FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI vs ROOH UL AMIN — 2026 PLC(CS) 467 SUPREME-COURT

Case information

Citation: 2026 PLC(CS) 467 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: PLC
Parties: FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE, RAWALPINDI vs ROOH UL AMIN
Subject matter: Service

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, MINISTRY OF DEFENCE, RAWALPINDI VS ROOH UL AMIN. Ante-dated / proforma promotion---Successive supersessions on the basis of adverse remarks---Grant of promotion in the year 2020 after expunction of adverse remarks---Representation for proforma promotion filed by the respondent/employee before appellant-department was rejected, whereas, the appeal preferred before Federal Service Tribunal was accepted---Contention of the department was that respondent never challenged the DPC decision for 2015 to 2019 and as those orders of the supersession still subsist, he could not now claim ante-dated or proforma promotion---Validity---Once the adverse remarks were expunged by the Tribunal and that finding was upheld by the Supreme Court, they ceased to exist in the service record ab initio and in the eyes of law they were deemed never to have been recorded, thus, any supersession resting entirely on those remarks collapsed with them---Orders of supersession were derivative and consequential in nature; once their premise was extinguished, they stood denuded of all legal effect---Non-challenge to such supersession orders, therefore, carried no independent significance---One cannot be compelled to challenge a shadow of decision whose substratum has been judicially erased---Insistence that the respondent should have separately impugned those orders amounts to requiring a meaningless formality; an exercise in futility that the law does not demand---Leave to appeal was refused---Civil petition was dismissed, in circumstances.

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