In a landmark judgment, the Supreme Court of Pakistan has ruled that a woman’s marital status cannot disqualify her from receiving a government job under the quota reserved for children of civil servants who die or become permanently disabled during service.
Justice Syed Mansoor Ali Shah authored the detailed 10-page verdict, declaring that marriage should not strip a daughter of benefits that a son continues to enjoy under the same rule. The apex court set aside a decision by the Khyber Pakhtunkhwa (K-P) Service Tribunal, which had earlier cancelled a woman’s appointment solely because she was married.
Justice Shah observed that if a son’s marriage does not affect his right to financial assistance, then there is no constitutional basis to deny the same right to a daughter. He termed such discrimination a violation of the fundamental guarantees of equality enshrined in Articles 25 and 27 of the Constitution.
The case revolved around Farakh Naz, whose mother had retired from the K-P Education Department on medical grounds. Naz was appointed as a Primary School Teacher under the quota for children of incapacitated civil servants. However, her appointment was abruptly withdrawn by the District Education Officer (DEO) Karak, who argued that married daughters were not entitled to such benefits.
Naz challenged the decision before the K-P Service Tribunal, but her plea was rejected. She later appealed to the Supreme Court, where a two-member bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmad Abbasi heard the case.
In its ruling, the court clarified that the purpose of this quota is to support the family of the deceased or disabled employee, not to assess the marital or financial dependency of individual children. Justice Shah further emphasized that both sons and daughters can contribute equally to their families’ welfare, and the notion that a married daughter no longer belongs to her parental family is rooted in “outdated and harmful stereotypes.”
The judgment also censured the K-P Establishment Department for using patriarchal and offensive language that described married daughters as no longer being a “liability” of their fathers. Justice Shah called this mindset “deeply regressive,” stating that it has no place in a society founded on equality and dignity for all citizens.
He reiterated that Pakistan’s Constitution guarantees equal rights to men and women and directs the state to take affirmative measures for women’s empowerment and social welfare. The ruling, hailed by legal experts as a victory for gender equality, reinforces that marriage cannot be used as a tool to deny women their rightful opportunities in public service.
