Case Details

Citation(s)
1995 SLG 1496 1995 SLD 1496 1995 PLC 834
Federal Service Tribunal, Islamabad
Appeal No. Old 29(K) of 1989 and New Appeal No. 43(R) of 1990, decided on 26th June, 1990.
SYED ALLY MADAD SHAH, CHAIRMAN AND RASHEED-UD-DIN ARSHAD, MEMBER

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Mrs. BILQUIS ISHAQ

VS

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Servants Act (LXXI of 1973), S. 11---Appeal---Termination of Services---Educational Institutions abroad---Educational Institutions established by the community or even by Ambassador of Country for benefit of Community living there were not Government institutions---Appellant not enjoying status of a civil servant while serving as a teacher in Pakistan Embassy School at Jeddah, held, could not seek relief from Service Tribunal for her re­instatement in service as matter did not fall within jurisdiction of the Tribunal. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Servants Act (LXXI of 1973), S. 11---Termination---Services of appellant were terminated after she had put in fifteen years services merely on ground that she did not possess requisite academic qualification prescribed under Rules made after her appointment---Action of authority terminating her services as such, held, was oppressive and needed intervention by concerned authorities. Shaikh Mushtaq Ali for Appellant. Hafiz S.A. Rahman for Respondents. Date of hearing: 10th June, 1990. JUDGMENT SPED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mrs. Bilqis Ishaq was serving in Pakistan Embassy School, Jeddah, since 16-4-1970 and her services were terminated with three months termination notice dated 7-10-1985 issued by the Principal of the school under the orders of the Ambassador. Her representation did not bear her any fruit. After long waiting under hopes, she preferred this appeal on 19-3-1989. 2. The respondents have resisted the appeal contending that the appellant was not a qualified teacher and her services were terminated in accordance with the rules. They have also taken the legal pleas that the appellant is not a civil servant as to invoke the jurisdiction of the Tribunal and that the appeal is time-barred as well. 3. The first and foremost question for consideration is the jurisdiction of the Tribunal as it has been contended by the respondents that the appellant was not a civil servant within the meaning of the term civil servant contained in the Service Tribunals Act, 1973. To resolve this issue, reference may be made to the…
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