Case Details

Citation(s)
1993 SLG 699 1993 SLD 699 1993 SCMR 1216
Supreme Court of Pakistan
Civil Appeals Nos, 292 and 293 of 1991, decision dated: 19-01-1993
MUHAMMAD AFZAL ZULLAH, C.J., SALEEM AKHTAR AND WALI MUHAMMAD KHAN, JJ

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Miss SARFRAZ KHURSHID and others

THE SECRETARY, POPULATION WELFARE DIVISION and 4 others3

Law: Service Tribunals Act, 1973

Section: 4

Law: Punjab Service Tribunals Act, (IX of 1974)

Section: 4

Law: Constitution of Pakistan, 1973

Section: 212(3)

Law: Transfer of Population Welfare Programme (Field activities) Ordinance, 1983

Section: 3,5,6,8,10

(a) Service Tribunals Act (LXX of 1973)--S.4---Punjab Service Tribunals Act (IX of 1974), S.4--- Constitution of Pakistan (1973), Art. 212 (3)---Jurisdiction---Civil servants, whether employees of Federal Government or Provincial Government---Leave to appeal was granted in view of the conflicting decisions of Federal Service Tribunal and Punjab Service Tribunal on the question of jurisdiction over civil servants and similar employees. (b) Population Welfare Planning Programme (Appointment and Termination of Service) Ordinance (XIV of 1981)--- ----S. 3---Transfer of Population Welfare Programme (Field Activities) Ordinance (XIX of 1983), S.4---Employees after obtaining clearance from Federal Public Service Commission attaining status of civil servants and appointed to Grade-17 post by notification issued by Population Division Government of Pakistan---Services of civil servants were transferred to the Province of Punjab' for speedy implementation of population welfare programme and exercising effective supervision and control on matters connected therewith or ancillary thereto---Provincial Government determining inter se seniority of such civil servants---Validity--Civil servants by mere transfer to Provincial Government would not cease to enjoy the status of civet servants of Federal Government--Civil servants being employees of Federal Government were although transferred to the Provincial Government, yet at no stage they were declared either by the Ordinance XIX of 1983 or otherwise that they had become the employees of the Provincial Government---Field activities of civil servants department were although transferred to respective Provincial Governments yet the entire control, finances and framing of rules were under the control of the Federal Government---Provincial Government, thus, could not determine inter se seniority of civil servants as Federal Government was empowered to determine such inter se seniority. (c) Transfer of Population Welfare Programme (Field Activities) Ordinance (XIX of 1983)--- ----Ss. 3, 5, 6, 8 & 10---Cumulative effect of Ss. 3, 5, 6, 8 & 10 of the Ordinance XIX of 1983, relating to field activities, specification thereof,…
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