| Citation(s) |
|---|
| 2016 SLG 2425 2016 SLD 2425 2016 SCMR 1744 |
Supreme Court of Pakistan
Civil Appeals Nos. 6 and 724 of 2016, decided on 11th July, 2016. Date of hearing: 11th July, 2016. (On appeal from the judgment of the Federal Service Tribunal, Islamabad Dated 27-4-2015 passed in Appeal No. 842(R)CS of 2009 and Dated 10-6-2015 passed in
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE AND SH. AZMAT SAEED, JUSTICE
Nayyab Hassan Gardezi, Standing Counsel, Raja Abdul Ghafoor, Advocate-on-Record and Fayyaz Ahmed, AD (Legal) for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondents (in C.A. No. 6 of 2016). Mahmood A. Sheikh, Advocate-on-Record
Civil Appeals Nos. 6 and 724 of 2016, decided on 11th July, 2016. Date of hearing: 11th July, 2016. (On appeal from the judgment of the Federal Service Tribunal, Islamabad Dated 27-4-2015 passed in Appeal No. 842(R)CS of 2009 and Dated 10-6-2015 passed in
ANWAR ZAHEER, JAMALI, CHIEF, JUSTICE AND SH. AZMAT SAEED, JUSTICE
Nayyab Hassan Gardezi, Standing Counsel, Raja Abdul Ghafoor, Advocate-on-Record and Fayyaz Ahmed, AD (Legal) for Appellants. Hafiz S.A. Rehman, Senior Advocate Supreme Court for
Respondents (in C.A. No. 6 of 2016). Mahmood A. Sheikh, Advocate-on-Record
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF FOREIGN AFFAIRS, ISLAMABAD AND others
VS
ALI NASEEM AND OTHERS
Law:
Section:
Civil Servants Act (LXXI of 1973)--- ----S. 2(1)(b)(ii)---Service Tribunals Act (LXX of 1973), Ss. 2(a) & 4---Financial Management at Missions Abroad, Vol. II, Chapt. IX, Cl. 9.1---Persons locally employed by Pakistani Missions Abroad---Temporary/contract employment---Such persons may be holding a civil post in connection with the affairs of the Federation, but they were not employed on regular basis through the usual procedure as prescribed for the appointment of civil servants under the Civil Servants Act, 1973 and the Rules framed thereunder---Such persons were appointed locally by the Heads of the Missions of Pakistan abroad purportedly in exercise of the powers conferred upon them by the instructions contained in Financial Management at Missions Abroad---Such instructions only permitted appointment of local staff on contract basis---Hence persons locally employed by Pakistani Missions Abroad were appointed on contract basis and were not civil servants---Such persons were not entitled to invoke the jurisdiction of the Federal Service Tribunal. Respondents were locally employed by Pakistani Missions Abroad. Services of respondents were terminated. After rejection of departmental appeals filed by the respondents, both separately invoked the jurisdiction of the Federal Service Tribunal. Question was as to whether respondents were civil servants and hence could invoke jurisdiction of the Federal Service Tribunal. Respondents belonged to a specific category of employees of the Federation engaged and appointed locally in the Pakistani Missions abroad. Respondents may be holding a civil post in connection with the affairs of the Federation, but they were not employed on regular basis through the usual procedure as prescribed for the appointment of civil servants under the Civil Servants Act, 1973 and the Rules framed thereunder. They were not appointed through the Public Service Commission or the Selection Boards nor thereafter transferred to the Pakistani Diplomatic Missions. Such appointees were from a separate category of employees recruited locally by the Heads of the Missions functioning outside Pakistan. Instructions found in Financial Management at…
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