Law:

Section:

Frontier Corps Ordinance, 1959 --.-- --.-- S. 7 --.-- Civil Servants Act, (LXXI of 1973), S. 2(b) --.-- Service Tribunal Act, (LXX of 1973), S. 2-A --.-- Review petition --.-- Objection of jurisdiction --.-- Member of military force like frontier corps --.-- No controversy about jurisdiction of tribunal --.-- Members of frontier corps were governed under Frontier Corps Ordinance, 1959 and for limited purpose, status of civil servant was given to them so that they might have remedy for their grievances in service tribunal --.-- Members of Frontier Corps were performing their duties alongwith Pakistan Army in that area --.-- No such order has been placed before tribunal --.-- Jurisdiction of tribunal is not ousted in the matter and the proceedings, in all cases, will be under-taken in accordance with law. THIS ORDER PASSED BY: ISHTIAQ AHMED, MEMBER:---.--- The captioned appeals and review petitions are being taken to adjudicate upon the objection of jurisdiction which has been raised by the respondents of the main appeal i.e. Frontier Corps. 2. The learned counsel for the respondents/ Frontier Corps argues that the organization is being governed/regulated under Frontier Corps Ordinance, 1959. It has its own statutory rules, therefore, in view of the law laid down by the Hon'ble Supreme Court in famous Mubeen us Salam's case the member of the Frontier Corps cannot be rated as civil servants. The Hon'ble Supreme Court explicitly held that members of any statutory organization having its own statutory rules cannot be treated as civil servant. They have to seek their remedies under Article 199 of the Constitution. Reliance has been placed on 2013 SCMR 1707 and 2015 SCMR 1040. Learned counsel has also pointed out Section 26 which empowered Central Government to make the rules, by notifying the same in the Gazettle. 3. Learned counsel, namely M/s. Waseemuddin Khattak and Waheed Iftikhar, while articulating their arguments have also pressed into service Sections 2(b) and 5(c) of the Army Act. It is submitted that the member of para military force like Frontier Corps are working in aid of the Pakistan Army and, therefore, the provisions of Army Act are applicable in…

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