MUHAMMAD ASLAM and 9 others vs SECRETARY TO THE GOVERNMENT OF PAKISTAN, MINISTRY OF SCIENCE AND TECHNOLOGY, ISLAMABAD and others
This matter originated from petitions for leave to appeal against a judgment of the Federal Service Tribunal, Islamabad, concerning the employment status of the petitioners. The core legal question addressed was whether the petitioners, who were employees of a Council established under a Government Resolution, qualified as civil servants. During the proceedings, the Deputy Attorney-General, representing the Federal Government, filed a written reply explicitly conceding that, based on established Supreme Court precedents, such employees are indeed civil servants. Following this categorical admission by the Federal Government regarding the petitioners' status, the petitioners' counsel decided not to press the petitions further, opting instead to approach the appropriate departmental authorities for the redress of their grievances. Consequently, the Supreme Court disposed of the petitions in light of the Government's admission, allowing the petitioners to pursue their remedies through departmental channels. The judgment serves to confirm the status of employees of bodies established by government resolution as civil servants, thereby enabling them to seek relief through the appropriate service forums.
- Are employees of a Council established under a Government Resolution considered civil servants?
- Can the Federal Government concede the status of employees as civil servants based on judicial precedent?
ORDER
1. ' These petitions for leave to appeal are directed against common judgment, dated 20th February, 1997, passed by the Federal Service Tribunal, Islamabad. Notice was issued to the Deputy Attorney- General for specifying whether the petitioners are civil servants or not in pursuance of said directions a written reply has been filed by the Deputy Attorney-General on 17th March, 1998, wherein referring to observations in various judgments passed by this Court it has been conceded that the petitioners are civil servants. Relevant portion of reply is also reproduced below:-- "In view of the judgments of this Honourable Court reported as PLD 1990 SC 612, PLD 1994 SC 123, 1995 SCM R 1593 and 1996 SCM R 1572, the Council having been set up under Resolution, its employees are civil servants.
2. ' Establishment Division has reported that a legislation has been proposed to incorporate such like bodies/organizationsl."
3. ' In view of above categorical admission by the Federal Government about status of the petitioners being Civil Servants, learned counsel for the petitioners does not press these petitions and wishes to approach appropriate departmental authority for redress of their grievances. Petitions are disposed of accordingly. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.