Law: Constitution of Pakistan, 1973

Section: 212(1), 212(2),10A

Law: Civil Procedure Code, 1908

Section: VII ,11

Law: Federal Service Tribunals Act, (LXX of 1973)

Section: 4

Law: Civil Servants Act, 1973

Section: 2(1)(b)

(1) Decision “on the merits” means a judgment on substantial issues as binding decision under the doctrine of res judicata (2) If a Court/Tribunal lacks the jurisdiction, the finest option is to return the case (3) Any adjudication by a court or tribunal without jurisdiction is coram non judice and may prejudice right to a fair trial and due process. Summary The Federal Service Tribunal dismissed the petitioners’ service appeals as not maintainable after finding they were locally hired persons and not “civil servants,” but also extensively addressed the merits (fake appointment letters, ineligibility), which a higher court held improper because a tribunal lacking jurisdiction should decide only maintainability and ordinarily return the case under Order VII Rule 10 CPC rather than adjudicate merits; the higher court converted the petitions into appeals, set aside the impugned judgment, and remanded the matter to FST to first decide jurisdiction/maintainability (whether petitioners are civil servants or locally hired and whether that disqualifies them) before touching merits. Core points Petitioners appointed as Naib Qasid (April 2019); posted to Chilas April–May 2022. Inquiry (16.05.2023) alleged fake appointment letters; termination order dated 31.08.2023 with retrospective effect to 15.04.2019. Petitioners filed departmental appeals; no response within statutory time; they appealed to FST. FST held appeals not maintainable because petitioners were “locally hired” and not civil servants, and nevertheless discussed merits (found appointments forged and petitioners “ghost employees”). Higher court found FST erred by touching merits despite concluding lack of jurisdiction; explained that courts/tribunals lacking jurisdiction should confine themselves to maintainability and ideally return the plaint/appeal under Order VII Rule 10 CPC. A decision “on the merits” resolves substantive issues and is binding (res judicata); decisions not on merits are not preclusive. Adjudication on merits without jurisdiction is coram non judice, void, and may prejudice Article 10A rights to fair trial and due…