| Case ID |
25284b09-3969-4d3a-8a84-43505a2a5332 |
| Body |
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| Case Number |
Writ Petition No.271 of 2009 |
| Decision Date |
Dec 10, 2009 |
| Hearing Date |
|
| Decision |
The Peshawar High Court ruled in favor of Mst. Samina Naheed, acknowledging the need for age relaxation in government employment for divorced women. The court highlighted that the existing rules did not provide any concession for educated divorced women who are unable to find employment due to crossing the upper age limit. This omission was deemed discriminatory under Article 25 of the Constitution of Pakistan. The court directed the Federal and Provincial Governments, along with all autonomous bodies, to amend the relevant rules to allow for age relaxation for divorced women. This decision aims to empower these women, enabling them to participate in the workforce and contribute to society while addressing the financial needs of themselves and their children. |
| Summary |
In the case of Mst. Samina Naheed vs. The State, the Peshawar High Court addressed the issue of age relaxation for divorced women in government jobs. The petitioner argued that educated divorced women face challenges in securing employment due to the upper age limit restrictions. The court found that the lack of provisions for age relaxation for this demographic constituted discrimination, violating Article 25 of the Constitution of Pakistan. The judges emphasized the importance of amending the rules to facilitate the inclusion of divorced women in the workforce, particularly those with professional qualifications. The ruling mandates that the relevant authorities develop regulations to grant age relaxation, thereby promoting equality and enabling these women to support themselves and their families. This landmark decision is significant for enhancing the rights of divorced women in Pakistan, ensuring that they have the opportunity to contribute to the workforce and society. The case highlights the ongoing issues of gender equality and the need for legal frameworks that support the rights of marginalized groups within the workforce. |
| Court |
Peshawar High Court
|
| Entities Involved |
Provincial Government,
Federal Government,
Autonomous Bodies
|
| Judges |
DOST MUHAMMAD KHAN,
LIAQAT ALI SHAH
|
| Lawyers |
,
Khurshid Khan, D.A.-G.,
Qaisar Rashid, A.A.-G.
|
| Petitioners |
Mst. SAMINA NAHEED
|
| Respondents |
THE STATE
|
| Citations |
2010 SLD 2297,
2010 PLC 364
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
25,
199
|