GOVERNMENT OF PAKISTAN, AVIATION DIVISION and anothers vs Mst. SHAILA
This matter originated as a petition for leave to appeal under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, filed by the Government of Pakistan against an order of the Federal Service Tribunal. The respondent, an Assistant Security Officer at Lahore Airport, had been discharged from service under the Pakistan Army Act, 1952. The core legal question was whether employees of the Airports Security Force qualify as civil servants, thereby falling under the jurisdiction of the Federal Service Tribunal, particularly in light of amendments to the Airports Security Force Act, 1975. The Supreme Court dismissed the petition, holding that the impugned order of the Federal Service Tribunal was unexceptionable. The Court reaffirmed the principle established in its precedent, Fasihuddin v. Khawar Latif Butt and others (1993 SCMR 1), that employees of the Airports Security Force are indeed civil servants. Consequently, the Court found no merit in the government's contention that the respondent was excluded from civil servant status, thereby upholding the Tribunal's decision to remand the case for a fresh determination.
- Are employees of the Airports Security Force considered civil servants?
- Does the Federal Service Tribunal have jurisdiction over the service matters of Airports Security Force employees?
- Can the government challenge the status of Airports Security Force employees as civil servants based on the Airports Security Force (Amendment) Ordinance 1984?
- Article 212(3), Constitution of the Islamic Republic of Pakistan 1973
- Pakistan Army Act 1952
- Section 11, Airports Security Force Act 1975
- Airports Security Force (Amendment) Ordinance 1984
ORDER
' MANZOOR HUSSAIN SIAL, J.---The petitioners through this petition under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, seek leave to appeal against the order of the Federal Service Tribunal, Islamabad, dated 21-4-1993, whereby the order dated 6-5-1987, was. Set aside and the case was remanded to the competent authority for fresh decision.
2. Mst Shaila Noreen, respondent herein, while working as Assistant Security Officer, Lahore Airport, Lahore, was discharged from service on 6-5-1987, by order of the Force Commander, under the Pakistan Army Act, on the ground that her services were no longer required for Airports Security Force. She challenged the aforesaid order in revision but the same was rejected on 23-10-1988, by the Secretary, Ministry of Defence, Aviation Division, Rawalpindi.
3. Aggrieved by the aforesaid orders, she preferred appeal which was allowed on 17-4-1993, by the Federal Service Tribunal, Islamabad, and the case was remanded to the competent authorities for fresh decision in the light of the observation made in para. 17 of the judgment delivered by the Supreme Court in Fasihuddin v. Khawar Latif Butt and others (1993 SCM R 1). Hence this petition.
4. Learned counsel for petitioners contended that the respondent is not a civil servant by virtue of amendment in section 11 of the Airports Security Force Act, 1975, made by Airports Security Force (Amendment) Ordinance, 1984. He, however, conceded that in Fasihuddin's case referred above, this Court has held that the employees of Airports Security Force are civil servants but submitted that there is a move by the Government of Pakistan in Aviation Division, seeking review of the view expressed by this Court in the above-noted case.
5. After hearing learned counsel for petitioners and going through the law laid down by this Court in the aforementioned precedent wherein employees of the Airports Security Force have been held to be civil servants the impugned order passed by the Federal Service Tribunal is unexceptionable.
' In the result this petition has no, merit and is accordingly dismissed.
Cited by 1 case
- MUHAMMAD ASLAM Versus INSPECTOR?GENERAL OF POLICE, PUNJAB, LAHORE 2001 PLC(CS) 432