Law:

Section:

N.W.F.P. Constabulary Act, 1915-- ----Ss. 3, 3A, 5(1) & 6--Constabulary Rules, 1958--Term & conditions--Criteria of a civil servant--Power and functions of Federal Government--Having noticed the qualifying criteria of a civil servant under the law, it is appropriate now to examine the factual matrix of the present controversy--The FC was established by the NWFP Constabulary Act, (Act-XIII) of 1915 ("Constabulary Act")--Section 3 of the Constabulary Act empowers the Federal Government to maintain the FC as a force "for the better protection and administration of the external frontiers of Pakistan within the limits of or adjoining North-West Frontier or any part thereof." Section 3-A of the Constabulary Act authorises the Federal Government to employ the FC outside the limits of or adjoining the North-West Frontier Province in other parts of Pakistan for the better protection and administration of those parts--Section 5(1) of the Act ibid vests the Federal Government with power to appoint the Commandant and other persons including the District Constabulary Officers or Assistant Constabulary Officers of the force in one or more districts--Section 6 delegates to the Commandant and District Constabulary Officer the power to appoint subordinate officers in the manner prescribed by Rules made under the Act--The Federal Government exercised its power conferred by Section 21 of the Constabulary Act, to frame the NWFP Constabulary Rules, 1958("Constabulary Rules"), in order to provide the terms and conditions of service of the officers and men in the FC. Constitution of Pakistan, 1973-- ----Art. 240(a)--Civil Servant--Terms and Conditions--Employees of frontier constabulary--Appointment to and terms and conditions of service of posts in connection with affairs of Federation and of a service of Pakistan shall be determined "by or under an Act of" Parliament--Appeal Allowed. Constitution of Pakistan, 1973-- ----Art. 212 & 260--Civil Servants Act, 1973, S. 2(b)--Civil Servant--Services rendered by FC have direct nexus with affairs of federation--Jurisdiction--Question of--Competent remedy in respect of service disputes of FC--Validity--In a matter relating to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492