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), Art. 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, P.A.F. Model Inter College, Sargodha v. Malik Muhammad Pervaiz Akhtar 1997 SCMR 1957 ref. Muhammad Akram Sheikh Senior Advocate Supreme Court and Ch. Muhammad Akram, Advocate-on-Record for petitioners (in all cases). Hafiz S.A. Rehman, Advocate Supreme Court Raja, Abdul Ghafoor, Advocate-on-Record and M. S. Khattak, Advocate-on-Record for Respondent No.2. (in all cases). Date of hearing: 21st June, 2005. 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…

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