Law:

Section:

Service Tribunals Act (LXX of 1973)-------Ss. 2-A & 4---Civil Servants Act (LXXI of 1973), S.2(1)(b)---Air Force Manual, R.54-2---Constitution of Pakistan (1973), S. 212(3)---Employees/Teachers of Pakistan Air Force Educational Institutions---Appeal to Service Tribunal---Maintainability---Supreme Court granted leave to appeal to consider, whether or not teachers/employees of such Institutions managed by Managing Committee or Bodies were civil servants under S.2(1)(b) of Civil Servants Act, 1973 or for purpose of S.2-A of Service Tribunals Act, 1973, whether such employees/teachers could invoke jurisdiction of Tribunal as well as of Supreme Court under Art. 212(3) of the Constitution and question of validity and vires of S.2-A of Civil Servants Act, 1973 on the touchstone of Art. 212 and other provisions of the Constitution. Managing Committee, PAF Model Inter College, Sargodha v. Malik Muhammad Pervaiz Akhtar 1997 SCMR 1957 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---The listed petitions have been filed against the judgment of Federal Service Tribunal dated 27th November, 2004, Relevant para. 11 thereof reads as under: "The upshot of the whole discussion is that the Appellant is a civil servant in terms of section 2(1)(b) of the Civil Servants Act, 1973 and section 2-A of the Service Tribunals Act, 1973 and, therefore, can invoke the jurisdiction of this Tribunal for redressal of his any grievance in respect of his terms and conditions of service. The FST's jurisdiction in the PAF Educational Institution has been recognized by the Hon'ble Supreme Court in its judgments referred to earlier. The fact that the appellant is considered as a civil servant for limited purpose for invoking the jurisdiction of this Tribunal, he will not be automatically entitled to all the benefits of rules, regulations which govern the civil servants. Appellants shall be governed by the terms and conditions of service as laid down in AFM-54-2, which he accepted at the time of joining of service and any violation of the terms and conditions contained in the said Manual and if he is adversely affected he can approach the FST for redressal,,,,.?" 2. Learned counsel contended that the…

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