FEDERATION OF PAKISTAN through Secretary Finance, Islamabad vs MUHAMMAD ATIQ-UR-REHMAN S — 2025 SCMR 790 SUPREME-COURT

Case information

Citation: 2025 SCMR 790 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: FEDERATION OF PAKISTAN through Secretary Finance, Islamabad vs MUHAMMAD ATIQ-UR-REHMAN S
Subject matter: Service
Provisions referred to: S. 4---T

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

FEDERATION OF PAKISTAN through Secretary Finance, Islamabad VS MUHAMMAD ATIQ-UR-REHMAN S. 4---Terms and conditions of service---Pay package---Employments of two different creeds---Judgment per incuriam---Respondent/civil servant was employee of Pakistan Atomic Energy Commission (PAEC), an autonomous body, who switched his service through Federal Public Service Commission and was appointed as Assistant Director---Respondent/civil servant was aggrieved of disallowing the benefit of pay protection by government---Service Tribunal allowed his appeal on the foothold that when contract employees, who were also non-civil servants, could get their pay-protection vide Finance Division's O.M dated 31-05-2013, then it would be discriminatory not to allow benefit of pay-protection to other non-civil servants---Validity---There was no rationale to compare or equate two different creed of employees within the one and the same employment status/pattern to invoke or bring up equality clause or treating it discriminatory rather than considering grant of pay-protection strictly in accordance with applicable rules and policy---When any decision of Court or Tribunal was found in ignorance or lack of knowledge of a relevant statutory provision or a binding decision of Court of earlier provisions or decisions, it was called a decision per incuriam, i.e., the decision was made in unfamiliarity/ignorance or obliviousness of pertinent statues or precedents as done by Service Tribunal in the present case---Supreme Court set aside judgment passed by Service Tribunal resultantly appeal filed by respondent / civil servant was dismissed---Appeal was allowed.

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