I. EXECUTIVE SUMMARY

General: Mrs Sanam Soomro has been a PST (BPS-14) with the Education Department since January 30.1.17. Her husband, Mr --------------, is a Senior Manager at -------------- in Hyderabad.

Initially posted in District Naushahro Feroze, Mrs              was transferred to Hyderabad in accordance with the wedlock policy on December 11.12.23, to be with her husband.

Disputed Transfer: Her transfer to Hyderabad was later canceled via a notification dated 21.3.24, which recalled all transfers made due to a recruitment process. This resulted in her being transferred back to Naushahro Feroze.

Legal Arguments: The petitioner's counsel argued that the wedlock policy, established by a notification on 16.4.12, exempts civil servants from transfers if they are posted under this policy. The document cites the Government of Pakistan's wedlock/working women policy from May 13.5.98, which aims to facilitate the posting of spouses at the same station due to socio-economic problems and hardships. This policy was further reinforced by a notification on 16.4.12, explicitly exempting such postings from general transfer rules.

The SHC found that the notification canceling transfers was related to recruitment policy violations and had no relevance to transfers made under the wedlock policy. The policy framework for posting married women at their husband's place of employment is supported by Article 35 of the Constitution, which obligates the state to protect family rights.

The Supreme Court has also protected the WedLock Policy in cases like Ali Azhar Baloch Versus Province of Sindh.

SCP allowed the petition, setting aside the transfer notification dated 21.3.24, specifically for Sanam Soomro. Mrs Sanam Soomro is to be considered as never having been transferred from Hyderabad to Naushahro Feroze and will be reposted to her previous location under the DEO (Primary), Hyderabad.

I. DETAILS

A.   Reference of Issues

Further to KQU 3548, being an important matter, we would inform you about  SHC order ----------------- (Attachment 75.1) in the ensuing paragraph, in Italic with emphasis in bold & Underline, heading ours for quick reading.

B. Deliberations

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