Law: Constitution of Pakistan, 1973

Section: 188,240,260(1),240

(a) Constitution of Pakistan--- ----Art. 188---Review jurisdiction of the Supreme Court---Scope---Review jurisdiction of the Court operates in a limited area---Review does not succeed merely because a material error has crept into the disputed ---Instead, a review is only allowed when the material error alters the outcome of the case thereby rendering the disputed bad law. Mukhtar Mai v. Abdul Khaliq 2019 SCMR 1302 ref. (b) Constitution of Pakistan--- ----Arts. 240 260(1)---Civil Servants Act (LXXI of 1973), S. 2(1)(b)---Terms Service of Pakistan and Civil Servant---Said terms were not synonymous, in fact, the phrase service of Pakistan appeared to be of wider import---Although the terms civil service and service of Pakistan are not identical they do overlap in that the former is a sub-category of the latter. Registrar, Supreme Court of Pakistan v. Wali Muhammad 1997 SCMR 141 and Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602 ref. (c) Constitution of Pakistan--- ----Art. 260(1)---Term Service of Pakistan---Test for determining whether a person is in the service of Pakistan---Test whether a person is in the service of Pakistan is whether he is performing functions in connection with the affairs of the Federation---For an entity (where a person is employed) to qualify as being in the service of Pakistan, it must fulfill three criteria; first, it must exercise public or sovereign power in some form; second, the government must retain effective/substantial control over its functioning; and third its activities must be mainly financed by the government. Salahuddin v. Frontier Sugar Mills and Distillery Ltd. PLD 1975 SC 244 and Aitchison College v. Muhammad Zubair PLD 2002 SC 326 ref. (d) Constitution of Pakistan--- ----Art. 240---Appointments to service of Pakistan---Principles of merit, non-discrimination, transparency and fairness---Article 240 of the Constitution is simply the bedrock on which appointments to the service of Pakistan are to be made; it is then the responsibility of the appointing authorities to ensure that appointments are made strictly in accordance with the relevant laws (including the applicable rules and regulations) that…

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