Earlier-selected employee ranks senior to later-selected one, govt should not litigate seniority disputes as an unagree

ISLAMABAD, (APP - UrduPoint / Pakistan Point News - 29th Jun, 2026) The Supreme Court has ruled that inter seniority of government employees must be determined strictly in accordance with the law and applicable service rules, holding that the government may challenge a service tribunal's decision only where it involves an erroneous interpretation of the law or a question of jurisdiction. It observed that the government cannot claim to be an aggrieved party in a mere seniority dispute between employees.

According to the detailed judgment, a three-member bench comprising Justice Muhammad Ali Mazhar, Justice Aqeel Ahmed Abbasi and Justice Muhammad Shafi Siddiqui dismissed 18 civil petitions filed by the Government of Sindh and upheld the Sindh Service Tribunal's judgment dated June 2, 2025.

The Court held that under Rule 11(a) of the Sindh Civil Servants (Probation, Confirmation and Seniority) Rules, 1975, an employee selected through an earlier selection process ranks senior to one selected through a subsequent process. It ruled that this principle cannot be ignored while preparing a combined seniority list.

The judgment noted that the Sindh College education Department advertised vacancies for lecturers in 23 different subjects in 2012. However, the Sindh Public Service Commission forwarded recommendations for candidates in different subjects at different times. Some lecturers later challenged the seniority list before the Sindh Service Tribunal after their original selection dates were not taken into account, and the tribunal decided the matter in their favour.

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The Supreme Court observed that while the department had correctly determined the seniority of English lecturers on the basis of their earlier selection, it failed to apply the same legal principle to lecturers of other subjects, amounting to discriminatory treatment and a violation of the applicable rules.

The Court further observed that where an employee does not challenge a tribunal's decision, the government, acting as a fair and impartial employer, should implement the judgment rather than prolong litigation by assuming the role of a rival employee.

The judgment held that the principle of "No Aggrieved Person, No Appeal" squarely applied to the case, as only a person whose legal rights have been adversely affected is entitled to invoke the Court's jurisdiction. It found that the Government of Sindh was not an aggrieved party in the seniority dispute and had failed to raise any question of law or jurisdiction warranting interference with the tribunal's decision.

Finding no legal infirmity, procedural irregularity or violation of law in the Sindh Service Tribunal's judgment, the Supreme Court dismissed all 18 civil petitions filed by the Government of Sindh.