LAHORE: The Lahore High Court held that a widow employed on the package for families of government employees who die in service cannot be terminated from the service after she contracts a second marriage.

The court passed this order in a petition of Zoya Islam who was employed as Naib Qasid in Pakistan Mint after her husband Muhammad Aslam died during his service and was later terminated for contracting second mirage.

The court held that the termination order of the appellant on the ground of re-marriage was arbitrarily in violation of the principles of Shariah, Constitution, as well as, supra dictum of the Supreme Court of Pakistan and is liable to be set aside.

The court said, that the government in contravention of the principles of Shariah, as well as, the Constitution had issued a memorandum on December 15, 2015, that a widow, who was granted employment on the ground of the demise of her husband during service, will be disentitled to continue her service on account of her solemnizing of second marriage.

The court said Islamabad High Court and the Supreme Court had declared the memorandum ultra vires and illegal.

The court noted that the respondents, despite knowledge of the dictum of the Superior Courts on the matter in issue declined the request of the appellant for reinstatement.

The court observed that as the Memorandum in question has already been declared illegal by the Supreme Court; hence, under Article 189 of the Constitution compliance of the apex court order is mandatory for all the organs of the state.

The court observed that the Constitution guarantees the citizens of this country to order their lives in accordance with the fundamental principles and basic concepts of Islam. The Constitution also guarantees the protection of marriage and family of a citizen, the court added.

The court also observed that a Muslim widow could not be prevented or discouraged from contracting marriage rather her action is appreciable and is duly safeguarded by Shariah.

Copyright Business Recorder, 2024