ISLAMABAD: The Supreme Court has directed all government departments to strictly follow the 1998 Wedlock Policy, ruling that administrative convenience cannot override the constitutional obligation to protect the family life of civil servants.
The judgment was delivered by a bench comprising Justice Ayesha A. Malik and Justice Munib Akhtar on a petition filed by Mubashir Iqbal Zafar, an Assistant Health Inspector (BPS-5), against the Ministry of Defence and other respondents.
Zafar had challenged his transfer from Abdul Hakim in Khanewal district to Dera Nawab Sahib in Bahawalpur district on February 8, 2021, citing serious medical and family hardships. He is diabetic, while his wife — a BPS-14 government school teacher posted in Abdul Hakim — suffers from a heart condition. The couple also has two minor children. His request to remain at his existing posting or be transferred nearby was rejected, and his appeal was later dismissed by the Federal Service Tribunal.
Setting aside the transfer order, the Supreme Court observed that it had been issued in a “routine manner” without any compelling public-interest justification. The court held that this violated the Wedlock Policy as well as Articles 34 and 35 of the Constitution, which safeguard family life and encourage women’s participation in public service.
The bench noted that while a civil servant does not enjoy an absolute right to a posting of choice, the Wedlock Policy obliges the state to consider family circumstances and minimise hardship, unless a strong public-interest reason exists. It criticised the government’s “one-dimensional approach” to transfers, which often ignores family needs and treats separation as an unavoidable administrative outcome.
The judgment described the policy as a binding directive aimed at reducing hardship, promoting family stability and fostering greater participation of women in public service. It cautioned against overriding these objectives through “convenience, tradition or rigid administrative practices”, stressing that the policy must be implemented in both letter and spirit.
Justice Malik remarked that governance must remain people-centric, adding that administrative decisions should reflect the public interest by protecting families from unnecessary psychological, economic and social strain.
Legal experts welcomed the ruling. Lawyer and Women in Law Initiative Pakistan founder Nida Usman termed it a landmark decision, noting that it reinforces a gender- and family-sensitive approach to governance that benefits entire families, not just women.
The court also rejected the government’s justification that Zafar could not remain at one posting indefinitely, calling it inadequate in light of his medical and family circumstances. It directed all departments to treat the Wedlock Policy as mandatory to prevent avoidable hardship caused by insensitive transfer orders.
Justice Ayesha A. Malik has previously authored several landmark rulings on family and women’s rights, including judgments recognising psychological abuse and reinforcing women’s autonomy in matters of marriage and Khula.
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