Case Details

Citation(s)
2026 SLG 4346 = 2026 SLD 4346 = 2026 SCP
Supreme Court of Pakistan
Civil Petitions No.2354-L To 2370-L, 2403- L, 2404-L & 2405-L of 2025 Appeal against the judgment dated 15.07.2025 passed by the Punjab Service Tribunal, Lahore in Appeals No.2240, 2241,2242, 2243, 2244, 2245, 2246, 2247, 2248, 2249, 2250, 2251, 2252, 2253, 2254, 2255, 2256, 2257, 2258 & 2259/2022.
Presented By: Justice Yahya Afridi, CJ Justice Jamal Khan Mandokhail Justice Muhammad Ali Mazhar
Mr. Muhammad Qazi Chughtai, AOR along with Mr. Umar Hameed Khan, AHC (In all cases except CP.2367-L/2025)

The Secretary, Schools Education Department, Government of the Punjab, Lahore and another …Petitioners

VERSUS

Mst. Najma Parveen Mst. Asma Batool Mst. Samina Iqbal Mst. Nasreen Murtaza Mst. Sofia Noreen Mst. Farzana Makhdoom Mst. Shehla Yasmeen Mst. Rahat Parveen Mst. Rehana Jabeen Mst. Fahmida Nasreen Mst. Fozia Jabeen Mst. Suraiya Khatoon Mst. Asma Hayat Niazi Mst. Shazia Anwar Mst. Allia Tufail Mst. Noureen Akhtar Mst. Ghazala Mumtaz Mst. Sajida Kareem Mst. Nasira Hussain Mst. Ansa Jami (In CP.2354-L/ 25) (In CP.2355-L/ 25) (In CP.2356-L/ 25) (In CP.2357-L/ 25) (In CP.2358-L/ 25) (In CP.2359-L/ 25) (In CP.2360-L/ 25) (In CP.2361-L/ 25) (In CP.2362-L/ 25) (In CP.2363-L/ 25) (In CP.2364-L/ 25) (In CP.2365-L/ 25) (In CP.2366-L/ 25) (In CP.2367-L/ 25) (In CP.2368-L/ 25) (In CP.2369-L/ 25) (In CP.2370-L/ 25) (In CP.2403-L/ 25) (In CP.2404-L/ 25) (In CP.2405-L/ 25) ... Respondents

Law: Punjab Civil Services Pension Rules, 1963

Section: 1.5,1.10,2.1, 2.3,4.1,4.4

Law: Constitution of Pakistan, 1973

Section: 4, 9, 14

Law: Punjab Regularization of Service Act, 2018

Section:

 (1) Qualifying service for pension under Rule 1.5, 1.10 & 2.3 of Punjab Civil Services Pension Rules (2) The period of service on contract should not be discarded from the qualifying period of service for pension if the contractual employee is regularized (3) The purpose of pension is to provide old-age security and economic refuge as a constitutional right. Summary In this judgment, Muhammad Ali Mazhar, J. of the Supreme Court of Pakistan disposed of Civil Petitions (converted into appeals) challenging the Punjab Service Tribunal's consolidated judgment of 15.07.2025. The respondents were appointed on contract basis (through PPSC recommendation) to the post of Senior Headmistress/Deputy DEO (Women BS-18) on 12.02.2010 and later regularized with effect from 10.09.2011. The Tribunal had directed that the contractual period (12.02.2010 to 10.09.2011) be counted as qualifying service for seniority, pension, and pay fixation, with the initial appointment date reflected as 12.02.2010. The Supreme Court, applying purposive interpretation of CSR 371A together with Rule 2.3 of the Punjab Civil Services Pension Rules and relying on domestic and foreign precedent, held that continuous contractual service followed by regularization must count toward pensionary benefits. However, it partially allowed the petitions: the counting of contractual service for pension was maintained, but the reliefs of retrospective regularization, seniority, and past increments were set aside, as those would treat the respondents as civil servants from the date of initial engagement contrary to civil servant laws. Core Points Respondents were appointed on contract basis on 12.02.2010 on PPSC recommendation and regularized w.e.f. 10.09.2011. The Tribunal allowed their appeals, counting the contractual period for seniority, pension, and pay fixation and backdating the appointment to 12.02.2010. The Department argued regularization is effective "from immediate effect" under the Punjab Regularization of Service Act, 2018, and that the Tribunal's earlier ruling (Parveen Shad) had been set aside. The Court held that continuous contractual service followed by…
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