The Supreme Court has ruled that married government employees have a legitimate expectation to be considered for posting at the same station under the wedlock policy.
The court said a government employee may not have an automatic right to be transferred to a specific station. However, authorities cannot ignore the wedlock policy unless there are strong and concrete reasons linked to public interest.
A two-member bench headed by Justice Muhammad Ali Mazhar, with Justice Musarrat Hilali as the other member, issued the ruling on an appeal filed by Naheeda Aziz. She had challenged a Jan. 17, 2023 decision of the Punjab Service Tribunal, which had rejected her transfer request.
Justice Mazhar authored the 16-page judgment. The court set aside the rejection of the petitioner’s transfer request and directed the relevant authorities to reconsider her application within 15 days.
The court also ordered its office to send copies of the judgment to the Punjab chief minister, chief secretary and advocate general.
According to the judgment, wedlock policies framed by federal and provincial governments are designed to reduce the social and economic difficulties faced by married government employees posted in different cities.
The court said such policies are meant to protect marriage and family life. It added that beneficial policies should not be defeated on technical grounds.
Naheeda Aziz was appointed as an Assistant in BPS-14 in the Board of Revenue and was posted in Lahore. Her husband, who also worked in the Revenue Department as a BPS-11 clerk, was posted in Faisalabad.
She sought transfer from Lahore to Faisalabad under the wedlock policy. However, her request was denied, after which she approached the Punjab Service Tribunal. The tribunal also dismissed her appeal.
While allowing her appeal, the Supreme Court said any refusal of a wedlock-based transfer request must rest on clear and tangible grounds. It said authorities cannot use rigid service rules or discretionary powers to bypass a policy meant to protect family life.
The court observed that requests by husbands and wives for posting at the same station should be considered with compassion and implemented fairly, unless there are unavoidable hurdles.
The judgment further said that once a competent authority introduces a wedlock policy, it must apply the policy consistently. Authorities cannot implement it on a pick-and-choose basis or leave its benefit to personal discretion.
The court linked the wedlock policy with Article 35 of the Constitution, which requires the state to protect marriage, the family, the mother and the child.
It said the policy helps prevent forced separation of spouses because of different duty stations. The judgment also noted that working women often face added hardship when they have to manage childcare and professional duties alone while living away from their husbands.
Justice Mazhar said the policy creates a legitimate expectation for married civil servants that the government will try to accommodate them. He added that any ambiguity should be resolved in favor of the intended beneficiaries.
The Supreme Court also said that even if no vacancy exists at the spouse’s station, authorities should make meaningful efforts to accommodate the couple. It suggested options such as temporary transfer, permanent transfer, absorption or deputation in the same or another federal or provincial department.
The court said officials should follow the spirit of the wedlock policy instead of rejecting applications on irrational grounds or simply claiming that no post is available.
The ruling is expected to guide future transfer requests by married government employees seeking joint posting under wedlock policies.
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