Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
A key policy governing transfers and postings of married civil servants is set to come under renewed judicial scrutiny, with the Supreme Court ruling that the scope and applicability of the marriage service policy should be reviewed by a broader court.
A division bench of the apex court headed by Chief Justice of Pakistan Yahya Afridi, while hearing an appeal filed by the Federal Board of Revenue (FBR) against an order of the Federal Service Tribunal (FST), directed the registry to dispose of the matter before a three-member bench for a final decision.
While hearing the case last month, the bench observed that a recent SC decision had allowed a request for detention at a particular station on the basis of the marriage policy, sparking a wider debate on whether such relief could be considered enforceable under military law.
At this stage, Hafiz Ahsaan Ahmad Khokhar, appearing for the FBR, expressed reservations over Justice Ayesha Malik’s earlier judgment, arguing that the marriage policy could not be enforced as a vested or absolute right by a civil servant in derogation of the Civil Service Act, 1973, Estacode and the Establishment Division’s instructions governing transfers and postings.
He further pointed out that in the present case, the official had remained posted in Peshawar for more than fifteen years, thereby taking the matter outside the scope and intent of the marriage policy, which he said was subject to administrative requirements and rotation principles.
The lawyer emphasized that the applicability of the policy must be examined strictly in light of applicable military laws and administrative instructions. Following these arguments, the bench referred the matter to a three-member bench for a final decision.
The referral sparked debate within legal circles, particularly over why the case was sent to a larger court despite the existence of a two-member ruling on marriage policy.
Legal experts suggest that the three-member court may take a different view from the liberal interpretation previously taken by Justice Ayesha Malik regarding the scope and applicability of the policy.
In December last year, a bench comprising Justices Munib Akhtar and Ayesha Malik had observed that the state should follow the marriage policy as it was designed to specifically address the difficulties faced by married government employees and unmarried women government employees.
In this judgment, the court held that the government cannot implement this policy selectively, emphasizing that it must be followed in letter and spirit to remove difficulties and discourage the continued practice of issuing transfer orders without considering the requirements of married employees.
“Therefore, for the sake of convenience, efforts should be made to follow the policy aimed at avoiding psychological, economic and social strain on families,” the judgment said.
The Court said that the relevant constitutional provisions collectively place the burden on the State to promote the full participation of women in public service and to protect the institution of marriage and family for the benefit of both men and women.
