Rejects provincial government’s appeal against service tribunal decision and declares seniority prior to 2019 as legal
The Supreme Court of Pakistan has dismissed an appeal by the Sindh government and declared that the seniority of Sindh police officers before 2019 is legal.
A three-judge bench headed by Justice Muhammad Ali Mazhar dismissed appeals challenging the Sindh Service Tribunal’s decision and upheld restoration of seniority, declaring it a constitutional right that cannot be ignored.
The court clarified that reinstatement of seniority prior to 2019 is legal and all appeals filed by the Sindh government are dismissed. According to the judgement, the affected officers will now be eligible for timely promotion as seniority is a fundamental aspect of the service structure.
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The case concerned assistant sub-inspectors recruited in 1990 who were politically dismissed from service in 1991. The Supreme Court noted that in 1994, the then IG of Sindh had reinstated the officers based on their original date of appointment.
The judgment highlighted that although no financial benefits were provided at the time of reinstatement, the officers’ original seniority was restored. However, in 2019, their seniority dates were changed without issuing show cause notices, which the court found to be illegal.
The Sindh government had requested that the officers’ seniority be linked to appointments in 1991 and 1992 rather than 1990. The Sindh Service Tribunal had declared the 2019 seniority list illegal and ordered restoration of 1990 dates, a decision the Supreme Court has now upheld.
