ISLAMABAD: The Supreme Court has granted relief to government servant couples by securing their right to promotion, allowing them to change domiciles without fear of being deprived of career advancement.
Now, women will be able to get promotions and higher posts after changing their domiciles, as the Supreme Court has ruled that new domiciles will be considered and such changes will not affect the provincial quota.
The judgement, a copy of which available with Dawn, was issued by a two-judge SC bench comprising Justice Syed Mansoor Ali Shah and Justice Aqeel Ahmed Abbasi.
The petition was filed by Dr Shumaila Naeem, a gold medallist, who joined government service as a medical officer based on her Khyber Pakhtunkhwa domicile. After marrying a civil servant with a Balochistan domicile, she changed her domicile to that of her husband.
SC allows domicile change without career risk for couples in govt service
Subsequently, based on her new Balochistan domicile, she applied for the advertised post of Associate Professor (Obstetrics and Gynaecology), BPS-19, at Pakistan Institute of Medical Sciences in Islamabad. She topped the written exam conducted by the Federal Public Service Commission (FPSC), but was not called for an interview due to her domicile change, with the FPSC alleging that her original domicile was from KP.
Speaking to Dawn, Shumaila Naeem said her departmental representation and subsequent review petition were dismissed by the FPSC. “However, my appeal under Section 7(3)(d) of the FPSC Ordinance 1977 was allowed by the Islamabad High Court through a judgement dated January 28, 2025 by Chief Justice Aamer Farooq. But instead of implementing the IHC order, the FPSC filed an appeal in the Supreme Court,” she said.
“The apex court held that a married woman retains the legal discretion or choice to either adopt her husband’s domicile or retain her own,” she added.
The court ruled that the respondent had voluntarily opted to adopt her husband’s domicile, which is legally permissible. It rejected the FPSC’s stance and declared that the seat of Associate Professor is still vacant. The court directed that the candidate be considered for appointment to the post on the basis of her Balochistan domicile within a fortnight.
Dr Shumaila said that in the past, many female civil servants had no choice but to work in a province different from their husbands’.
“This decision, which has now become a precedent, will allow them to change their domiciles and serve at the same station as their husbands. It will bring peace of mind to them and their families,” she said.
Published in Dawn, July 3rd, 2025
