FCC orders all departments to publish seniority lists every January on websites

The Federal Constitutional Court (FCC) has delivered a landmark ruling on the issue of seniority in public service, declaring that all government departments, autonomous bodies and public corporations must publish their seniority lists on their official websites.

According to a report aired by the 24NewsHD TV channel, the written judgement was issued by Justice Syed Hassan Azhar Rizvi on Friday.

In the ruling, the court stated that seniority lists of public employees could not be concealed and that all such records must be made publicly available online. The judgement further directed all government departments, autonomous institutions and corporations to update their seniority lists every January.

The court held that the seniority of employees recruited through the same advertisement and belonging to the same batch should be determined according to their position on the merit list rather than the date on which they joined service.

Justice Rizvi observed that the principle of “first come, first served” was inconsistent with a fair system of public administration. The court also ruled that any condition contained in an employment contract that conflicts with the law cannot deprive an employee of legally protected rights.

The judgement emphasised that access to information regarding seniority lists is a constitutional and fundamental right of both citizens and public employees. The court ordered that copies of the decision be sent immediately to the chief secretaries of all four provinces for implementation.

The court expressed serious concern over the failure of the Port Qasim Authority to issue a seniority list for seven years after the confirmation of employees.

It directed all government and semi-government institutions to revise seniority lists immediately after new recruitment, promotions or confirmations are made.

The ruling came while allowing an appeal filed by Captain Muhammad Ali Khan regarding his seniority. The court declared a previous decision of the Sindh High Court unlawful and set aside the disputed seniority list issued by the Port Qasim Authority.

The court further directed the authority to issue a new and accurate seniority list without delay.

According to the judgement, the Port Qasim Authority had treated the petitioner as junior despite his merit position because he joined service one day later than some other employees.

The court ruled that employees recruited through the same advertisement and selection process must have their seniority determined by merit ranking rather than joining date.

The judgement stated that departments cannot manipulate seniority by issuing joining letters at different times after receiving recommendations from a selection committee. It added that reducing an employee’s seniority on the basis of joining date violates the constitutional guarantee of equal treatment.

The court noted that employees are normally given seven days to assume charge of a position and that joining earlier or later within that period should not affect seniority. It also observed that job seekers often accept strict employment conditions due to fear of unemployment, and departments cannot exploit such circumstances to alter legal rights.

Reporter: Amanat Gishkori