| Citation(s) |
|---|
| 2025 SLG 4845 2025 SLD 4845 = 2025 SCP 354 = 2026 SCMR 838 = 2026 PLC 831 |
Civil Petition for Leave to Appeal No. 2975 of 2024 (Against the Judgment dated 26.03.2024 passed by the Federal Service Tribunal, Camp Officer, Peshawar in Service Appeal No. 67(R)CS of 2023)
Justice Syed Hasan Azhar Rizvi Justice Malik Shahzad Ahmad Khan
Member (Power), WAPDA, WAPDA House, Lahore and another ... Petitioner
VERSUS
Sher Bahadur …. Respondent
Law: Constitution of Pakistan, 1973
Section: 25
Summary
The petitioner-department challenged the Federal Service Tribunal’s decision to regularize the respondent’s service retroactively from February 2017 with pay protection and seniority dating from that time. The respondent was initially engaged on an ad-hoc basis in 2013 and later appeared in a competitive NTS test in 2016, after which other similarly placed candidates were regularized in early 2017. The Tribunal found undue delay and discrimination in the petitioner’s failure to regularize the respondent alongside peers, granting seniority from February 2017 but excluding the ad-hoc period for pension or gratuity. The court upheld the Tribunal’s judgment, dismissing the petitioner’s challenge.
Core Points
- Respondent engaged on ad-hoc basis in 2013, excluded from pension, gratuity, provident fund, and seniority initially.
- Respondent qualified NTS test in November 2016 (68% marks) and sought regularization.
- Other candidates from the same NTS batch regularized by February 2017; respondent’s claim delayed until 2021.
- Tribunal regularized respondent from February 2017 with pay protection and seniority from that date.
- Petitioner failed to provide valid rule requiring 80% marks; lower marks candidates were regularized earlier.
- Delay in regularization violated Federal Government recruitment policy timelines and Article 25 (equality) of the Constitution.
- Ad-hoc service excluded for seniority and benefits, consistent with Estacode Serial No. 90, Chapter 3.
- Tribunal’s decision confirmed as lawful and reasoned; petition dismissed.
Law and Sections Referenced
| Law/Rule | Section/Source | Key Provision |
|---|---|---|
| Federal Government Recruitment Policy | Dated 22.10.2014; amended 21.09.17 | Recruitment process to be finalized within 60-90 days of advertisement |
| Estacode | Serial No. 7(5), Chapter 4 | Confirmation in service effective from permanent vacancy or continuous officiation, whichever later |
| Estacode | Serial No. 90, Chapter 3 | Ad-hoc service excluded for seniority and benefits when converted to regular appointment |
| Constitution of Pakistan | Article 25 | Equality before law and prohibition of discrimination |
| Case Law | Muhammad Sami Ullah Ghauri v. Sec. Establishment Division | Seniority counts from regular appointment date, not ad-hoc service period |
JUDGMENT