| Citation(s) |
|---|
| 2007 SLG 1375 2007 SLD 1375 2007 SCMR 1300 |
Supreme Court of Pakistan
Civil Appeals Nos.1181 and1182 of 2002, decision dated: 2-04-2007, hearing DATE : 14-12-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL, ABDUL HAMEED DOGAR, MIAN SHAKIRULLAH, JAN AND SAIYED SAEED ASHHAD, JJ
Fazal Ellahi Siddiqui, Advocate Supreme Court for Appellant (in Civil Appeal No. 1181 of 2002). M. Bilal, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellant (in C.A.. No. 1182 of 2002). Ms. Naheeda Mehboob Ellahi, D.A.G
Civil Appeals Nos.1181 and1182 of 2002, decision dated: 2-04-2007, hearing DATE : 14-12-2006
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., JAVED IQBAL, ABDUL HAMEED DOGAR, MIAN SHAKIRULLAH, JAN AND SAIYED SAEED ASHHAD, JJ
Fazal Ellahi Siddiqui, Advocate Supreme Court for Appellant (in Civil Appeal No. 1181 of 2002). M. Bilal, Senior Advocate Supreme Court and Ejaz Muhammad Khan, Advocate-on-Record for Appellant (in C.A.. No. 1182 of 2002). Ms. Naheeda Mehboob Ellahi, D.A.G
Mir GHIAS KHAN and another
VS
CHIEF EXECUTIVE/MINISTER KASHMIR AFFAIRS/NORTHERN AREAS DIVISION, ISLAMABAD and others
Law:
Section:
(a) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Servants Act (LXXI of 1973), S.2(1)(b)---Constitution of Pakistan, 1973, Art.212(3)---Appeal to Service Tribunal---Territorial jurisdiction---Employee in service of Northern Areas---Promotion--Direction of Peshawar High Court, in exercise of constitutional jurisdiction to department to consider employee for promotion---Nonconsideration of employee for promotion---Dismissal of appeal by Service Tribunal for lacking territorial jurisdiction---Supreme Court granted leave to appeal to consider question, whether status of -Petitioner was that of employee of Federal Government and would fall within definition of "civil servant" in terms of S.2(1)(b) of Civil Servants Act, 1973 to be governed by, service laws in the Federation and could avail remedy of appeal before Tribunal or he was member of establishment of Northern Areas am being not employee of Federal Government should approach Civil Court having territorial jurisdiction. (b) Service Tribunals Act (LXX of 1973)--- ----S. 4---Civil Servants Act (LXXI of 1973), S.2(1)(b)---Seniority---Employee in service (BS-17) of Northern Areas---Appeal to Service Tribunal---Territorial jurisdiction---Scope---Matter pertaining to terms and conditions of such employee had been dealt with earlier by High Court and Supreme Court in exercise of constitutional jurisdiction but Chief Executive and Secretary, Kashmir Affairs and Northern Areas and Federal Secretary, Establishment, had not raised objection regarding territorial jurisdiction---Department in parawise comments before Supreme Court had also not raised plea regarding territorial jurisdiction of Tribunal---Disciplinary proceedings against such employee had been initiated by department under Government Servants (Efficiency and Discipline) Rules, 1973---Appointments to such posts were to be made by Chief Executive under Civil Servants Act, 1973 and Civil Servant (Appointment, Promotion and Transfer) Rules, 1973---Held, such employee was `civil servant' within meaning of S.2(1)(b) of Civil Servants Act, 1973 and Tribunal had jurisdiction to entertain and decide appeal relating to terms and conditions of his service.…
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