WAPDA through Chairman, Punjab vs IFTIKHAR ALI — 2026 SCMR 1106 SUPREME-COURT

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WAPDA through Chairman, Punjab VS IFTIKHAR ALI. S.18---Fundamental Rules, F.R. 17---Service Tribunals Act (LXX of 1973), S.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 unamended Fundamental Rule 17---Retrospective effect of subsequent amendment---Petitioner/Pakistan Water and Power Development Authority assailed judgment rendered by Federal Service 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 allowances 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(I)/2022 did not operate retrospectively so as 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 Service Tribunal as there was no illegality, jurisdictional error, or misreading of law---Petition for leave to appeal was dismissed and leave to appeal was refused.

WAPDA through Chairman, Punjab vs IFTIKHAR ALI — 2026 SCMR 1106 SUPREME-COURT

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