Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. REUTERS
ISLAMABAD:
The Supreme Court of Pakistan has laid down key legal principles regarding reinstatement and back wages for police employees, ruling that annulment of a dismissal order does not automatically entitle an employee to full salary and benefits for the intervening period. Instead, the authority to grant or deny back wages rests with the competent authority, which must exercise this discretion fairly, reasonably, and transparently.
In a reporting-approved detailed judgment, a five-member bench headed by Justice Shahid Waheed issued a consolidated decision on multiple civil appeals and petitions involving employees of the Khyber Pakhtunkhwa Police. Other members of the bench included Justice Naeem Akhtar Afghan, Justice Malik Shahzad Ahmad Khan, Justice Aqeel Ahmed Abbasi, and Justice Shakeel Ahmed.
The central question before the court was whether an employee, after reinstatement following the annulment of a dismissal order, is automatically entitled to full back wages and benefits for the dismissal period.
The court ruled that under Section 17 of the Khyber Pakhtunkhwa Civil Servants Act, 1973, the grant of back wages is a discretionary power, but this discretion is neither absolute nor arbitrary. It must be exercised in line with Article 10-A of the Constitution, which guarantees the right to a fair trial, and the broader principle of a “culture of justification.”
The judgment emphasized that administrative powers should not be exercised solely on the basis of authority or power, but must be supported by sound reasoning, rational justification, and transparent grounds. The court clarified that the annulment of a dismissal and the approval of back wages are two distinct, though interrelated, matters.
The Supreme Court identified four possible grounds on which a dismissal may be set aside: procedural defects, technical grounds, disproportionality of punishment, and failure to prove allegations. It observed that if a dismissal is found to be substantively wrongful, the likelihood of full reinstatement with back wages is higher. However, where reinstatement results from technical or procedural shortcomings, the decision on back wages should be made in light of the specific circumstances of each case.
The court further ruled that an employee seeking back wages must demonstrate before the relevant forum that they remained unemployed or worked on lower wages during the dismissal period.
Conversely, if the government or relevant authority opposes payment of back wages, it bears the burden of proving, with credible evidence, that the employee was fully or comparably employed elsewhere during that time.
