Case Details

Citation(s)
2026 SLG 2512 2026 SLD 2512 = 2026 PLC 510 = 2026 PLD 145
Supreme Court of Pakistan
Civil Petitions Nos. 3453-L of 2019 and 23-L of 2022, decided on 14th May, 2025.
Presented By: Syed Mansoor Ali Shah and Aqeel Ahmed Abbasi, JJ
       Khalid Masood Ghani, A.A.G., Punjab and Kashif Murtaza, Inspector (Legal) for
Respondents.        Assisted by: Umer A. Ranjha, Judicial Law Clerk, Supreme Court of Pakistan.

TAHIR KAZMI and another

VERSUS

INSPECTOR GENERAL OF POLICE, PUNJAB, LAHORE and others

Law: Punjab Civil Servants Act, 1974 

Section: 16

Law: Constitution of Pakistan

Section: 4, 10A, 14, 25

Law: Fundamental Rules, 1922

Section: 54

Law: Civil Service Rules,

Section: 73

           (Against the order dated 24.11.2021 and 13.09.2019 passed by the Punjab Service Tribunal, Lahore in Appeals Nos. 5717/2015 and 863 of 2019). (a) Civil service Back benefits, concept of---Meaning--- Back benefits , as discussed in present case, were confined to arrears of pay and other emoluments denied due to wrongful dismissal or removal.        Bryan A Garner (ed), Black's Law Dictionary (10th edn, Thomson Reuters 2014) 166; Ibid and Aguinaga v. United Food and Commercial Workers Int'l Union 993 F.2d 1463, 1473; Muhammad Sharif v. Inspector General of Police, Punjab 2021 SCMR 962 and Smith v. West 1999 US App Vet Claims LOXIS 475, 6 rel. (b) Civil service Reinstatement---Meaning and Scope.        Muhammad Sharif v. Inspector General of Police, Punjab 2021 SCMR 962; Chairman State Life v. Siddiq Akbar 2013 SCMR 752; Umer Said v. District Education Officer (Female) 2007 SCMR 296; Inspector General of Police, Punjab v. Tariq Mahmood 2015 SCMR 77; Muhammad Bashir v. Government of the Punjab 1994 SCMR 1801 and Pakistan v. Mrs. A.V. Issacs PLD 1970 SC 415 rel. (c) Civil service Period spent by the civil servant due to wrongful removal or dismissal from service---Regularization of intervening period by leave without pay or leave of kind due ---Purpose and meaning.        National Bank of Pakistan v. Zahoor Ahmed Mengal 2021 SCMR 144; NAB v. Muhammad Shafique 2020 SCMR 425; Federation of Pakistan v. Mamoon Ahmed Malik 2020 SCMR 1154 and Muhammad Sharif v. Inspector General of Police, Punjab 2021 SCMR 962 rel. (d) Punjab Civil Servants Act (VIII of 1974) S. 16, second proviso---Constitution of Pakistan, Arts. 4, 10A, 14 & 25---Fundamental Rules, R. 54---Civil Service Rules (Punjab), R. 7.3---Reinstatement in service after setting aside order of compulsory retirement, removal or dismissal from service---Back benefits, entitlement to---Scope and principles--- Doctrine of Constructive Continuity and Vanishing Dismissal ---Introduction and applicability in service jurisprudence---This is the first time such a doctrine is being…
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