2010 PLP (C (PLC(CS))

DOST MUHAMMAD KHAN, J.

A lady namely, Mst. Samina Naheed, sent a petition to Honourable the Chief Justice and because of the grounds taken therein, it was converted into constitutional petition. The plea of the petitioner is that if educated married women are divorced at a later stage and by then they crossed the upper age limit cannot get employment in Government /Semi-Government /Institutions/ Autonomous/Semi-Autonomous and Statutory Bodies, controlled and managed by the Government , because no relaxation in upper age limit is provided therefor.

2. We have gone through the relevant rules regarding age relaxation, copy of which was provided by the learned Deputy Attorney General, present in the Court. Perusal of the same would show that for different classes of persons concession of relaxation in upper age limit is provided, however, there exist no rule/provision to extend this concession i.e. relaxation in upper age limit, to the divorced educated women, who after divorce are in dire need of earning/winning bread for themselves and for their kids. This omission, in our view, amounts to discriminatory treatment as both Provincial and Federal Governments as well as Statutory/Autonomous Bodies have not taken care of this large segment of the society, who are more deserving in view of the peculiar facts, and circumstances confronting our society.

3. There is no denial of the fact that many professional women, possessing much higher qualifications like lady doctors, female engineers and other professional women, when are divorced at the age of 40 or round about then they are unable to get employment/job in the Institutions ibid because of the age factor. Not providing rule to grant relaxation in upper age limit to such professionals and highly skilled women is clearly hit by the prohibitory command of Article 25 of the Constitution of Islamic Republic of Pakistan, 1973, hence, immediate steps are required to be taken to appropriately and suitably amend the rules on the subject and experts on the subject shall sit together to frame rules for granting such concession in age relaxation to such women/divorcees, who are highly skilled, professional and well-educated. It would be more advisable that the upper age limit is re-fixed for them, at least for one year period after the date the divorce is given and for which become final, so that this large segment of the society becomes active participants in the Nation's building on one hand and to earn livelihood for themselves and for their kids and the expenses incurred on their education either by their parents or by the Government shall not go waste. While formulating the rules, care should also be taken of those professionals/educated women, who after joining service have abandoned/abandon the same under the influence of their husbands and want to rejoin the same after she/they are divorced.

4. As the learned Advocate-General and Deputy Attorney-General, both do not grudge/oppose the present order, therefore, there is no need to ask the Federal or Provincial Government or Autonomous/Statutory Bodies to file comments, moreso, when we are supposed to do what is required by Article 25 of the Constitution to do.

5. Accordingly, this petition is admitted and allowed in the above terms and the Federal/Provincial Government and all the Autonomous/ Semi-Autonomous/Statutory Bodies/Institutions are directed to frame rule, granting relaxation in upper age limit to such divorced women, who wait to join or rejoin service of Government /Institutions/Autonomous/ Semi-autonomous/Statutory Bodies.

6. Copy of this order/judgment be sent to the Chief Secretary, Government of N.-W.F.P. Peshawar, to the Secretary Establishment Division Government of Pakistan Islamabad and to the Heads of all the Institutions/Autonomous/Semi-autonomous/Statutory Bodies, controlled, managed or funded by the Government, whether Provincial or Federal, so that the needful is done within a period of two months at the most.

7. The Additional Registrar (Judicial) of this Court shall pursue the matter by interacting/corresponding with all these Authorities, till the matter is taken to its logical conclusion. H.B.T./219/P Petition allowed.