Law: Constitution of Pakistan, 1973

Section: 18,25,27,240,260

Law: Civil Servants Act, 1973

Section: 2(b),5

Summary

The petitioners, employees of the Quaid-e-Azam Mazar Management Board (QMMB), sought recognition as civil servants and entitlement to pension benefits, alleging discrimination compared to employees of the Quaid-e-Azam Academy (QAA), who are treated as civil servants. The court examined the legal basis for their claims, referencing relevant constitutional provisions, the Civil Servants Act 1973, and various Supreme Court judgments. It concluded that QMMB employees' terms and conditions are not governed by the Civil Servants Act 1973 or rules framed thereunder, as their appointments are made under a different statutory regime. The court disposed of the petitions, directing the respondents to reconsider their decision within three months to avoid discrimination between QMMB and QAA employees1.

Core Points

QMMB employees claim discrimination for not being treated as civil servants, unlike QAA employees.

QMMB is a statutory body established by an Act of Parliament; QAA was created by a parliamentary resolution.