Dismissal questionable if absence later converted into leave; rules SC

The Supreme Court of Pakistan on Thursday ruled that if a government employee’s period of absence is subsequently converted into leave, dismissal on the same ground becomes legally questionable

ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 23rd Apr, 2026) The Supreme Court of Pakistan on Thursday ruled that if a government employee’s period of absence is subsequently converted into leave, dismissal on the same ground becomes legally questionable.

Expressing surprise over the federal government’s contradictory stance, the Court set aside the decision of the Federal Service Tribunal and remanded the case for fresh adjudication.

Justice Muhammad Ali Mazhar issued the written judgment in the case of Arsalan Ahmed, an employee of the Ministry of Commerce. The ruling noted that the government had taken inconsistent positions before different forums, making it difficult to determine which stance should be considered valid.

According to the case record, the petitioner was dismissed from service on the grounds of unauthorized absence. He contended that he was unable to resume duty in time due to his wife’s serious illness and flight suspensions during the COVID-19 pandemic, and that disciplinary proceedings were conducted ex parte.

The Court was also informed that, simultaneously with the dismissal, the period of absence had been converted into leave without pay. Counsel for the petitioner argued that once the absence had been regularized as leave, the basis for dismissal no longer remained.

On the other hand, the federal government initially maintained before the tribunal that the conversion of absence into leave was a mistake by a deputy secretary. However, before the Supreme Court, it was acknowledged that the step had been approved by the Secretary Commerce. The Court observed that the two positions were clearly contradictory.

In its judgment, the Supreme Court clarified that while the law permits retrospective conversion of absence into leave, maintaining a dismissal on the same ground after such regularization appears illogical.

The Court directed the Federal Service Tribunal to rehear the matter after hearing both parties and decide the case afresh within three months.