| Citation(s) |
|---|
| 2025 SLG 2018 2025 SLD 2018 = 2025 SCP 237= 2026 PLD 145 |
Civil Petitions No. 3453-L/2019 and 23-L/2022.
Mr. Justice Syed Mansoor Ali Shah Mr. Justice Aqeel Ahmed Abbasi
For the petitioner(s): Mr. Muhammad Usman Arif, ASC. a/w Mr. Rana Iqbal, AHC. (In C.P.L.A. No. 3453-L/2019) Malik Saleem Iqbal Awan, ASC. (In C.P.L.A. No. 23-L/2022) For the respondent(s): Mr. Khalid Masood Ghani, AAG, Pn. Mr. Kashif Murtaza, Inspector (Legal).
Tahir Kazmi (in C.P.L.A. No. 3453-L/2019) Ali Asghar (in C.P.L.A. No. 23-L/2022) ... Petitioners
VERSUS
Inspector General of Police, Punjab, Lahore (in CPLA No. 3453-L/2019) Director General Statistics Department, Lahore, etc. (in CPLA 23-L/2022) ... Respondents
Law: Constitution of Pakistan, 1973
Section: 4, 9, 10A, 14, 25
Law: Punjab Civil Servants Act, 1974
Section: 16(2)
Law: Punjab Employees Efficiency, Discipline and Accountability Act, 2006
Section:
Summary of Judgment
The Supreme Court of Pakistan, in a landmark decision authored by Justice Syed Mansoor Ali Shah, clarified the entitlement of civil servants reinstated following unlawful dismissal, removal, or compulsory retirement to back benefits—including salary, increments, allowances, and pensionary entitlements—for the intervening period. This judgment also established the doctrine of constructive continuity in service jurisprudence, which treats the civil servant as if they had continued in service without interruption during the period of wrongful removal.
The Court held that when a disciplinary penalty is set aside, the annulment restores the employee to the status quo ante and that all financial and service-related benefits lost due to the unlawful action must be granted, subject only to lawful deductions or modifications corresponding to any substituted lighter penalty.
The judgment distinguishes between different grounds for reinstatement: