| Citation(s) |
|---|
| 2026 SLG 951 2026 SLD 951 = 2026 SCMR 278 = 2026 PLC 404 |
Supreme Appellate Court, Pakistan
Civil Appeals Nos. 53-K to 58-K of 2024, decided on 3rd September, 2025. (Against order dated 2.06.2022 passed by Sindh Service Tribunal, Karachi in Appeals Nos. 736, 737 and 738 of 2019).
Presented By: Muhammad Ali Mazhar, Athar Minallah and Salahuddin Panhwar, JJ
Kafeel Ahmed Abbasi, Additional Advocate General and Mushtaq Abbasi, AIG (Legal) for Appellants (in C.As. Nos. 53-K to 55-K of 2024). Imtiaz Solangi, Advocate High Court for Appellants (with permission of Court) (in C.As. Nos. 56-K of 2024 to 58-K of 2024). Syed Ghulam Shabbir Shah, Advocate Supreme Court, for
Respondents (in all cases). Date of hearing: 3rd September, 2025.
Civil Appeals Nos. 53-K to 58-K of 2024, decided on 3rd September, 2025. (Against order dated 2.06.2022 passed by Sindh Service Tribunal, Karachi in Appeals Nos. 736, 737 and 738 of 2019).
Presented By: Muhammad Ali Mazhar, Athar Minallah and Salahuddin Panhwar, JJ
Kafeel Ahmed Abbasi, Additional Advocate General and Mushtaq Abbasi, AIG (Legal) for Appellants (in C.As. Nos. 53-K to 55-K of 2024). Imtiaz Solangi, Advocate High Court for Appellants (with permission of Court) (in C.As. Nos. 56-K of 2024 to 58-K of 2024). Syed Ghulam Shabbir Shah, Advocate Supreme Court, for
Respondents (in all cases). Date of hearing: 3rd September, 2025.
The PROVINCE OF SINDH through Chief Secretary Government of Sindh and others ---Petitioners
VERSUS
RAJ KUMAR LOHANA and others ---Respondents
Law: Police Rules, 1934
Section: Rr. 12.2(3), 12.24
Law: Constitution of Pakistan, 1973
Section: 10A
Law: Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975
Section: 11
(a) Police Rules, 1934--- ----Rr. 12.2(3) & 12.24---Constitution of Pakistan, Art.10-A---Police service--Withdrawal of initial appointment---Reinstatement/re-appointment---Dispute qua fixation of inter-se seniority of Assistant Sub-Inspectors---Order of reckoning of seniority from the date of initial appointment subsequently withdrawn by the authority without issuing show cause notice---Principle of natural justice---Fair trial, violation of---Service appeals of the ASIs qua claim of reckoning of seniority from the date of initial appointment were allowed by the Sindh Service Tribunal (SST)---Validity---As per R.12.2(3) of the Police Rules, 1934 (Rules) the seniority in the case of upper subordinates is reckoned in the first instance from the date of first appointment; officers promoted from a lower rank are considered senior to persons appointed direct on the same date and the seniority of officers appointed direct on the same date is reckoned according to age, however, the seniority is finally settled by dates of confirmation, whereas the inter se seniority of several officers confirmed on the same date being that allotted to them on first appointment---While the seniority of lower subordinates is reckoned from dates of appointment, subject to the conditions of R.12.24 of the Rules and provided that a promoted officer shall rank senior to an officer appointed direct to the same rank on the same date---While determining the issue of seniority, predominance should have been given to the statutory provisionsthat are in vogue including the provisions set out for the alleviation of grievances vis- -vis the determination of seniority---Expression "seniority", in the labour and service laws, exemplifies the precedence or preference in the standing of an employee over other similarly placed employees with the philosophy that if service of an employee is lengthier or on top of one another employee, then he is designated senior to the other---Since seniority bequeaths a valuable right and the whole future career and prospects of an employee time and again hinge on such seniority, therefore, its determination must be in accordance with relevant laws and…