| Citation(s) |
|---|
| 2026 SLG 5387 = 2026 SLD 5387 = 2026 PLC 1296 |
Federal Service Tribunal, Islamabad
Appeal No.167(P)C.S. of 2022 (and others connected appeals), decided on 21st August, 2025.
Presented By: Justice (Retd.) Rooh-ul-Amin Khan, Chairman and Sarwat Tahira Habib, Member
Federation of Pakistan through Secretary, Ministry of Education and others v. Naheed Naushahi 2010 SCMR 11 ref. Amaad Nasir Kundi for Appellants. Ms. Naveeda Noor for
Respondent.
Appeal No.167(P)C.S. of 2022 (and others connected appeals), decided on 21st August, 2025.
Presented By: Justice (Retd.) Rooh-ul-Amin Khan, Chairman and Sarwat Tahira Habib, Member
Federation of Pakistan through Secretary, Ministry of Education and others v. Naheed Naushahi 2010 SCMR 11 ref. Amaad Nasir Kundi for Appellants. Ms. Naveeda Noor for
Respondent.
ZAHID ULLAH, EX-SEPOY No.510133) and others
VERSUS
INSPECTOR GENERAL FRONTIER CORPS (NORTH), HEADQUARTERS F.C., QILA BALAHISAR, PESHAWAR
Law: Service Tribunals Act (LXX of 1973).
Section: 4
Law: Frontier Corps Ordinance, 1959
Section: 26, 1(3)
Law: Constitution of Pakistan
Section: 25
(a) Service Tribunals Act (LXX of 1973) S. 4---Appeal before the Federal Service Tribunal (Tribunal)---Premature filing---Scope---Limitation---Office /Tribunal not returning the appeal at the time of its premature filing---Validity---Although the appellant, without awaiting the statutory period of ninety days, instituted the present appeal rendering it technically premature, however, a premature matter is not void but merely premature, and ought to be returned at the outset---Failure to do so (returning appeal) precludes the Service Tribunal from later jeopardizing the rights or bona fide claims of a civil servant on the ground of prematurity, once the matter has matured during its pendency---In the present case, the office did not return the appeal at the time of filing, and it had since matured during its pendency before this Tribunal---In light of the said principle, the objection on the ground of limitation was overruled. Managing Director, Oil and Gas Development Company Ltd. v. Syed Najmul Hassan Naqvi 2005 SCMR 890 ref. (b) Frontier Corps Ordinance (XXVI of 1959) -Ss. 1(3) & 26---Frontier Corps Rules, 1961, Chapt. IV---Civil Servants (Efficiency and Discipline) Rules, 2020---Civil service---Districts merged into Province of Khyber Pakhtunkhwa---Convergence of two legal regimes (one civilian and administrative while the other paramilitary and quasi-military)---Frontier Corps personnel---Disciplinary proceedings, conducting of---Governing regime---Whether civilian or pramilitary character---Held: The brief but far-reaching provision of S. 1(3) of the Frontier Corps Ordinance, 1959 ( the Ordinance 1959 ) ensures that the Ordinance 1959 extends its jurisdiction across the entire country, enveloping even the newly merged districts of Khyber Pakhtunkhwa within its legal ambit---The substantive law, rooted in its original foundation, remains unchanged but the procedural landscape has evolved---The relationship between the FC's internal disciplinary apparatus and the formal judicial system has quietly transformed gently reshaped by the constitutional currents now flowing through the former tribal regions---The…