SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, CIVIL SECRETARIAT, PESHAWAR vs INAYAT ULLAH — 2026 SCMR 558 SUPREME-COURT

Case information

Citation: 2026 SCMR 558 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, CIVIL SECRETARIAT, PESHAWAR vs INAYAT ULLAH
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

SECRETARY TO GOVERNMENT OF KHYBER PAKHTUNKHWA COMMUNICATION AND WORKS DEPARTMENT, CIVIL SECRETARIAT, PESHAWAR VS INAYAT ULLAH. Seniority or eligibility for promotion, matter of---Department giving prospective effect to the subsequently introduced amendment in promotion rules---Effect upon employees appointed prior to amendment---Legality---Correct interpretation of statute in such circumstances. Where an amendment adversely affects the accrued substantive rights, such as those pertaining to seniority or eligibility for promotion, it cannot be applied retrospectively to the employees appointed prior to amendment. The amendment introduced in the promotion rules could not operate retrospectively to deprive the respondents of their accrued rights and legitimate expectation arising from the rules which were applicable at the time of their appointment and when they became eligible for promotion. The rights of employees relating to seniority and eligibility for promotion are substantive rights and cannot be taken away through subsequent amendments unless the law expressly provides for retrospective operation. Accordingly, the department was required to consider the promotion cases of the respondents under the rules prevailing at the relevant time and could not apply the subsequently amended rules to their detriment.

Other judgments reported in 2026 SCMR

2026 SCMR 1063 SUPREME-COURTMUHAMMAD IMRAN VS ISHFAQ AHMED. Ss. 12 & 39---Suit for specific performance of agreement to sell---Agreement already cancelled by Court of c…
2026 SCMR 1056 SUPREME-COURTSALAMAT ALI VS State. S. 365-A---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7(e)---Qanun-e-Shahadat (10 of 1984), Art. 129(g)---Kidnapping…
2026 SCMR 36 SUPREME-COURTMUHAMMAD ASHRAF ANJUM VS SABIR HUSSAIN Ss. 12 & 22---Contract Act (IX of 1872), S. 55---Suit for specific performance of agreement to sell--…
2026 SCMR 1045 SUPREME-COURTPROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. Art.260---Service of Pakistan---Meaning…
2026 SCMR 1045 SUPREME-COURTPROVINCE OF PUNJAB through Secretary Punjab Emergency Service Department, Lahore VS MUHAMMAD KHALIL. S.4(2) [as amended by Punjab Emergency…
2026 SCMR 966 SUPREME-COURTGHULAM ALI VS ALI SHER. Art.185(3)---Appellate jurisdiction of Supreme Court---Concurrent findings---Interference. Concurrent findings canno…

Back to the case-law library · Search Pakistani case law in Urdu or English