Govt depts: Maintaining updated seniority lists legal obligation: FCC

ISLAMABAD: The Federal Constitutional Court (FCC) on Friday ruled that the maintenance and disclosure of updated seniority lists in government departments are not matters of administrative discretion, but legal obligations stemming from the constitutional mandate of transparency.

A two-member bench, comprising Justice Syed Hasan Azhar Rizvi and Justice Muhammad Karim Khan Agha, heard the appeal against the Sindh High Court’s (SHC) judgment dated August 30, 2022.

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The FCC set aside the SHC verdict, holding that the inter se seniority of the appellant and the private respondents must be determined according to the order of merit assigned by the departmental selection committee, and not by their dates of joining service.

Consequently, the impugned seniority list issued by the Port Qasim Authority (PQA) – which had placed the appellant, Capt Muhammad Ali Khan, junior to Capt Syed Muhammad Irfan and Capt Shaikh Naeemuddin – has been quashed.

The bench directed PQA to issue a revised seniority list in line with the committee’s merit ranking.

The FCC also directed that a copy of the judgment be sent to all provincial chief secretaries and the secretary Establishment Division, with directions to ensure dissemination across all administrative departments to guarantee uniform compliance with the court’s directives.

The bench further mandated that appointing authorities in all government departments must prepare, maintain, and circulate seniority lists promptly after any recruitment, promotion, regularisation, or other change affecting seniority.

Additionally, the lists must be reviewed and updated annually in January, circulated to all concerned, and uploaded on official departmental websites for transparency.

In a 20-page judgment authored by Justice Rizvi, the bench observed that many government departments – including statutory bodies and government-controlled organisations – have failed to issue updated seniority lists at regular intervals or revise them promptly after promotions or fresh recruitment.

The judgment emphasised that timely preparation and dissemination of seniority lists is not a mere formality, but a critical element of fair and transparent service administration.

It ensures clarity in service structures, safeguards officers’ rights, and minimises arbitrariness and favouritism. Delays in maintaining seniority records undermine institutional efficiency and erode officers’ confidence in the system.

In the present case, the provisional seniority list was issued more than seven years after the appellant’s regularisation, a delay that often generates avoidable disputes during promotions and other administrative processes, leading to litigation and uncertainty.

The appellant, Capt Muhammad Ali Khan, and private respondents, Capt Syed Muhammad Irfan and Capt Shaikh Naeemuddin, were initially appointed on one-year contracts as pilot/ tug commanders at the PQA.

Following a written test and interview, the departmental selection committee assigned merit positions, the appellant was ranked 3rd, while the private respondents were ranked 4th and 5th.

However, due to the respondents joining one day before the appellant (October 9 vs. October 10, 2009), the PQA regularised their services after seven years and placed the respondents above the appellant in the seniority list.

The appellant challenged this in the SHC under Article 199, which dismissed his petition, prompting the present FCC appeal.

Copyright Business Recorder, 2026