Shahzada PERVEZ KHAN vs PAKISTAN THROUGH SECRETARY, MINISTARY OF DEFENCE AND ANOTHER

This matter arises from a petition challenging a disciplinary action and a finding of fact by a Service Tribunal that the petitioner was not a civil servant, rendering his service appeal incompetent. The core legal question is whether the petitioner qualified as a civil servant capable of maintaining a service appeal before the Service Tribunal. The Supreme Court of Pakistan held that in the absence of any material establishing the scale of pay, the order of appointment, or any subsequent transfer of the petitioner as a civil servant, there was no legal justification to interfere with the factual finding reached by the Tribunal. Consequently, the petition was dismissed. The key principle laid down is that the burden lies upon the claimant to provide material particulars such as pay scale and appointment orders to substantiate their status as a civil servant when challenging a Service Tribunal finding.