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. Retrospective application of a statute---Scope---Circumstances---Retrospective application is permissible only if the parent statute, which confers the rule making power, contains an express provision to the effect. In absence of such explicit legislative sanction, applying amended provision of law retrospectively is legally untenable. The rules framed under delegated legislative authority cannot be given retrospective effect unless the parent statute itself authorizes such retrospective operation. The amended promotion rules, therefore, could not be applied retrospectively to the cases of employees who had already acquired rights or legitimate expectation under the earlier rules. The subsequent amendment in rules was prospective in nature and could not adversely affect the accrued rights of the respondents regarding their seniority and eligibility for promotion. Accordingly, the department was required to consider the promotion cases of the respondents under the rules applicable at the time when they became eligible for promotion.

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