Case Details

Citation(s)
2003 SLG 1061 2003 SLD 1061 2003 PLC 1159
Supreme Court of Pakistan
Civil Petitions Nos.355 and 375 of 2001, decision dated: 9-09-2002. (On appeal from the judgment of Federal Service Tribunal, Islamabad, dated 18-12-2002 passed in Appeals Nos.563 and 746-R/CS/2000).
MIAN MUHAMMAD AJMAL, MUHAMMAD NAWAZ ABBASI AND KARAMAT NAZIR BHANDARI, JJ

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MIR GHIAS KHAN and another

VS

CHIEF EXECUTIVE/MINISTER KASHMIR AFFAIRS/NORTHERN AFFAIRS and others

Law:

Section:

Civil Servants Act (LXXI of 1973)-------S.2(1)(b)---Constitution of Pakistan (1973), Art.212(3)---Term civil servant'---Applicability---Status of civil servants employed in the administration of Northern Areas---Service Tribunal dismissed the appeal in limine on the ground that employees in the administration of Northern Areas were not civil servants under S.2(1)(b) of Civil Servants Act, 1973--­Validity---Leave to appeal was granted by Supreme Court to consider, whether the status of such employees was that of the employees of Federal Government and they fell within the definition of "civil servant" in terms of S.2(1)(b) of Civil Servants Act, 1973, to be governed by service laws of Federation and could avail the remedy of appeal before Federal Service Tribunal or they were members of establishment of Northen Areas and were not employees of the Federal Government and thus should have approached Civil Court having territorial jurisdiction. Muhammad Riaz v. Secretary, Ministry of Kashmir Affairs and Northern Areas, Government of Pakistan and others Civil Appeal No.48 of 2001 ref. Fazal Ellahi Siddqui, Advocate Supreme Court for Petitioners (in C.P. 355 of 2001). M. Bilal, Advocate Supreme Court for Petitioners (in C.P. 375 of 2001). Ejaz Muhammad Khan, Advocate-on-Record for Petitioners (in both Cases). Sardar Muhammad Aslam, Deputy Attorney-General fog Respondents. Date of hearing: 9th September, 2002. ORDER MUHAMMAD NAWAZ ABBASI, J.---Leave to appeal is sought in these petitions preferred under Article 212 (3) of the Constitution of Islamic Republic of Pakistan, 1973 against the consolidated judgment dated 18-12-2000 through which the Federal Service Tribunal, Islamabad, dismissed in limine the two separate service appeals involving the question of jurisdiction of Tribunal. 2. The Tribunal by following its judgment dated 9-12-2000 given in another service appeal filed by one Muhammad Riaz, a member of police service established by the administration of Northern Areas, dismissed-the appeals of the petitioners with the observation that a person serving in the administration of Northern Areas would not fall within the definition of 'civil servant' in terms of…
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