ISLAMABAD: Supreme Court (SC) has maintained that it is mandatory to give an opportunity of hearing to employees before changing their seniority even if the previous seniority has been fixed against rules.

The court made it clear in its written decision seniority is valuable right of employee and prospects of career and promotion of employee are linked to it. However seniority is not guarantee of automatic promotion but the promotion should be determined as per respective law and rules and regulations.

The court maintained that it is mandatory to hear the stance of the employee before affecting the seniority.

SC declared changing the seniority list of Sindh Police personnel without giving them the opportunity of hearing is against article 10-A of the constitution and norms of justice.

It was said in the decision that the important point of not giving the opportunity of hearing was overlooked by the previous bench due to which review petitions were again considered.

The SC while approving the review petitions withdrew its April 4, 2024 decision. The appeal pleas of Sindh police personnel were approved partly and the decision of service tribunal to the extent of the petitioners was declared null and void.

The court directed the department to give opportunity of hearing to the petitioners and other affected persons.

According to the written decision the department should issue decision based on reasons after hearing the stance of all affected persons. If objections are proved correct and change in seniority is found against the law then new seniority list be issued.

The court ordered to issue new list within two months of receipt of the decision.

The court further maintained November 18, 2020 seniority list will remain intact to the extent of respective petitioners till new decision.

Justice Muhammad Ali Mazhar authored this decision. Justice Musarrat Hilali and Justice Shahid Bilal Hassan were also included in this bench.