Mst. SALMA RAZA vs GOVERNMENT OF KHYBER PAKHTUNKHWA arts — 2026 PLC(CS) 852 FEDERAL-CONSTITUTIONAL-COURT

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Mst. SALMA RAZA VS GOVERNMENT OF KHYBER PAKHTUNKHWA arts. 29(2), 35, 36 & 175F (1)(c)---Principles of Policy---availability of resources---Scope---Civil service---Spouse posting policy---applicability---Petitioner / civil servant was aggrieved of her post on the plea that the same was against spouse posting policy---Validity---Wedlock or spouse-posting policies are designed to support family unity by posting spouses in same location as far as possible---Converting such accommodation into an indefinite deputation defeats the purpose and structure of service rules---Such accommodation disrupts cadre management and creates imbalance in staffing---Perpetual deputation blurs distinction between deputation and permanent transfer, leading to questions about policy misuse and administrative inefficiency---By elevating wedlock policy to the status of binding directive, the reasoning effectively enables civil servants and their spouses to claim transfer, posting together as a matter of right---This would operate in disregard of the resource-based limitations expressly recognized in art.29(2) of the Constitution---Wedlock policy cannot be made a ground for indefinite posting and it does not create a vested right---Instead, the wedlock policy is a guiding principle, not one that is to be adjudicated upon strictly by Courts---Ideally, the institutions and departments are to move in line with wedlock policy and not derogate from it on whimsical grounds---Wedlock policy cannot be relied upon to disrupt civil bureaucratic structure or settle jurisprudence on the service laws of the country---Supreme Court declined to interfere in the order passed by High Court in exercise of Constitutional jurisdiction---Petition for leave to appeal was dismissed and leave to appeal was refused.

Mst. SALMA RAZA vs GOVERNMENT OF KHYBER PAKHTUNKHWA arts — 2026 PLC(CS) 852 FEDERAL-CONSTITUTIONAL-COURT

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