| Citation(s) |
|---|
| 1994 SLG 417 1994 SLD 417 1994 PLD 562 |
Supreme Court of Pakistan
Civil Appeals Nos. 670 & 683 of 1992, decision dated: 22-03-1994. (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)
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
Shahudul Haq, Advocate Supreme Court, AA. Siddiqi, Advocate-on-Record Nos, 7 and 8 (in CA. No. 670 of 1992). KA. Wehab, Advocate-on-Record No. 5 (in CA. No. 670 of 1992). Nemo Nos. 1 to 4, 6, 9 to 13 (in CA. No. 670 of ,1992) Nemo (in CA. No. 683 of 19
Civil Appeals Nos. 670 & 683 of 1992, decision dated: 22-03-1994. (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)
AJMAL MIAN, SAJJAD ALI SHAH AND SALEEM AKHTAR, JJ
Shahudul Haq, Advocate Supreme Court, AA. Siddiqi, Advocate-on-Record Nos, 7 and 8 (in CA. No. 670 of 1992). KA. Wehab, Advocate-on-Record No. 5 (in CA. No. 670 of 1992). Nemo Nos. 1 to 4, 6, 9 to 13 (in CA. No. 670 of ,1992) Nemo (in CA. No. 683 of 19
Syed TARAB ARIF FATIMI
VS
PRESIDENT OF PAKISTAN and others
Law:
Section:
(a) 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 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. (b) Airports Security Force Act (LXXVII of 1975)--- 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 members of Airports Security Forces remained civil servants in spite of the amendments made in the Airports Security Force Act, 1975 (hereinafter referred to as the Act) Act, 1975 (LXXVII of 1975), hereinafter referred to as the Act by Airports Security Force (Amendment) Ordinance, 1984 (XXV of 1984), hereinafter referred to as the Amending Ordinance. 2. It appears that on 27-11-1993, Airports Security Force (Amendment) Ordinance, 1993, was promulgated whereby following subsection (4) was added to section 7-A of the Act:-- "Notwithstanding anything contained in any other law for the time being in force, except the authorities…
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