Law:

Section:

Civil Servants Act (LXXI of 1973)--- ----S.2---Civil servant---Definition---Employee on contract whether civil servant---Appellant was appointed as Doctor on a fixed honorarium for a period of six months and according to terms of appointment his services were to be terminated on fifteen days' notice from either side without assigning any reason---Appellant had executed a bond of service on judicial stamp paper accepting conditions as laid down in appointment letter---Services of appellant were extended from time to time, but after about four years his services were terminated by serving notice on him and appellant had challenged such termination by filing appeal before Tribunal---Appointment of appellant was on contract basis on a fixed honorarium and-for a fixed period of six months which was extended from time to time---Appellant who was appointed on contract basis was excluded from definition of `civil servant' as provided in S. 2(1)(b) of the Act and was thus not amenable to jurisdiction of Service Tribunal for redress of his grievance. Alhaj Muhammad Iqbal Ch. for Appellant. Ch. Rahimuddin for Respondents. Date of hearing: 16th November, 1994. JUDGMENT NOOR MUHAMMAD MAGSI (MEMBER): --Briefly, the facts of this appeal are that the appellant Dr. Javed Iqbal was appointed vide letter dated 28-10-1990 in the Pakistan Railways on a fixed honoraria of Rs. 2,500 per month for a period of six months. This arrangement was extended from time to time till 30-4-1994 when his services were terminated with 'effect from 30-4-1994, by serving a notice on him on 9-4-1994. Being aggrieved he made a departmental representation on 25-4-1994 to the Secretary, Ministry of Railways which remained unresponded and after the expiry of 90 days period, he preferred this appeal before this Tribunal on 8-8-1994. 2. Alhaj Muhammad Iqbal Ch. the learned counsel appearing for the appellant submitted that the appointment letter dated 28-10-1990 where under the appellant was appointed on fixed honoraria of Rs.2,500 per month for a period of six months was ultra vires of Articles 3 and 37 of the Constitution and his appointment could not be termed as' contractual appointment' but it was ad…

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