FCC rules government employees’ seniority lists cannot remain secret

ISLAMABAD: The Federal Constitutional Court has ruled that seniority lists of government employees cannot be kept confidential and directed all government departments and corporations to publish and update such lists on their official websites.

In its decision, the court held that an illegal clause in an employment contract cannot override or terminate an employee’s legal rights. It further ordered that seniority lists across public institutions must be updated every year in January.

The court accepted the appeal filed by Pilot Captain Muhammad Ali Khan and declared the earlier decision of the Sindh High Court unlawful in the matter relating to his seniority.

The Constitutional Court also declared the disputed seniority list issued by Port Qasim Authority null and void and directed the authority to issue a revised and lawful list immediately.

According to the written judgment authored by Justice Syed Hassan Azhar Rizvi, employees often accept strict employment conditions due to fear of unemployment, and departments cannot use that compulsion to bypass legal requirements.

The court expressed concern over the Port Qasim Authority’s failure to issue a seniority list for seven years after employees were regularised. It ruled that all government and semi-government institutions must revise seniority records after new recruitment, promotions or regular appointments.

The judgment further observed that assigning seniority on a “first come, first served” basis in such circumstances goes against principles of fairness and public administration, adding that employees belonging to the same batch should be ranked according to merit list positions.