Service Law
Public employment, seniority, pension, and reinstatement.
Research and commentary on public-sector employment, appointment and regularization, seniority, pension, reinstatement, disciplinary proceedings, and reasoned administrative decisions.
21 articles in Service Law
01Service LawPunjab Traffic Police: Supreme Court Rejects Repatriation After Permanent Cadre AbsorptionThe Supreme Court upheld relief for Punjab traffic personnel permanently absorbed into their cadre, rejecting their return to the General District Police Cadre.02Service LawEST Physical Education to AEO Promotion: Supreme Court Restores Muhammad Shafiq’s PromotionThe Supreme Court held that a transfer note could not defeat EST Physical Education promotion to AEO under the 2014 Rules and restored promotion with back benefits.03Service Law · Constitutional LawTermination During Probation in Pakistan: FCC Upholds NUML Decision and Explains Due ProcessThe FCC upheld NUML's termination of a probationer but held that an employer cannot disguise punitive dismissal as unsatisfactory performance to avoid due process.04Service LawProforma Promotion: Supreme Court Rejects Training Objection Against Medically Restricted EmployeeThe Supreme Court upheld consideration of a retired Railways employee for proforma promotion, rejecting a settled training objection and treating medically withheld training as no wilful default.05Service Law · Constitutional LawWhen Can Employees Governed by Non-Statutory Service Rules File an Article 199 Writ? The SESSI and SEPCO Judgments ExplainedThe FCC allowed an Article 199 challenge to SESSI's seniority decision but rejected a SEPCO promotion writ. The employer, the source of the right and the challenged act explain the difference.06Service Law · Constitutional LawPunjab Pension Claim Must Follow Service Tribunal Route: FCC Chamber OrderThe Federal Constitutional Court upheld office objections to a direct constitutional pension petition, holding that retired Punjab employees must pursue the applicable service law remedies. It did not decide their pension entitlement.07Constitutional Law · Service LawFCC Rejects OGDCL Recall Bid as Barred Second Review in Pension CaseThe FCC held that OGDCL’s recall application sought substantive reconsideration of a concluded review, so the Registrar properly applied the express second-review bar.08Service Law · Constitutional Law · Civil LawNew Service Rules Cannot Retrospectively Disturb Settled SeniorityThe Supreme Court of Pakistan held that WAPDA's 2018 service rules could operate prospectively but could not unsettle seniority and promotion rights already accrued under the previous regime.09Service Law · Constitutional LawNon-Statutory Service Disputes: A High Court Cannot Decide Merits After Holding a Writ Not MaintainableThe Federal Constitutional Court held that employees governed by non-statutory service policy cannot invoke Article 199 for promotion disputes, and a High Court that declines jurisdiction must not then decide the merits.10Service Law · Constitutional LawDepartmental Inquiries: Employees Cannot Be Punished on Uncharged Allegations and Reinstatement Carries Back BenefitsThe Federal Constitutional Court held that materially enlarged allegations and denial of cross-examination vitiated disciplinary proceedings, and ordered reinstatement with salary arrears and back benefits under constructive continuity.11Constitutional Law · Service Law · Human RightsFederal Constitutional Court: Pre-2022 Workplace Harassment Act Did Not Cover Every Hostile-Workplace ComplaintThe Federal Constitutional Court held that the definition applicable to a 2012-2013 dispute required a sexual or gender-based element and that the High Court could not substitute its factual view in certiorari without a recognized jurisdictional defect.12Service Law · Constitutional LawSupreme Court: Later Office Memorandum Cannot Retrospectively Defeat Accrued Time-Scale RightsThe Supreme Court directed federal departments to reassess employees individually within three months, holding that later Office Memorandums cannot operate retrospectively against time-scale benefits that had accrued under the applicable criteria.13Service Law · Constitutional LawDefective Departmental Inquiry: Supreme Court Orders Full Exoneration and Back BenefitsThe Supreme Court fully exonerated Nazir Ahmad and granted back pay from 1 August 2017 after accepting the core due-process and evidentiary objections advanced by Aftab Alam Yasir, Advocate Supreme Court.14Service Law · Constitutional LawFive-Year Age Relaxation for Serving Civil Servants Is Automatic: FCCThe Federal Constitutional Court held that eligible serving civil servants in Balochistan receive the five-year upper-age relaxation under Rule 4(1)(ii) automatically and may choose the most beneficial single category under Rule 4(6).15Service Law · Constitutional LawFCC: Departmental Delay Cannot Defeat Accrued Service RightsThe Federal Constitutional Court held that an employee who performed the duties of a post and later received Selection Board approval could not be denied incentive allowance because the department convened the Board after his transfer.16Criminal Law · Evidence · Service LawLHC: Criminal Breach of Trust Requires Dishonest Intent, Not Mere NegligenceThe Lahore High Court held that negligence or inefficiency alone cannot establish criminal breach of trust or corruption without proof of dishonest or fraudulent intent.17Service Law · Constitutional LawSupreme Court: CTP Repeater Cannot Claim Seniority With Original BatchIn Federation of Pakistan v Kamran Khan, the Supreme Court held that a probationer who repeats and passes a later Common Training Programme takes seniority with the successful batch, not the original batch.18Service Law · Constitutional LawFCC Rules Contract Service Cannot Count Toward Seniority Without Express Legal AuthorityThe Federal Constitutional Court held that contract service cannot count for seniority without express law and ordered SESSI to issue a revised seniority list.19Service Law · Civil LawInvalid Resignation Is Not Retirement: Supreme CourtIn Government of Khyber Pakhtunkhwa v. Mst. Bacha Jehan, the Supreme Court held that a service tribunal may invalidate an unproved resignation but cannot convert it into retirement merely because the employee completed pensionable service.20Service Law · Constitutional LawLHC Rules on Back Benefits After ReinstatementIn 2026 LHC 5569, the Lahore High Court set aside an unreasoned denial of back benefits after reinstatement and ordered a fresh decision within two months.21Criminal Law · Civil Law · Service LawFCC Explains When Criminal Proceedings Must Wait for Civil LitigationThe Federal Constitutional Court held that criminal and departmental proceedings must await a civil court where liability depends on the genuineness of disputed documents.