| Citation(s) |
|---|
| 1994 SLD 1565= 1994 PLD 562 |
Supreme Court of Pakistan
Civil Appeals Nos. 670 & 683 of 1992, decided on 22nd March, 1994. (On appeal from the judgments dated 25-4-1992 and 31-5-1992 passed by Federal Service Tribunal at Karachi in Appeal No. 184(K)/88 and Appeal No. 124(K)/91 respectively).
Presented By: Present. Ajmal Mian, Sajjad Ali Shah and Saleem Akhtar, JJ
Fakhruddin G. Ebrahim, Attorney-General on Court Notice (in CA No. 670 of 1992). Appellant in person (in CA. No. 683 of 1992). Nemo for
Respondent (in CA. No. 683 of 1992)
Civil Appeals Nos. 670 & 683 of 1992, decided on 22nd March, 1994. (On appeal from the judgments dated 25-4-1992 and 31-5-1992 passed by Federal Service Tribunal at Karachi in Appeal No. 184(K)/88 and Appeal No. 124(K)/91 respectively).
Presented By: Present. Ajmal Mian, Sajjad Ali Shah and Saleem Akhtar, JJ
Fakhruddin G. Ebrahim, Attorney-General on Court Notice (in CA No. 670 of 1992). Appellant in person (in CA. No. 683 of 1992). Nemo for
Respondent (in CA. No. 683 of 1992)
Syed TARAB ARIF FATIMI---Appellant
VERSUS
PRESIDENT OF PAKISTAN and others---Respondents
Law:
Section: 7
Airports Security Force Act (LXXVII of 1975)--- ----S. 7-A(4) [as amended by Airports Security Force (Amendment) Ordinance (XXXV of 1984)]---Constitution of Pakistan (1973), Art. 212(3)---Leave to appeal was granted in view of the judgment of Supreme Court in the case of Faseehuddin v. Khawar Latif Butt and others 1993 SCMR 1 wherein it had been held that the officers and members of Airport Security Forces remained civil servants in spite of the amendments made to in the Airports Security Force Act, 1975 by Airports Security Force (Amendment) Act, 1984. [p. 563] A Faseehuddin v. Khawar Latif Butt and others 1993 SCMR 1 ref. Airports Security Force Act (LXXVII of 1975)--- ----S. 7-A (4) [as amended by Airports Security Force (Amendment) Ordinance (XXXV of 1984)]---Incorporation of subsection (4) in S.7-A of the, Airports Security Force Act, 1975 cannot operate retrospectively. [p. 563] B Appellant in person (in CA. No. 670 of 1992). Shahudul Haq, Advocate Supreme Court, AA. Siddiqi, Advocate-on Record for Respondents Nos, 7 and 8 (in CA. No. 670 of 1992). KA. Wehab, Advocate-on-Record for Respondent No. 5 (in CA. No. 670 of 1992). Nemo for Respondents Nos. 1 to 4, 6, 9 to 13 (in CA. No. 670 of ',1992) Fakhruddin G. Ebrahim, Attorney-General on Court Notice (in CA No. 670 of 1992). Appellant in person (in CA. No. 683 of 1992). Nemo for Respondent (in CA. No. 683 of 1992) Date of hearing: 22nd March 1994. JUDGMENT . AJMAL MIAN, J.---The above two Civil Appeals Nos. 670 and 683 of 1992 are with the leave of this Court against the judgments dated 25-4-1992 and 31-5-1992 passed by the learned Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeals Nos. 184(K)/1988 and 124(K)/1991 filed by the present two appellants in the above two appeals against the order of retirement and termination of service, dismissing the same on the ground that their above appeals were not competent before the Tribunal as they were not civil servants. Leave to appeal was granted in view of the judgment of this Court in the case of Faseehuddin v. Khawar Latif Butt and others 1993 SCMR 1, in which it has been .held that the officers and…