Law:

Section:

Constitution of Pakistan (1973)---- ----Arts.1(2)(d), 260 & 212(3)---Service of Pakistan---Northern Areas whether territories forming part of Pakistan---Service Tribunal had not considered the -Petitioner as civil servant and his appeal was dismissed--­Leave to appeal was granted by Supreme Court to consider as to whether the Executive Authority of the Federation of Pakistan having been exercising its power and continuous occupation of the Northern Areas for the last 52 years, the employees of the Northern Areas were discharging their functions in connection with the affairs of the Federation which squarely fell within the ambit of "Service of Pakistan" as defined in Art.260 of the Constitution; whether the territories of Northern Areas found mention in Art. 1(2)(d) of the Constitution and, therefore, form part of Pakistan and whether the question that the territories known as "Northern Areas" did or did not form part of the Federation was not determinable by the Service Tribunal in the light of principles enunciated by Supreme Court in The Superintendent, . Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others (PLD 1969 SC 485) and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs. Islamabad and 3 others (-1999 SCMR 1379). The Superintendent, Land Customs, Torkham (Khyber Agency) v. Zewar Khan and 2 others PLD 1969 SC 485 and Al-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v. Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others -1999 SCMR 1379 ref. JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J. ---Muhammad Riaz -Petitioner seeks leave to appeal under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, against, the judgment dated 9-12-2000 passed by the learned Federal Service Tribunal (the Tribunal), in Appeal No.770(R)/CS of 2000. 2. The facts of the case, briefly stated, are that the -Petitioner was employed as Sub-Inspector in the, Office of the Superintendent of Police, Northern Areas, Skardu. After exhausting departmental remedy, he filed service appeal in the Tribunal with…

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