ISLAMABAD (HRNW)- The Supreme Court of Pakistan has established a significant legal principle regarding the service structure of police employees, ruling that seniority must be calculated from the employee’s initial date of appointment. The apex court clarified that seniority is not merely a numerical rank but a fundamental right upon which an employee’s entire career and promotion prospects depend.
Case Background:
The ruling came following a series of petitions filed by Assistant Sub-Inspectors (ASIs) of the Sindh Police. The police department had altered the seniority lists of these employees without issuing show-cause notices, withdrawing seniority previously granted based on their initial appointment dates. While the Sindh Service Tribunal had ruled in favor of the employees, the government had challenged that decision in the Supreme Court.
Key Legal Principles Established:
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Police Rules 1934: The court held that under the Police Rules of 1934, the determination of seniority primarily rests on the initial date of appointment. However, it noted that according to the rules, promoted officers maintain an edge over direct recruits.
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Right to Fair Trial (Article 10-A): The judgment emphasized that any change in seniority requires the issuance of a show-cause notice and a fair hearing. Proceeding without giving an employee the chance to explain is a direct violation of the constitutional right to a fair trial.
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Reinstatement Status: The Supreme Court clarified that if an employee is reinstated into service, their seniority must be restored from the original date of appointment and cannot be treated as a “new appointment.”
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Due Process: The court remarked that any departmental order issued without following due process is legally void, and all subsequent actions based on such an order will be considered unlawful.
Dismissing the government’s appeals, the Supreme Court upheld the Sindh Service Tribunal’s decision and ordered that the employees be granted seniority from their original dates of appointment. Legal experts view this decision as a milestone in protecting the rights of civil servants and ensuring transparency within the police service structure.
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