The Supreme Court of Pakistan has ruled that suspension does not amount to removal, dismissal, or termination from service, and that a suspended employee is entitled to full salary and benefits during the suspension period.
The decision was issued by a two-judge bench comprising Justice Shahid Bilal Hassan and Justice Shakeel Ahmad. The court upheld an earlier order of the Federal Service Tribunal (FST) in favor of the civil servant, stating that contractual rights remain fully intact during suspension.
In a four-page judgment authored by Justice Shakeel Ahmad, the court clarified that suspension is only an interim measure that temporarily stops an employee from performing duties, while the service contract continues to exist.
“Consequently, the civil servant continues to hold the post, albeit without performing duties. All rights, including entitlement to full salary, remain enforceable during the suspension period,” the ruling stated.
The case involved a senior clerk/inspector of the FBR who, after more than 31 years of service, applied for retirement on medical grounds. A medical board declared him unfit for further service. Despite this, he was compulsorily retired on July 12, 2024, and his suspension period was treated as extraordinary leave without pay.
The department also sought to recover salary and allowances that had been paid during the suspension.
The employee appealed to the Federal Service Tribunal, which partly ruled in his favor. The FBR then challenged the tribunal’s decision in the Supreme Court.
The Supreme Court affirmed that a government-issued appointment constitutes a binding contract. It ruled that any unilateral withholding of salary without legal authority violates the terms of service.
The judgment cited Fundamental Rule 53(b), stating that depriving a suspended employee of full pay is unjust and oppressive. The court also referred to Islamic injunctions, including the Quran and Hadith, emphasizing the sanctity of lawful earnings, the fulfillment of contracts, and the prohibition of exploitation.
The court stated that financially punishing an employee before adjudication amounts to injustice and contradicts Islamic principles of justice.
In its final decision, the Supreme Court concluded that the Federal Service Tribunal was correct in holding that the suspended civil servant was entitled to full salary and benefits throughout the suspension period.
