Law:

Section:

(a) Constitution of Pakistan (1973)-------Art. 212(3)---Leave to appeal was granted to consider the question, whether employees of the Provincial Assembly Secretariat were civil servants and could approach the Service Tribunal. [p. 533] A (b) Sindh Civil Servants Act (XV of 19'13)--- ----S. 2(a)---Sindh Assembly Secretariat (Recruitment) Rules, 1974, R. 13--­Civil servant---Employee of Provincial Assembly holds civil post in connection with the affairs of the Province and can invoke the jurisdiction of Service Tribunal. Employee of Sindh Provincial Assembly was holding a civil post and as the meaning of the word "Government" includes legislative functions, such employee was holding civil post in connection with the affairs of the Province. [p. 537] B Rules framed under the Sindh Civil Servants Act have been incorporated in the Sindh Assembly Secretariat (Recruitment) Rules; 1974 by reference. [p. 538] C Sindh Civil Servants Act, 1973 does not provide any precondition that only a civil servant or a person holding civil post in connection with the affairs of the Province, who has been appointed under an Act of the Assembly and whose terms of service have been determined under the Sindh Civil Servants Act, 1973, can invoke the jurisdiction of the Tribunal. If a person is covered by definition of "civil servant" given in the Act, he can invoke jurisdiction of the Tribunal. Since ' the employee of Provincial Assembly holds a civil post in connection with the affairs of the Province, he is covered by the definition of section 2(a) of the Act for the purpose of invoking the jurisdiction of the Tribunal. The question, whether he will be able to get any relief by showing violation of any statutory rules, would be a matter for determination by the Tribunal. [p. 538] D Begum Tahira Fazal Ahmad v. Home Secretary, Government of West Pakistan PLD 1966 Lah. 446; Abbas v. The Honourable Chief Justice through the Registrar, High Court of Sindh, Karachi and 2 others 1993 SCMR 715; Government of Punjab through Secretary, Finance Department, Lahore v. Mubarik Ali Khan and 8 others PLD 1993 SC 375 and Inspector-General of Police, Punjab, Lahore and others v. Mushtaq Ahmad Qurraich…

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