Law:

Section:

Azad Jammu & Kashmir Service Tribunal Act, 1975- -- Ss. 2(b) & 8-Jurisdiction of Tribunal-Limited only on matters relating to terms and conditions of service of civil servants in service of Azad Jammu & Kashmir - Employees of WAPDA a semi­autonomous body under Federal Government of Pakistan-Neither "Civil servants" within meaning of S. 2(b) nor within jurisdiction of Tribunal. B. A. Farooqi for Appellant. ORDER Since the facts and the law points involved in both the appeals are identical, these appeals are being disposed of by this single order. 2. The respondents, who were Senior Clerks in the Mangla Dam Project, were promoted and later on confirmed as Accounts Assistants in the year, 1964 and 1965. Later on a circular order was issued on 12th August, 1971 to the effect that no senior clerk promoted as Accounts Assistant would be confirmed till he passed the Departmental examination. The respondents challenged this Circular Order as well orders dated 10-11-71 and 30-6-71 through a declaratory suit in the Court of Sub-Judge. Mirpur who decreed the suits in favour of the respondents. It is against this background that the present appeals have been lodged. 3. During the preliminary hearing the point that came up for considera­tion is as to whether an employee of Mangla Dam Organization located in Azad Kashmir could be deemed a 'Civil Servant' in terms of its definition contained in section 2 (b) of the Azad Jamma & Kashmir Service Tribunal Act, 1975 (hereinafter to be called as the Act). The term 'Civil Servant' has been defined in section 2 (b) of the Act as: (b) 'Civil Servant' means a Person who is or who has been a member of a civil service of the Azad Jammu & Kashmir in connection with the affairs of the Government or who holds or has held a civil post in connection with the affairs of the Government but does not include- (i) a person who is or who has been on deputation to the Azad Jammu & Kasmir from the Federation or any other province of Pakistan or authority; (ii) a person who is or has been employed on contract or on work­-charged basis, or who is or has been paid from contingencies; or (iii) a person who is or has been a…

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