Pakistan’s Supreme Court bars retrospective restrictions on employee promotions — Dawn

Pakistan’s Supreme Court has directed the Prime Minister’s Office and a number of government departments to individually review the cases of employees who were denied time-scale promotions. The court ruled that policy changes cannot be applied retrospectively to the detriment of employees who have already met the established requirements.

As Dawn reports, a bench headed by Muhammad Ali Mazhar, also comprising Irfan Saadat Khan and Shahid Bilal Hassan, heard more than 23 civil petitions. They were filed, among others, by the Prime Minister’s Office, the Establishment Division, the Ministry of Finance, the Federal Public Service Commission and the Ministry of Maritime Affairs.

Dispute over office memorandums

The cases concerned the application of several office memorandums on such promotions. The first document setting out the criteria was issued on December 23, 2011; it was amended four years later, and further changes were made to the rules on March 31, 2021. In May 2025, a new memorandum announced the withdrawal of the 2015 document.

In its eight-page ruling, the court stressed that authorities must fully implement memorandums they have adopted that are favorable to employees. The benefits provided for by them must be granted to all employees who meet the established conditions and criteria.

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Review of cases within three months

The court noted that executive notifications and subordinate legislation generally operate prospectively rather than retrospectively. Therefore, memorandums that restrict already acquired rights or benefits cannot apply to the period before their adoption.

Additional Attorney General Barrister Umar Aslam agreed during the hearing that the relevant departments would reconsider each case individually. They must determine whether employees meet the criteria, including the requirement regarding length of service. If the requirements are met, they must be granted promotions.

The additional attorney general and officials present in court also assured the court that they would complete the review within three months and separately notify each respondent of a reasoned decision.