ALAM ZAB KHAN vs COMMISSIONER, AFGHAN REFUGEES, N.W.F.P., PESHAWAR
This petition for leave to appeal challenged a judgment of the Federal Service Tribunal, which had dismissed the petitioner's appeal regarding the termination of his services as a Village Administrator in the Afghan Refugees Organization. The core legal question was whether the petitioner, whose appointment was described as temporary and on a contract basis for two years, qualified as a 'civil servant' under the relevant statutory framework, thereby granting him the right to maintain an appeal before the Service Tribunal. Upon reviewing the appointment order, the Supreme Court affirmed the Tribunal's finding that the employment was indeed temporary and contractual in nature. Consequently, the Court held that the petitioner did not meet the definition of a civil servant and lacked the standing to maintain an appeal before the Tribunal. The petition was dismissed, and leave to appeal was refused. The key principle established is that an individual employed on a specific, time-bound contractual basis does not qualify as a civil servant for the purposes of invoking the jurisdiction of the Service Tribunal under the Civil Servants Act.
- Does an employee appointed on a temporary, time-bound contract basis qualify as a civil servant?
- Does the Federal Service Tribunal have jurisdiction to entertain an appeal from an employee serving on a contract basis?
- Can an employee whose services are dispensed with due to the expiration of a contract claim the status of a civil servant?
- Civil Servants Act 1973
1. SAEEDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of Federal Service Tribunal Islamabad, dated 5-5-1993. While serving as Village Administrator in the Afghan Refugees Organisation, the services of the petitioner were dispensed with on.26-12-1992 on the ground that they were no longer required. The departmental appeal filed by the petitioner against the order dispensing with his services, was rejected whereafter he filed appeal before the Federal Service Tribunal. The learned Tribunal after examining the record of the case reached the conclusion that the appointment of the petitioner in the office of Commissioner Afghan Refugees N.W.F.P. Peshawar, was purely temporary and on contract basis for a period of two years. The learned Tribunal, accordingly, in view of the definition of civil servant given in the Civil Servants Act, held that the petitioner was not a civil servant and as such was not entitled to maintain his service appeared before the Tribunal.
2. We have heard the learned counsel for the petitioner. It is contended on behalf of the petitioner that the petitioner's employment in the Afghan Refugees Organization was for an indefinite period, therefore, he should be treated as temporary employee who was entitled to all the benefits under the Civil Servants Act. We have gone through the order of appointment produced by the petitioner in the case, which specifically described the appointment of the petitioner as on temporary basis and on contract of two years. In these circumstances no exception can be taken to the order passed by the Service Tribunal. The petition is, accordingly, dismissed and leave to appeal is refused.