ZOYA ISLAM vs GOVERNMENT OF PAKISTAN arts — 2025 PLC(CS) 422 LAHORE-HIGH-COURT-LAHORE

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ZOYA ISLAM VS GOVERNMENT OF PAKISTAN arts.31, 35 & 189---appointment of widow of the deceased employee as Naib Qasid on contract basis---Termination from service on account of her second marriage on the basis of a Notification of the Establishment Division---Constitutionality---as per verses of Holy Quran as well as provisions of the Constitution a Muslim widow cannot be prevented or discouraged from contracting marriage rather such action of hers is appreciable which is duly safeguarded by Shariah---Widow, at the time of death of her husband, is given her due share from the estate left by her husband and there is no embargo on her to contract second marriage after the completion of stipulated period of Iddat---Government in contravention to the aforesaid principles of Shariah as well as Constitution of Pakistan issued Memorandum dated 15.12.2015 that a widow, who was granted employment (job) on the ground of demise of her husband during service, would be disentitled to continue her service on account of her solemnizing of second marriage---after receipt of her termination order, the appellant filed an application to the respondent contending therein that she had contracted second marriage as per Shariah and the Memorandum in question had been declared illegal by the Superior Courts as such she could be reinstated into service---Respondents, despite knowledge of the dictum of the Superior Courts on the matter in issue, instead of reinstating the appellant into service, remained adamant to follow the illegal and unlawful instructions of the Establishment Division and declined the request of the appellant for reinstatement---Memorandum in question had already been declared illegal by the Supreme Court of Pakistan, as such under art.189 of the Constitution, compliance of the decisions rendered by the apex Court was mandatory for all the organs of the state---Termination order of the appellant on the ground of re-marriage was arbitrarily issued by the respondent-department in violation of the principles of Shariah, Constitution as well as dictum of the Supreme Court of Pakistan, as such same was held to be nullity in the eyes of law and was liable to be set aside---appeal was accepted, in circumstances.

ZOYA ISLAM vs GOVERNMENT OF PAKISTAN arts — 2025 PLC(CS) 422 LAHORE-HIGH-COURT-LAHORE

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