Supreme Court Refers Wedlock Policy Dispute to Larger Bench

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The Supreme Court has referred the interpretation and enforceability of the Wedlock Policy governing transfers and postings of married civil servants to a larger bench, signaling a fresh judicial examination of the issue. The move aims to ensure clarity and consistency in service law.

A two-member bench headed by Chief Justice of Pakistan Yahya Afridi took up an appeal filed by the Federal Board of Revenue (FBR) against a decision of the Federal Service Tribunal. During the hearing, the bench directed that the matter be placed before a three-judge bench for final determination, noting that the issue carried wider legal implications.

The court observed that a recent Supreme Court judgment had allowed a civil servant to remain posted at a particular station by relying on the Wedlock Policy. This raised a key legal question: whether the policy creates an enforceable right or merely serves as an administrative guideline.

Representing the FBR, advocate Hafiz Ahsaan Ahmad Khokhar argued that the Wedlock Policy could not override the Civil Servants Act, 1973, the Estacode, or official transfer rules. He pointed out that the concerned officer had remained posted in Peshawar for over fifteen years, exceeding the policy’s intended scope.

Legal observers note that the larger bench may revisit or limit the broader interpretation adopted in an earlier ruling, which had linked the Wedlock Policy to constitutional protections of family life and women’s participation in public service.

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