Service matters in universities and public institutions are rarely straightforward. What appears on paper as a simple administrative decision often has deeper legal implications, especially when it affects a person’s career, reputation, or livelihood.
Over the years, these disputes have become more frequent in Khyber Pakhtunkhwa and Islamabad. Issues relating to salary, regularisation, promotion, disciplinary proceedings, and contractual employment now regularly come before the courts.
Saifullah Muhib Kakakhel
Advocate Supreme Court of Pakistan, practicing in Peshawar and Islamabad, has extensive experience in handling such matters before the High Court and other forums. His practice includes representation of both individual employees and institutions, which provides a balanced and practical understanding of how these disputes arise and how they are resolved.
He has conducted hundreds of service and employment cases, particularly involving universities and public sector organisations.
- Compassionate Legal Guidance
Experience in University Litigation
University cases require a different approach. Each institution operates under its own statutes and internal framework, even where the broader law is the same.
Matters have been handled involving institutions such as:
In addition to representing individuals, representation has also been provided to academic bodies and associations, including the Peshawar University Teachers Association (PUTA) and other groups.
In one such matter, faculty members were facing disciplinary consequences arising out of collective action within the university. The case required careful handling, balancing institutional concerns with individual rights. Proceedings resulted in protection of faculty members from penalties, allowing them to continue their service without adverse consequences.
This type of work requires not only knowledge of law, but also an understanding of how university systems function in practice.
Nature of Issues Handled
Service litigation in universities and government departments covers a wide range of issues. Some of the more common matters include:
Salary and Financial Issues
In recent years, employees in several universities have faced delays in salaries and pensions. These cases often involve questions of responsibility between the institution and the government, particularly where funding is involved.
Contract Employment and Regularisation
A large number of employees continue on contract for years without clarity regarding their future. Disputes arise when contracts are not renewed or when similarly placed employees are treated differently.
Promotion and Seniority
Issues relating to supersession, incorrect seniority, or inconsistent application of promotion criteria are frequently brought before the court.
Disciplinary Proceedings
Show cause notices, inquiries, and penalties often give rise to litigation, particularly where the process appears unfair or incomplete.
Termination and Non-Renewal
Many cases involve sudden termination or non-renewal of service, especially in contractual or project-based positions.
Approach to Service Cases
Every service matter is different. There is no single formula that applies to all cases.
The approach is always to first understand:
- what decision has been taken
- how it was taken
- and whether it can legally be questioned
In many cases, the outcome depends less on the allegation itself and more on whether the procedure was properly followed.
Courts generally do not interfere in administrative matters unless there is a clear issue of illegality, unfairness, or lack of due process. Identifying that point is often the most important part of the case
Role of Higher Education Department
In university matters, issues are sometimes not confined to the institution itself. The Higher Education, Archives & Libraries Department, Khyber Pakhtunkhwa may also be involved, particularly in matters relating to funding, policy, and administrative control.
In cases involving salary stoppage or broader governance issues, the matter may extend beyond the university and require addressing the role of the government as well.
Practice in Peshawar and Islamabad
Service matters are handled regularly in Peshawar and Islamabad, depending on the nature of the institution and the applicable law.
While the structure of universities in Islamabad may differ due to federal legislation and HEC regulations, the nature of disputes remains largely the same. Experience across both jurisdictions allows for a more flexible and informed approach.
A Practical View
Not every difficult situation leads to a successful legal case. Some decisions are lawful even if they seem harsh. At the same time, many decisions that appear routine may not stand up to legal scrutiny.
The key is to properly assess the situation at the outset, rather than proceeding on assumptions.
Consultation
If you are dealing with a matter relating to:
- University employment
- Salary or pension issues
- Promotion or seniority
- Disciplinary proceedings
- Termination or contractual disputes
It is advisable to seek legal advice early, before the situation becomes more complicated.
Frequently Asked Questions (FAQs)
Do I have a case if my university is not paying my salary?
If salary is delayed for a short period, it may be an administrative issue. But if it continues for months, or becomes a pattern, it can raise a legal question. Each case depends on the reason for non-payment and the role of the university and government in it.
I have been working on contract for many years. Can I claim regularisation?
There is no automatic right to regularisation simply because someone has worked for a long time. However, if there is a policy, or if similarly placed employees have been regularised, the matter can be examined. The facts of each case are important.
My contract was not renewed without any reason. Can I challenge it?
In some situations, yes. Especially where the decision appears arbitrary or inconsistent with past practice. But not every non-renewal is illegal. It depends on how the decision was taken.
My junior has been promoted ahead of me. What can I do?
Promotion matters are sensitive. Courts do not usually compare candidates directly, but they do look at whether the process was fair and whether rules were properly followed.
I received a show cause notice from my university. Should I go to court immediately?
Not always. In most cases, it is important to respond to the notice first. Legal action is usually considered if the process becomes unfair or if an adverse order is passed.
I was not given a fair opportunity in an inquiry. Can this be challenged?
Yes, if the inquiry was conducted without proper hearing, or if relevant material was not shared, it can become a legal issue. The fairness of the process is very important.
Can the university terminate my service without giving me a hearing?
Generally, termination without due process can be challenged. However, the nature of your employment (contract, permanent, project-based) also matters.
Who is responsible if the university says it has no funds to pay salary?
In some cases, the issue involves both the university and the government, particularly the Higher Education Department. Responsibility is determined based on the facts and structure of the institution
Should I go to the Service Tribunal or the High Court?
This depends on the nature of your employment and the issue involved. Some matters fall within the jurisdiction of the Tribunal, while others can be taken directly to the High Court.
How quickly should I take action in a service matter?
As early as possible. Delay can affect your case, especially in matters like promotion, termination, or disciplinary proceedings.
Do all service cases succeed?
No. Some cases are legally strong, others are not. The outcome depends on facts, documents, and how the case is presented.
Can you handle cases in both Peshawar and Islamabad?
Yes. Saifullah Muhib Kakakhel, Advocate Supreme Court of Pakistan, regularly handles service and employment matters in both Peshawar and Islamabad, depending on the nature of the case.