ISLAMABAD – Supreme Court has ruled that employees must be given an opportunity to be heard before changes are made to their seniority, even if the original seniority was determined in violation of applicable rules.
In its written judgment, the court observed that seniority is a valuable right linked to an employee’s career and promotion prospects. However, it clarified that seniority does not guarantee automatic promotion, which must be determined in accordance with the relevant laws and rules.
The ruling came in a case involving changes to the seniority list of Sindh Police personnel without providing the affected employees an opportunity to present their views. The court declared the action contrary to Article 10A of the Constitution and the principles of natural justice.
Allowing the review petitions, the Supreme Court recalled its earlier order dated April 4, 2024. It partially accepted the appeals filed by Sindh Police personnel and set aside the Service Tribunal’s decision to the extent of the relevant petitioners.
The court directed the department to provide the petitioners and other affected employees an opportunity to be heard before issuing a reasoned decision.
It further ruled that if the objections are found valid and the changes to seniority are determined to be unlawful, a revised seniority list must be issued within two months of receiving the judgment.
Until a fresh decision is made, the seniority list dated November 18, 2020, will remain in force for the relevant petitioners.
Justice Muhammad Ali Mazhar authored the written judgment. Justice Musarrat Hilali and Justice Shahid Bilal Hassan were also members of the bench.