The Supreme Court has ruled that the period served as a contract employee cannot be counted towards seniority or promotion in government service.
In a significant judgment, the court held that only regular appointments determine an employee's seniority, while dismissing appeals seeking to include contract and previous government service for promotion purposes.
Apex court clarifies seniority rules
The Supreme Court laid down an important legal principle regarding the promotion and seniority of contract employees.
According to the detailed verdict, seniority and eligibility for promotion will be determined only from the date an employee is permanently appointed. Any period spent on contract will not be included.
The ruling was issued by a three-member bench, with the detailed judgment authored by Justice Muhammad Ali Mazhar.
The court observed that contract employees do not fall within the definition of civil servants under the Civil Servants Act.
It ruled that treating contract service as regular service would be contrary to both the law and the spirit of the Civil Servants Act.
The judgment further stated that contract employment is based on specific terms and a fixed duration, making it legally distinct from regular government service.
Past benefits do not create legal rights
The Supreme Court also ruled that an employee cannot claim a legal right simply because another individual may have received an incorrect benefit in the past.
The judgment stated that an unlawful or mistaken benefit granted previously cannot become a legal precedent for others seeking similar relief.
The court noted that contract, ad hoc and acting-charge appointments each have separate legal status and cannot be treated as equivalent.
It said contract employment cannot be merged with regular service for the purpose of determining seniority or promotions.
The Supreme Court upheld the Sindh Service Tribunal's decision, describing it as legally sound.
It dismissed both appeals seeking to count contract service and previous government employment towards promotion and seniority.
The court clarified, however, that previous permanent service in a federal institution may still be considered for certain financial benefits, but not for calculating seniority or promotion.
