The CHIEF COMMISSIONER REGIONAL TAX OFFICE, BAHAWALPUR vs SHAHEEN YOUSAF art

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The CHIEF COMMISSIONER REGIONAL TAX OFFICE, BAHAWALPUR VS SHAHEEN YOUSAF art. 25---Employment---Prime Minister's assistance Package for the Families of Deceased Government Employees---Re-marriage of widow of deceased civil servant---Reinstatement in service---Respondent was appointed as a Lower Division Clerk, under Prime Minister's assistance Package for the Families of Deceased Government Employees but later on her services were terminated on the ground of her remarriage---High Court reinstated the respondent in service---Validity---Constitution secures fundamental rights for individuals as equal citizens not as appendages of patriarchal roles or marital identities---Women are not defined by the men in their lives; they are autonomous and rights-bearing individuals---Denying a woman right to employment on the basis of her remarriage is a blatant reinforcement of patriarchal control, seeking to subordinate her legal identity to societal expectations---Financial independence is not a concession to women, it is the foundation of their Constitutional agency, dignity, and full participation in public life---Law must dismantle, not perpetuate, the structures that reduce women to secondary citizens in the eyes of society---Impugned office order was discriminatory as it singled out widows, the female spouses of deceased government employees for disqualification from compassionate employment upon remarriage, without imposing a corresponding restriction on widowers, notwithstanding the Prime Minister's assistance Package which offered compassionate employment to both a widow and a widower---Gender-specific disqualification amounts to direct discrimination based on sex, contravening articles 25(1) and 25(2) of the Constitution, which guarantee equality before law and prohibit discrimination on the basis of sex---Supreme Court declined to interfere in judgment passed by High Court, whereby respondent was reinstated in service---Petition for leave to appeal was dismissed and leave to appeal was refused.

The CHIEF COMMISSIONER REGIONAL TAX OFFICE, BAHAWALPUR vs SHAHEEN YOUSAF art — 2025 SCMR 1076 SUPREME-COURT

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