Justice Ayesha Malik stresses sensitivity in transfer decisions

SC orders strict enforcement of Wedlock Policy

The Supreme Court of Pakistan has directed federal and provincial authorities to strictly comply with the Wedlock Policy, ruling that the state cannot selectively apply or ignore a policy specifically designed to ease hardships faced by married government employees and unmarried female employees.

The directive came in a nine-page judgment authored by Justice Ayesha A. Malik, which set aside a Federal Services Tribunal verdict that had upheld the transfer of an assistant health inspector.

Why the Wedlock Policy matters

Justice Malik emphasised that transfer orders issued “without thought or sensitivity” create psychological, economic, and social strains on families, violating the state’s obligation to protect marriage and family life.

The judgment stresses that the policy aims to keep spouses posted at the same station unless a compelling public interest requires otherwise.

What the two-judge bench said

A division bench headed by Justice Munib Akhtar noted that the core of the Wedlock Policy is clear:

• Spouses serving in government should not be separated unless absolutely necessary.
• Requests for extensions beyond permissible posting limits must be considered with compassion.
• The state must adopt family-sensitive transfer practices.

The court said such measures align with constitutional directives that guide the state to prioritise the welfare of its people.

What constitutional basis did the court refer to?

Article 35 – Protection of marriage, family, mother, and child

The court stressed that the Constitution requires the state to actively safeguard the family unit.

Article 34 – Full participation of women

Authorities must ensure women can participate fully in national life — including uninterrupted public service careers free from arbitrary or disruptive transfers.

Justice Malik noted that adherence to the Wedlock Policy supports both constitutional protections simultaneously.

How the ruling affects government departments

The Supreme Court clarified that:

• The Wedlock Policy is a binding policy directive, not a discretionary one.
• All government bodies must follow it “in letter and spirit.”
• Transfer orders contradicting the policy may now face legal challenges.
• The state must reorient administrative decisions toward family welfare and gender equality.

The judgment places an obligation on the bureaucracy to adopt humane, consistent, and constitutionally aligned transfer practices.