Case Details

Citation(s)
2002 SLG 1779 2002 SLD 1779 2002 PLC 498
Federal Service Tribunal, Islamabad
Appeal No.770(R)(CS) of 2000, decision dated: 9-12-2000
JALAL-UD-DIN AKBARJI, CHAIRMAN AND DR. AKHTAR HASAN KHAN, MEMBER

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MUHAMMAD RIAZ

VS

SECRETARY, MINISTRY OF KASHMIR AFFAIRS AND NORTHERN AREAS, ISLAMABAD and others

Law:

Section:

(a) Civil service------- Persons employed for the Northern Areas only---Status---Transfer of such persons to other areas in Pakistan---Validity---Persons employed for the Northern Areas only were not and would not be in the service of Pakistan--­Services of the persons serving in said areas would not be transferred anywhere in Pakistan. (b) Service Tribunals Act (LXX of 1973)--- ----Ss. 2(a), 4 & 5---Civil Servants Act (LXXI of 1973), S.2(1)(b)--­Constitution of Pakistan (1973), Arts. 1, 212, 240 & 260---Civil service --­Appeals filed by persons serving in. Northern Areas---Competency--­Jurisdiction of Service. Tribunal---Tribunal had been constituted under Art. 212 of the Constitution of Pakistan to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons who were or had been in service of Pakistan including, disciplinary matters under Service Tribunals Act, 1973--Service Tribunal had the jurisdiction to hear appeals of the "civil servants" as defined in S.2(a) of Service Tribunals Act, 1973 and S:2(t)(b) of Civil Servants Act, 1973---Tribunal on hearing appeals had power to confirm, set aside, vary or modify the order appealed against---Relevant provisions of Constitution of Pakistan (1973) and Service Tribunals Act, did not include civil servant employeed in and for Northern Areas only--Tribunal had the jurisdiction and powers of hearing and deciding appeals of a civil servant in service of Pakistan---Exercise of jurisdiction by Tribunal beyond the provisions of the Constitution of Pakistan and the Act, would be void, without jurisdiction and of no legal effect. Abdul Rashid Saqib for Appellant. Date of hearing: 1st December, 2000. JUDGMENT JALAL-UD-DIN AKBARJI (CHAIRMAN).---Muhammad Riaz, Sub-Inspector of Police Northern Areas, appellant herein, has filed this appeal on 28-11-2000 for determining his seniority fixed by an Office Order No.3023-26184, dated 8th October, 1984, issued by the Office of the D.I.G. Police Northern Areas, Giligit which, the appellant states, had come to his notice/knowledge in the last week of July, 2000. The appeal was fixed for preliminary hearing on 1-12-2000 and the following…
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