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Must read judgement.
2026 S CMR 1106
[Supreme Court of Pakistan]
Present: Yahya Afridi, CJ and Shahid Bilal Hassan, J
WAPDA through Chairman, Punjab and others ---Petitioners
Versus
IFTIKHAR ALI and others ---Respondents
Civil Petitions Nos. 5750 to 5784 of 2024, decided on 15th January, 2026.
68
K/s
(Against the judgment dated 11.09.2024 of the Federal Service Tribunal, Islamabad passed in Appeals Nos. 42(P)CS, 43(P)CS 71(P)CS, 49(P)CS, 48(P)CS, 57(P)CS, 36(P)CS, 54(P)CS, 77(P)CS, 76(P)CS, 55(P)CS, 75(P)CS, 73(P)CS, 79(P)CS, 84(P)CS, 50(P)CS, 78(P)CS, 44(P)CS, 70(P)CS, 91(P)CS, 52(P)CS, 53(P)CS, 74(P)CS, 72(P)CS, 81(P)CS, 56(P)CS, 51(P)CS, 58(P)CS, 47(P)CS, 47(P)CS, B3(P)CS, 45(P)CS 69(P)CS, 80(P)CS and 82(P)CS of 2022).
(a) Pakistan Water and Power Development Authority Act (XXXI of 1958)---
S.18-Fundamental Rules, F.R. 17-Service Tribunals Act (LXX of 1973), 5.4-Constitution of Pakistan, Art.212(3)-Office Memorandum No. AD(EIB)07012/24021980 dated 13-04-1987-Seniority---Service Tribunal---Jurisdiction-Arrears of pay and allowances---Pro forma promotion---Vested right under nder unamended Fundamental Rule 17-Retrospective effect of subsequent ent--Petitioner/Pakistan Wat Water and Power Development Authority assailed judgment rendered by Federal Service amendment---Petitioner/1 Tribunal, whereby service appeal filed by respondents/employees was allowed and arrears of pay and allowances on account of pro forma promotion were granted---Plea raised by petitioner/Authority was that, in view of Office Memorandum No. AD(EIB)07012/24021980 dated 13-04-1987, respondents were not entitled to arrears of pay and allowances-Validity-Office Memorandum No. AD(EIB) 07012/24021980 dated 13-04-1987, issued under Section 18 of the Pakistan Water and Power Development Authority Act, denying arrears of pay and and allowances on ces on retrospective pro forma promotion, could not override Fundamental Rule 17 as it stood prior to 20-05-2022 and governed entitlement of respondents--Omission of proviso to Rule 17(1) of the Fundamental Rules by virtue of S.R.O. No. 965(1)/2022 did not operate retrospectively so to extinguish claims that had already accrued, been asserted and entered adjudication prior to its issuance--Entitlement of respondents arose and crystallised under unamended Rule 17 of the Fundamental Rules---Subsequent amendment neither expressly nor by necessary implication divested such vested rights---Employees of petitioner/Authority were deemed civil servants for purposes of service adjudication and fell within the regulatory ambit of Rule 17 of the Fundamental Rules---In absence of any statutory exclusion, service rights of respondents, including entitlement to monetary benefits flowing from retrospective pro forma promotion, were required to be examined under the applicable federal service law-Federal Service Tribunal was fully competent to examine legal effect of Office Memorandum No. AD(EIB)07012/24021980 dated 13-04-1987, insofar as it bore upon adjudication of service dispute of respondents---In declining to give effect to an executive instruction found to be inconsistent with the governing statutory rule, and that too expressly only to the extent of respondents, Service Tribunal acted squarely within its jurisdiction and in accordance with settled principles of service jurisprudence-Supreme Court declined to interfere in judgment passed by by Service Tribunal as there was no illegality, jurisdictional error, misreading of law---Petition for leave to appeal was dismissed and leave to appeal was refused.
Maryam Younis v. Director of Education Cantt, GHQ PLD 1990 SC 666 and Aqila Asghar Ali v. Khalida Khatoon Malik PLD 1991 SC 1118 rel.
(b) Pakistan Water and Power Development Authority Act (XXXI of 1958)---
Ss. 18 & 29---Fundamental Rules, F.R. 17---Office Memorandum No. AD(EIB)07012/24021980 dated 13-04-1987-Issuance of instruments/directions/instructions---Administrative character---Statutory force, absence of---Instruments issued under Section 18 of the Pakistan Water and and Power Development Authority Act are administrative in character and do r and do not possess statutory force---Office Memorandum No. AD(EIB)07012/24021980 dated 13-04-1987, not having been framed under Section 29 of the Pakistan Water and Power Development Authority Act with the approval of the Federal Government, could not override, restrict or qualify rights flowing from a statutory service rule and must yield to Rule 17 of the Fundamental Rules.
Syed Hassan Ali Raza, Advocate Supreme Court for Petitioners (in all cases).
Nemo for Respondents (in all cases).