The Supreme Court has clarified that suspension does not equate to removal, dismissal, or termination from service. Employees under suspension remain entitled to full salary and benefits.
The ruling was issued by a two-judge bench comprising Justice Shahid Bilal Hassan and Justice Shakeel Ahmad. The court upheld an earlier decision of the Federal Service Tribunal (FST), which favored a senior civil servant. The judgment emphasized that contractual rights continue during suspension.
Justice Shakeel Ahmad, in a four-page judgment, explained that suspension is a temporary measure that prevents an employee from performing duties. The service contract, however, remains valid. The judgment stated, “The civil servant continues to hold the post, albeit without performing duties. All rights, including full salary, remain enforceable during the suspension period.”
The case involved a senior clerk/inspector of the Federal Board of Revenue (FBR) with over 31 years of service. He applied for retirement on medical grounds after being declared unfit. Despite this, he was compulsorily retired on July 12, 2024, and his suspension period was treated as extraordinary leave without pay.
The department sought to recover salary and allowances paid during suspension. The employee appealed to the FST, which partly ruled in his favor. The FBR challenged the decision in the Supreme Court.
The court emphasized that a government-issued appointment constitutes a binding contract. Unilateral withholding of salary violates the terms of service. The judgment cited Fundamental Rule 53(b), stating depriving a suspended employee of pay is unjust. It also referenced Islamic principles, including the Quran and Hadith, highlighting the sanctity of lawful earnings and the prohibition of exploitation.
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In its final verdict, the Supreme Court affirmed that suspended civil servants are entitled to full salary and benefits throughout the suspension period. The ruling reinforces employees’ contractual rights and ensures fair treatment during suspension.
