Lahore High Court

Baber Masih v. Cantonment Executive Officer, Sargodha and another

Published on this website

Writ Petition No. 17945 of 2025

Citation: 2026 LHC 5569; approved for reporting

Pakistan | Constitution of the Islamic Republic of Pakistan, 1973 | Article 10-A

Background

Background

In 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.

A Sanitary Worker was unable to attend duty while in judicial custody in FIR No. 655 of 2012 and was later acquitted by the Lahore High Court. The departmental appellate authority reinstated him with effect from 26 November 2012 and treated the intervening period as EOL, but declined back benefits. The authority had found his absence beyond his control and no misconduct remained against him.

Questions of back benefits, reinstatement and EOL

Whether back benefits could lawfully be denied after reinstatement merely because the employee performed no work, despite findings that his absence was beyond his control, no misconduct survived, and no material showed gainful employment elsewhere.

Court holding

What the Court decided

Back benefits are ordinarily granted after wrongful deprivation of service, but the result is fact-sensitive and may be full, partial, or nil. The authority must exercise its discretion fairly, on relevant evidence, and through clear reasons. On the present record, non-performance alone was insufficient, and treating the period as EOL did not answer the separate question of financial benefits.

Final outcome

Final outcome

The writ petition was allowed. The orders dated 13 December 2024 and 10 January 2025 were set aside only to the extent of denial of back benefits, and the matter was remitted to respondent No. 2 for a fresh decision within two months from receipt of a certified copy.

Practical effect

What the decision means in practice

The writ petition was allowed. The orders dated 13 December 2024 and 10 January 2025 were set aside only to the extent of denial of back benefits, and the matter was remitted to respondent No. 2 for a fresh decision within two months from receipt of a certified copy.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Pakistan relevance

Pakistan relevance

For Pakistani service disputes, the decision requires counsel and departments to separate reinstatement, regularization of the intervening service period, and financial back benefits. The record should address the reason for absence, surviving misconduct, outside employment or income, and the legal justification for full, partial, or no back pay.

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Later treatment

Later treatment

The decision is reported as 2026 LHC 5569 and approved for reporting. No later appellate or judicial treatment has been added as of 5 September 2026. The official record should be checked before formal reliance.

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Judgment of Justice Shireen Imran14 paragraphs

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