Supreme Court Orders Full Pay for Suspended Civil Servants

Are you a civil servant in Pakistan facing suspension? A significant ruling by the Supreme Court of Pakistan has reaffirmed your right to receive full salary and benefits during your suspension period. This judgment, in the case of Federal Board of Revenue vs. Irshad Hussain Qaisrani (Civil Petition No. 4753 of 2025), clarifies the legal and Islamic obligations of government departments toward their employees.

At BAK Chambers, our team of Barristers and Senior Supreme Court Advocates specialises in protecting the rights of professionals across Pakistan and Azad Jammu & Kashmir (AJK). If you are facing departmental inquiries or unjust withholding of pay, understanding this landmark decision is crucial.

The Case: FBR vs. Irshad Hussain Qaisrani

The controversy began when a Senior Clerk/Inspector, after 31 years of service, was declared unfit for service by a Medical Board. Following an inquiry, he was compulsorily retired, but his department, the Federal Board of Revenue (FBR), attempted to treat his suspension period as "extraordinary leave without pay" and sought to recover allowances already paid to him.

The Federal Service Tribunal (FST) modified this order, ruling that the employee was entitled to full salary and allowances under Fundamental Rule 53. The FBR challenged this in the Supreme Court, leading to a definitive ruling on civil servant rights.

Key Legal Findings: Suspension vs. Termination

The Supreme Court, led by Justice Shakeel Ahmad, addressed a core question: Is a suspended civil servant entitled to full salary and service benefits?.

The Court's findings were clear:

Suspension is Not Termination: Suspension is merely an interim measure that suspends the performance of duties while the contract of service remains intact.

Fundamental Rule 53(b): The Court highlighted that under this rule, a government servant under suspension is expressly entitled to the full amount of their salary and all other benefits provided under their contract.

Unjust Deprivation: Withholding salary without express legal authority is considered "unjust and oppressive".

The Islamic Perspective on Worker Rights

A unique aspect of this judgment is its heavy reliance on Islamic jurisprudence. The Court noted that Islam mandates the fulfillment of contracts and prohibits the exploitation of workers.

Quranic Mandate: The Court cited Surah Al-Ma'idah (5:1), "O you who believe, fulfil your contracts," and other verses forbidding the unlawful deprivation of earnings.

Prophetic Teaching: The judgment referenced the Hadith: "The labourer be paid his wages before his sweat dries," establishing a divine obligation for timely and full payment.

The Court concluded that imposing financial deprivation before a final finding of guilt amounts to "punishment without proof," which is repugnant to Islamic principles of justice.


Please find the full judgment here:

How BAK Chambers Can Help You

Navigating service laws and departmental appeals can be complex. BAK Chambers provides specialist legal services ensuring that your rights are protected whether you are in mainland Pakistan or AJK.

Our expert Barristers and Advocates can assist you in:

Service Tribunal Appeals: Representing you before the Federal or Provincial Service Tribunals to challenge unjust departmental orders.

Supreme Court Petitions: Handling high-stakes litigation to ensure legal precedents, like the one in FBR vs. Qaisrani, are applied to your case.

Employment & Commercial Disputes: Offering high-calibre counsel for civil and commercial legal matters.

Protect your rights and resolve your legal matters without borders. If your department is withholding your salary or you are facing a suspension inquiry, contact our team for a professional consultation tailored to your circumstances.

Contact BAK Chambers Today:

Call: +92 3390 221621

Email: admin@bakchambers.com