I am sharing the Judgment Copy of LHC regarding the Job Status on the Re-Marriage of the Widow. As per the decision the widow is eligible for continuing her jobs when she re-marries. The main points of the decision are as follows:
Judgment Copy of LHC regarding Job Status on Re-Marriage of Widow
Date of hearing
11-09-2024
Appellant by
Mr. Atif Ashraf. Advocate
Respondents by
Mr. Shehbaz Ahmad Khan Yousafza, Assistant Attorney General along with Riaz-ud-Din Shaikh, Assistant Director (Legal)
Main Content of the Court Decision
Muhammad Iqbal, J: In this intra-court appeal, the appellant has challenged the validity of the order dated 22-11-2022 passed by the learned Sigle Judge in Chamber, in which Writ Petition No.73497/2022, filled by the appellant, was dismissed.
The brief facts of the case are that the appellant’s husband, Muhammad Aslam, who was an employee of Pakistan Mint, passed away during his service. The appellant Bering window of the decreased employee was appointed as Naib Qasid (BS-01) in Pakistan Mint on a contract basis for a period of five years on 03-01-2020 in the light of a notification dated 04-12-2015 titled “Revision of Assistance Package for Families of Government Employees who die in Service: / The appellant contracted second marriage upon which respondent authority while relying on a notification dated 15-12-2015 issued by the Establishment Divison, Government of Pakistan terminated her service on 30-0-2021.
In the aforesaid circumstances, it can safely be held that the appellant’s termination order dated 30-09-2021 on the ground of re-marriage was arbitrarily issued by the respondent department in the validation of the principles of Sarah, Constitution, and supra dictum of the humble Supreme Court of Pakistan, as such is a nullity in the eyes of law and liable to be set aside.
For what has been discussed above, instance appeal is allowed, in an order dated 22-11-2022 passed by the leaner Single Judge in Chamber is set aside and consequently, the Writ Petition {[NO.73497/2022] filed by the appellant is accepted, and the orders of her termination dated 30-09-2021 as well as the decline of request for reinstatement dated 21-06-2022 are also set nought accordingly.
