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Supreme Court of Pakistan Upholds FST’s Decision on Upgradation of Signal Maintainers in Pakistan Railways

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Supreme Court of Pakistan Upholds FST’s Decision on Upgradation of Signal Maintainers in Pakistan Railways

Islamabad 03-04-2025: The Supreme Court of Pakistan, in a recent ruling by Mr. Justice Muhammad Ali Mazhar, dismissed a Civil Petition challenging the Federal Service Tribunal’s (FST) order regarding the upgradation of Signal Maintainers (SMRs) in the Multan Division of Pakistan Railways. The Court refused to grant leave to appeal, thereby affirming the FST’s previous decision that directed the upgradation of the post of SMRs from BS-8 to BS-10 to ensure parity with their counterparts in the Rawalpindi Division.

The matter originated from a consolidated judgment dated October 14, 2015, wherein the FST ruled in favor of SMRs in Multan Division, directing their upgradation from BS-8 to BS-10 in line with the pay scale of SMRs in the Rawalpindi Division. The Pakistan Railways challenged this decision in the Supreme Court of Pakistan through [Civil Petitions No. 4055/2013] and 207 to 210 of 2016, which were dismissed on March 2, 2016, as the Court found no substantial question of public importance under Article 212(3) of the Constitution.

Following the Supreme Court of Pakistan dismissal, the SMRs in Multan filed Miscellaneous Petitions [M.Ps. No. 2184 to 2188/2016] for implementation of the FST’s judgment. In response, Pakistan Railways filed [M.P. No. 1893/2018] under Section 12(2) of the Code of Civil Procedure (CPC), 1908, arguing that the judgment was based on misrepresentation and fraud since SMRs in Rawalpindi Division were allegedly not working in BS-10. The FST dismissed this petition on November 29, 2021, leading Pakistan Railways to challenge the dismissal before the Supreme Court of Pakistan.

The learned counsel for the petitioners contended that there was no disparity in pay scales of SMRs across Pakistan and that the FST’s judgment was erroneous. He also highlighted a conflicting ruling in another case (Appeal No. 170 to 194(R)CS-2018), where the FST dismissed a similar claim by Rawalpindi Division SMRs.

The Supreme Court of Pakistan, after hearing arguments, held that the FST’s original judgment had attained finality as it had already been challenged and dismissed at all relevant forums. It observed that the doctrine of merger applied, meaning that the FST’s ruling had effectively become conclusive.

Moreover, the Court underscored that an application under Section 12(2), CPC, can only be entertained if fraud, misrepresentation, or lack of jurisdiction is clearly established. It found that the petitioners failed to specify any such grounds and instead relied on generalized allegations without substantiating claims of fraud or misrepresentation.

The Supreme Court of Pakistan emphasized that the FST has exclusive jurisdiction in matters relating to civil servants and that its judgments, once upheld by the Apex Court, cannot be reopened through frivolous applications. It further noted that procedural laws should not be misused to prolong litigation or delay implementation of legally binding decisions.

The Court also questioned the invocation of Order VII Rule 11, CPC, in this case, as it pertains to rejection of plaints, whereas the matter had already been decided on merits. The judgment clarified that procedural loopholes cannot be exploited to undermine the efficiency of the Service Tribunal system.

With this ruling, the Supreme Court of Pakistan has put an end to the prolonged litigation surrounding the upgradation of SMRs in Multan Division. By refusing to interfere in the FST’s decision, the Court has reinforced the principle that final judgments must be respected and implemented without undue delay. The dismissal of Pakistan Railways’ petition paves the way for the affected employees to receive the benefits that were granted to them by the Service Tribunal nearly a decade ago.