| Citation(s) |
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| 2026 SLG 701 2026 SLD 701 = 2026 SHC 397 |
Sindh High Court
CP No.D-4517 of 2025
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Petitioner : through M/s Ahmed Ali Ghumro and Abdul Samee, advocates
Respondent No.1 : through Ms. Zahrah Sehr Vayani, Assistant Attorney General
Respondents No.2 to 4 : through Mr. Zafar Imam, advocate Date of hearing and order: 11.02.2026 Date of Reasons: 18.02.2026
CP No.D-4517 of 2025
Presented By: Justice Muhammad Saleem Jessar Justice Nisar Ahmed Bhanbhro
Petitioner : through M/s Ahmed Ali Ghumro and Abdul Samee, advocates
Respondent No.1 : through Ms. Zahrah Sehr Vayani, Assistant Attorney General
Respondents No.2 to 4 : through Mr. Zafar Imam, advocate Date of hearing and order: 11.02.2026 Date of Reasons: 18.02.2026
(Sania Rasool Bhutto
VS
. the Federation of Pakistan and 3 others)
Law: Constitution of Pakistan, 1973
Section: 199,35,9,3,10-A,25
Law: Civil Servants Act, 1973
Section: 10,25,RULE 6,20-A
Summary of the Case The petitioner, a government officer, challenged her transfer from Karachi to Islamabad by the Federal Board of Revenue, arguing that it violated the Wedlock Policy (1998) since her husband was posted in Karachi. She requested posting at the same station as her spouse. The authorities ignored her request and issued a transfer notification (10.09.2025). The respondent argued that transfer is an incidence of service and the policy is only directory. Court’s Findings The Wedlock Policy is meant to protect family life and must be implemented in true spirit. Transfer orders must balance administrative needs with family rights. No compelling public interest justified the petitioner’s transfer. The transfer violated: Family protection principles Right to life (broad interpretation) The Court relied on Supreme Court precedent emphasizing strict adherence to Wedlock Policy. Final Decision Petition allowed Transfer notification set aside (for petitioner only) Petitioner deemed never transferred and restored to Karachi posting âš–ï¸ Sections / Laws Used Article 199, Constitution (constitutional jurisdiction) Article 35, Constitution (protection of family) Article 9, Constitution (right to life) Article 4, 10-A, 25 (fair treatment, due process, equality – pleaded) Section 10, Civil Servants Act, 1973 (transfer obligation) Section 25, Civil Servants Act, 1973 (rule-making power) Rules 6 & 20-A, Civil Servants (Appointment, Promotion & Transfer) Rules, 1973 Wedlock Policy Notification (13.05.1998) SRO 375(1)/2012 (amendment supporting spouse posting) 🧾 2 × Two-Word Case Descriptions Transfer Challenge Family Rights J U D G M E N T Through this petition, the petitioner has sought following relief(s): “i. To declare that the actions of the respondents in failing to comply with and implement the Wedlock Policy Notification No. 10/30/97-R.II dated 13-05- 1998 issued by the competent authority whereby the petitioner transferred from the Collectorate of Customs Appraisement (East), Karachi, to the Federal Board of Revenue (HQ), Islamabad, are in clear violation of the said policy and contrary…