The Supreme Court has ruled that withholding salary during an employee’s dismissal is an unconstitutional act, ordering the reinstatement of dismissed employees along with full payment of outstanding dues.
In a detailed judgment, the court declared that an employee who is wrongfully dismissed is legally entitled to all back pay and benefits. The ruling was issued in cases involving dismissed police personnel from Khyber Pakhtunkhwa, whom the court ordered to be paid all outstanding dues within one month.
The Supreme Court accepted the appeals of the police officials and set aside the decision of the Khyber Pakhtunkhwa Service Tribunal, which had earlier denied payment of past salaries.
The court observed that Article 9 of the Constitution, which guarantees the right to life, also includes job security and protection of livelihood. It stressed that governance must be based on reasoned justification rather than arbitrary authority.
The judgment further stated that discretionary powers are a trust and cannot be exercised on personal likes or dislikes. Courts are bound to intervene in cases involving unfair, arbitrary or unreasonable decisions by authorities.
The Supreme Court ruled that it is sufficient for an employee to state that he remained unemployed following dismissal. The burden of proof lies with the department to establish misconduct, rather than forcing an employee to prove innocence.
The court also held that systemic failures or prolonged litigation cannot be used to punish poor employees, noting that delays in the justice system should not deprive workers of their lawful rights.