Pakistan Case Law
1994 SCMR 547

ABDUL HAMEED JANJUA vs THE SECRETARY, MANAGEMENT SERVICES DIVISION, ISLAMABAD and 2 others (Copy)

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Citation1994 SCMR 547
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,434 of 1993 Appeal No, 93 (R) of 1993
Date1993-11-27
Judge(s)Muhammad Rafiq Tarar and Saeeduzzaman Siddiqui
Authored byMuhammad Rafiq Tarar
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter comes before the Supreme Court of Pakistan upon a petition for leave to appeal arising from a decision of the Federal Services Tribunal. The core legal question concerns the jurisdiction of the Federal Services Tribunal regarding matters related to the terms and conditions of service versus the recognition of qualifications or their equivalents with Pakistani degrees. The Court granted leave to appeal to examine the contention that the subject matter fell within the domain of terms and conditions of service, thereby engaging the jurisdiction of the Tribunal. The holding established that disputes touching upon the terms and conditions of service of civil servants fall within the adjudicatory competence of the Tribunal, laying down the principle that the Tribunal's jurisdictional remit must be determined by the substance of the service matter in controversy rather than superficial categorization.

Questions settled in this judgment
  • Whether a service matter relating to terms and conditions of service falls within the jurisdiction of the Federal Services Tribunal?
  • Does the Federal Services Tribunal have jurisdiction over matters concerning the recognition of qualifications or equivalents with Pakistani degrees?
leave to appealservice tribunal jurisdictionterms and conditions of serviceservice appeal

ORDER

1. ' MUHAMMAD RAFIQ TARAR, J.---Leave to appeal is granted to consider the contention that the matter before the learned Federal Services Tribunal was not of recognition of qualification or its equivalent with Pakistani degrees but related to terms and conditions of service and was, therefore, within the jurisdiction of the Tribunal.

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