| Citation(s) |
|---|
| 2006 SLG 1566 2006 SLD 1566 2006 PLD 602 |
Supreme Court of Pakistan
C.As. Nos.792 to 816 of 2005, C.M.As. Nos.2208-2211/2003 in C.R.Ps. Nos.426, 427, 428, 430, 432, 429, 421 & 431......, C.R.Ps Nos.81-82,101-103, 118-120/2003, Crl.O.Ps. Nos.35, 36, 43, 50/2003 and 12, 14-15/2004, decision dated: 27-06-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., RANA BHAGWANDAS, JAVED IQBAL, ABDUL HAMEED DOGAR, FAQIR MUHAMMAD KHOKHAR, MIAN SHAKIRULLAH, JAN, M. JAVED BUTTAR
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C.As. Nos.792 to 816 of 2005, C.M.As. Nos.2208-2211/2003 in C.R.Ps. Nos.426, 427, 428, 430, 432, 429, 421 & 431......, C.R.Ps Nos.81-82,101-103, 118-120/2003, Crl.O.Ps. Nos.35, 36, 43, 50/2003 and 12, 14-15/2004, decision dated: 27-06-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., RANA BHAGWANDAS, JAVED IQBAL, ABDUL HAMEED DOGAR, FAQIR MUHAMMAD KHOKHAR, MIAN SHAKIRULLAH, JAN, M. JAVED BUTTAR
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MUHAMMAD MUBEENUS-SALAM and others
VS
FEDERATION OF PAKISTAN through Secretary, Ministry of Defence and others MUHAMMAD MUBEENUS-SALAM and others vs FEDERATION OF PAKISTAN through Secretary, Ministry of Defence and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)------S. 2-A---Civil Servants Act (LXXI of 1973), S.2(1)(b)---Constitution of Pakistan (1973), Art.212---Leave to appeal was granted by the Supreme Court, inter alia, to examine the questions that whether or not the teachers/employees of PAF Educational Institutions managed by the Managing Committees or bodies were Civil Servants under S.2(1)(b) of the Civil Servants Act, 1973 or for the purpose of S.2-A of the Service Tribunals Act, 1973; that whether employees/teachers of PAF Educational Institution could invoke the jurisdiction of the Service Tribunal as well as of the Supreme Court under Art. 212(3) of the Constitution and the question of validity and vires of S.2-A of Service Tribunals Act, 1973 on the touchstone of Art. 212 of the Constitution and other provisions of the Constitution. (b) Civil Servants Act (LXXI of 1973)--- ----Ss.2(1)(b) & S---Service Tribunals Act (LXX of 1973), Preamble & S.2(a)---Constitution of Pakistan (1973), Arts. 240, 260 & 212---"Civil Servant"---Definition connoted---Expressions "Civil Servant" and "Service of Pakistan" not synonymous. Definition of the term `civil servant' as given in S.2(1)(b) Civil Servants Act, 1973 includes a person, who is (i) a member of All Pakistan services or (ii) is a civil servant of the Federation or (iii) holds a civil post in connection with the affairs of the Federation including any such post connected with defence but does not include the persons mentioned in sub-clauses (i) and (ii) to the above clause (b), whereas section 5 of Civil Servants Act, 1973 provides that the appointment to the above three categories of the persons shall be made in the prescribed manner by the President or by a person authorized by the President in that behalf. From perusal of the definition of `civil servant' in section 2(1)(b) of the Civil Servants Act, 1973, it emerges that in order to attain the status of a `civil servant' it is necessary that the person should be a member of All Pakistan Service or of a civil service of the Federation, or who holds a civil post in connection with the affairs of the Federation. There may be some employees who fall within the…
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