SHAFIQUE AHMED vs PROVINCIAL POLICE OFFICER, KHYBER PAKHTUNKHWA — 2026 PLC(CS) 874 SUPREME-COURT

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SHAFIQUE AHMED VS PROVINCIAL POLICE OFFICER, KHYBER PAKHTUNKHWA. S. 17, Second proviso---Reinstating in service---Arrears of pay---Determination---Notion of 'fair go all round'---Applicability---Dispute was with regard to payment of back pay during the period when reinstated civil servants remained out of service---Held: Discretion to determine back pay is conferred upon the authority responsible for reinstating a civil servant into service---Granting of such arrears is not an automatic consequence rather a decision for which the authority possesses discretion, emphasizing equitable nature of such power---Legislation that bestows such discretionary powers lacks a clearly defined set of conditions, circumstances, and standards to guide the authority in exercising its powers---Decision-makers (the authority) in exercising their discretion when issuing reparation orders pertaining to back pay, particularly in cases involving annulment of dismissals, it is essential for them to emphasize that the fundamental principle anchoring such orders is the notion of 'fair go all round'---Such principle of fairness encompasses not only the notion of individual justice but also extends to institutional justice, reflecting a broader equity that considers the interests of both---Regarding appropriateness of awarding back pay in instances of wrongful dismissal, a fundamental principle emerges: such pay should, as a general rule, be granted to the civil servant who had been wrongly dismissed from his position---Such directive fundamentally aligns with overarching goal of restoring the civil servant to his original economic condition - a condition that would have been maintained had the wrongful action not occurred---In cases of wrongful dismissal from service, responsibility for injustice lies squarely with the authority, while repercussions are suffered by civil servant---Supreme Court held civil servant entitled to complete back pay and set aside judgment passed by Service Tribunal---Appeal was allowed.

SHAFIQUE AHMED vs PROVINCIAL POLICE OFFICER, KHYBER PAKHTUNKHWA — 2026 PLC(CS) 874 SUPREME-COURT

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