Case Details

Citation(s)
2026 SLG 1353 2026 SLD 1353 = 2026 SCP 49
Supreme Court of Pakistan
C.M.A.10365/2025 IN C.R.P.484/2025 (Permission to file and argue / Permission to file and argue) C.R.P.484/2025 IN C.P.L.A.687/2022 (Review against the judgment/order of this Court dated 05.12.2024)
Presented By: Justice Amin-ud-Din Khan Justice Muhammad Ali Mazhar Justice Syed Hasan Azhar Rizvi
Mr. Taimoor Aslam Khan, ASC Mr. Anis Muhammad Shahzad, AOR

Zia ur Rasheed Abbasi …..…Petitioner

VERSUS

Federation of Pakistan through Secretary Finance Division, Islamabad and others …Respondents

Law:

Section:

Tagline : (1) Judgment in rem is not only conclusive between the contesting parties but also as against the world (2) Clarificatory order due to wrong interpretation of the judgment of this Court against deputationists by the government departments. Summary The Supreme Court issued a clarificatory order in a Civil Miscellaneous Application and Review Petition related to C.P.L.A. 687/2022, emphasizing that its prior judgment does not apply to deputationists whose services are temporarily transferred on own pay scale (OPS) basis. It addressed the Finance Division's misinterpretation leading to adverse pay fixation for such employees, clarifying that the ruling targeted permanent switches from autonomous bodies to government service, not temporary deputations. Core Points The original judgment in C.P.L.A. 687/2022 set aside a Federal Service Tribunal decision granting pay protection to an ex-PAEC employee moving to a government post, deeming it per incuriam for ignoring statutory provisions, OMs like Finance Division's No.4(2)R-2/96 dated 12.08.2002, FR 22, and precedents such as Muhammad Azam Chaudhry vs. Federation of Pakistan (2016). Deputation involves temporary transfer for a limited period (e.g., three years here) via consensual notifications between lending (SECP) and borrowing (President's Secretariat) organizations, preserving the employee's lien in the parent department without permanent absorption. The judgment is in rem only as to the specific issues litigated (pay fixation on substantive appointment from autonomous bodies adopting government scales); it does not extend to deputationists, as conceded by the Additional AGP. No review was warranted, but clarification was issued in public interest to end miseries from Finance Division OM dated 20.08.2025 and AGPR pay slips, with directions to transmit the order to Finance Secretary. Laws and Rules Referenced Law/Rule/Precedent Description/Context FR 22 Regulates initial substantive pay fixation for government servants appointed to a time-scale post; not applicable to switches from autonomous bodies or deputations on OPS.  Finance Division O.M. No.4(2)R-2/96 dated 12.08.2002 Policy…
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