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ISLAMABAD, Dec 10 (APP):The Supreme Court of Pakistan has declared that safeguarding married male and female government employees from transfers that disrupt their family life is a responsibility of the State. The Court directed all government departments to ensure strict implementation of the Wedlock Policy.
In a detailed written judgment approved for reporting, the apex court set aside the federal government’s order transferring Assistant Health Inspector Mubashir Iqbal Zafar to Dera Nawab Sahib, ruling that the decision was in violation of the Wedlock Policy. Justice Ayesha A. Malik authored the judgment.
The Court noted that the Wedlock Policy, in force since 1998, aims to facilitate the posting of married employees at the same station and cannot be ignored by government departments. While the policy does not confer an absolute right, it creates a legitimate expectation that spouses will be accommodated—particularly in cases involving medical conditions.
The petitioner, Mubashir Iqbal Zafar, had informed the Court that he is diabetic, while his wife, a Grade-14 employee posted in Abdul Hakim, suffers from a heart condition verified by a medical board. Their two young children also require parental care, making the family’s presence in Abdul Hakim essential. Despite this, the transfer order was issued and upheld by the Federal Services Tribunal and other authorities.
The Supreme Court observed that the government had no “compelling” reason for the transfer and had processed the matter in a routine manner. It held that the Wedlock Policy cannot be violated nor left to administrative discretion.
Justice Ayesha A. Malik further wrote that Articles 34 and 35 of the Constitution obligate the State to protect marriage, the family, women’s participation, and their welfare, requiring the government to enforce its policies with seriousness.