Law:

Section:

Pakistan Railways Police Act (VII of 1977)------S.5--Constitution of Pakistan (1973), Art.212(3)--Employee transferred from provincial cadre to Pakistan Railways Police, whether a Federal Government employee--Service Tribunal's finding, that such employee transferred from Provincial cadre served in Pakistan Railways as a deputationist, and was thus outside the pale of jurisdiction of Federal Service Tribunal; impugned in appeal-­View of Federal Service Tribunal that the person transferred to Pakistan Railways Police from Provincial cadre was a deputationist, being of first impression, deserved examination by Supreme Court as it was likely to affect a large number of cases--Leave granted. ORDER ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of Federal Service Tribunal, dated 20-11-1988 dismissing an appeal filed by petitioner on the ground that it was not maintainable for want of jurisdiction. By that appeal, petitioner had challenged the seniority of respondent 5 in service and even his appointment in Pakistan Railways Police. The Service Tribunal, however, held, that the petitioner yet remains an employee of the Provincial Government, and is not in the service of the Federal Government, and for that reason dismissed the appeal for want of jurisdiction. Admittedly petitioner joined the service of the Provincial Government of Punjab in 1958, and was transferred to the Railways Police in 1971, and his services were afterwards taken over by the Federal Government. In support of the plea that on transfer to the Federal Government petitioner became an employee of the Federal Government, reliance was placed on the provisions of the Pakistan Railways Police Act, 1977, particularly section 5 which reads as under: "5. Transfer of Provincial Railways Police and Railway Watch & Ward to the Pakistan Railways Police.--(I) Notwithstanding anything contained in any other law for the time being in force or any contract, agreement or any conditions of service-- (a) all persons holding any rank or post, not above the rank or post of Superintendent, in or under the Railway Police of any province, and (b) all persons holding any rank or post…

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