PROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore vs MUHAMMAD KHALIL — 2026 SCMR 1045 SUPREME-COURT

Case information

Citation: 2026 SCMR 1045 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: PROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore vs MUHAMMAD KHALIL
Subject matter: Service
Provisions referred to: S. 4; S. 2---P; S. 4---E; Punjab Civil Servants Act (VIII of 1974); Punjab Service Tribunals Act (IX of 1974); Punjab Civil Servants Act; Punjab Emergency Service Act

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

PROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. S.4(2) [as amended by Punjab Emergency Service (Amendment) Act, 2021]---Punjab Emergency Service Leave, Efficiency and Discipline Rules, 2007, R.12---Punjab Civil Servants Act (VIII of 1974), S.2---Punjab Service Tribunals Act (IX of 1974), S.4---Employees of Punjab Emergency Service---Public servants, not civil servants---Independent statutory service framework---Service Tribunal, jurisdiction of---Authorities were aggrieved by the order passed by Service Tribunal directing them to hold regular inquiry and decide the matter afresh---Validity---Employees of Emergency Service were not regulated by the Punjab Civil Servants Act, 1974 or any of the Rules made thereunder---An independent legal framework governed the terms and conditions of employment of employees of Emergency Service---Employees of Emergency Service were declared by the Punjab Emergency Service Act, 2006 as public servants and not civil servants---Such status did not change after the Punjab Emergency Service (Amendment) Act, 2021---Appointment and terms and conditions of employees in Emergency Service were regulated under a separate statutory framework and not under the Punjab Civil Servants Act, 1974 or Rules framed thereunder, therefore, employees of Emergency Service could not be treated as civil servants and did not fall within the jurisdiction of Service Tribunal---Service Tribunal did not accurately examine the question of jurisdiction in light of statutory framework governing Emergency Service and the settled principles laid down by Supreme Court---Supreme Court set aside the order passed by Service Tribunal as, in absence of such jurisdiction, the proceedings before Service Tribunal were without lawful basis---Appeal was allowed.

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