| Citation(s) |
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| 2025 SLG 1426 2025 SLD 1426 = 2025 SCP 197 = 2025 PLC 1022 |
C.P.L.A. No. 2646/2023 (Against the judgment dated 11.04.2023 passed by the Federal Service Tribunal, Islamabad in Appeal No. 970(R)CS/2019)
Mr. Justice Syed Mansoor Ali Shah Mr. Justice Aqeel Ahmed Abbasi
Shahbaz Latif ... Petitioner
VERSUS
DIG Pakistan Railways Headquarters Officer, Lahore etc. … Respondent(s)
Law: Contract Act (IX of 1872)
Section: 70
The Supreme Court ruled that a public employee, despite an invalid appointment due to educational discrepancies discovered after 15 years of service, cannot be forced to refund salaries earned during that period. While upholding his dismissal, the Court barred retrospective salary recovery, emphasizing equity and institutional accountability.
Core Points
Invalid Appointment: The petitioner was appointed in 2003 but later found ineligible (377/399 marks in Matriculation). The defect was discovered in 2018 after 15 years of uninterrupted service.
No Fraud Alleged: No evidence of misrepresentation or bad faith by the petitioner. His service record was unblemished, and duties were performed satisfactorily12.