Supreme Court of Pakistan

Sahibzada Hassan Ali and others v. Government of Khyber Pakhtunkhwa through Chief Secretary, Peshawar and others

Published on this website

Civil Petitions Nos. 5091 to 5093 of 2025 and Civil Petitions Nos. 986-P to 988-P of 2025

Citation: Approved for reporting; reported citation not assigned in the supplied judgment

Pakistan | Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2018 | Sections 3 to 6Pakistan | General Clauses Act, 1897 | Section 20APakistan | the 2018 Act | section 6(2)

Background

Background

The Supreme Court restored employees' seniority, holding that a six-year Gazette delay caused by the government could not defeat statutory regularization from 7 March 2018.

Project employees regularized under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2018 were treated as regular from 7 March 2018 and appeared above later appointees in successive seniority lists. Their 2018 regularization notifications were not published in the Official Gazette until 21 August 2024, although the eventual publication retained the statutory 2018 effective date.

Questions of publication and seniority

Whether the government's delay until 21 August 2024 in publishing 2018 regularization notifications postponed the employees' statutory regularization and seniority, despite the 2018 Act and the notifications fixing 7 March 2018 as the effective date.

Court holding

What the Court decided

No. On the particular statutory and factual record, Gazette publication was directory and the six-year delay was a procedural administrative lapse rather than a fatal defect. The beneficial status accrued from 7 March 2018, and seniority had to be determined under section 6(2) by continuous officiation. The State could not use its own publication failure to prejudice the employees.

Final outcome

Final outcome

The six civil petitions were converted into appeals and allowed. The Khyber Pakhtunkhwa Service Tribunal's consolidated judgment dated 12 September 2025 was set aside, and the petitioners' seniority was restored to its original condition.

Practical effect

What the decision means in practice

The six civil petitions were converted into appeals and allowed. The Khyber Pakhtunkhwa Service Tribunal's consolidated judgment dated 12 September 2025 was set aside, and the petitioners' seniority was restored to its original condition.

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-law litigation, counsel should prove the complete statutory chain: coverage, commencement, eligibility, continuous service, the notification's effective date, the Gazette record, the cause of delay and the separate rule governing seniority. The case is strongest where publication confirms a beneficial statute-created status and no adverse third-party consequence is shown.

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Judgment of Justice Muhammad Ali Mazhar19 paragraphs

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