MIR GHIAS KHAN and another vs CHIEF EXECUTIVE/MINISTER KASHMIR AFFAIRS/ NORTHERN AFFAIRS and others
This matter concerns a petition for leave to appeal filed under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, challenging a judgment of the Federal Service Tribunal. The Tribunal had dismissed the petitioners' service appeals in limine, relying on a precedent to hold that employees of the Northern Areas administration do not qualify as 'civil servants' under Section 2(1)(b) of the Civil Servants Act, 1973, and thus lack standing to invoke the Tribunal's jurisdiction. The petitioners, employed as Assistant Engineers (Civil), argued they were appointed by the Federal Government and were therefore subject to federal service laws, distinguishing their status from the precedent cited. The Supreme Court, upon hearing arguments, found merit in the petitioners' contentions regarding their employment status under the Federal Government. Consequently, the Court granted leave to appeal to determine whether the petitioners fall within the definition of 'civil servant' under the Civil Servants Act, 1973, thereby entitling them to the Tribunal's jurisdiction, or whether they are employees of the Northern Areas administration required to seek redress in Civil Courts.
- Does an employee of the Northern Areas administration fall within the definition of 'civil servant' under Section 2(1)(b) of the Civil Servants Act 1973?
- Are Assistant Engineers appointed by the Federal Government for service in the Northern Areas governed by federal service laws?
- Does the Federal Service Tribunal have jurisdiction to adjudicate service disputes of employees appointed by the Federal Government but posted in the Northern Areas?
- Article 212(3), Constitution of the Islamic Republic of Pakistan 1973
- Section 2(1)(b), Civil Servants Act 1973
ORDER
' MUHAMMAD NAWAZ ABBASI, J.---Leave to appeal is sought in these petitions preferred under Article 212 (3) of the Constitution of Islamic Republic of Pakistan, 1973 against the consolidated judgment dated 18-12-2000 through which the Federal Service Tribunal, Islamabad, dismissed in limine the two separate service appeals involving the question of jurisdiction of Tribunal.
2. The Tribunal by following its judgment dated 9-12-2000 given in another service appeal filed by one Muhammad Riaz, a member of police service established by the administration of Northern Areas, dismissed the appeals of the petitioners with the observation that a person serving in the administration of Northern Areas would not fall within the definition of 'civil servant' in terms of section 2(1)(b) of the Civil Servants Act. 1973, to avail the remedy of appeal and invoke the jurisdiction of Tribunal for adjudicating the matter relating to his terms and conditions of his service.
3. M/s. Fazal Ellahi Siddiqui, Advocate Supreme Court and M. Bilal, Advocate Supreme Court, have forcefully argued that the petitioners were appointed as Assistant Engineers, (Civil) by the Federal Government, for discharging their functions under the control of Chief Engineer Northern Areas PWD, Government of Pakistan and would be governed by Civil Servants Act, 1973. Learned counsel submitted that Federal Service Tribunal was misdirected in holding that the petitioner were not members of Civil Service of Pakistan to be assigned the status of civil servants under section 2(1)
(b) of Civil Servants Act 1973 and would not be entitled to avail the remedy of appeal before the Federal Service Tribunal for redressal of their grievance relating to their terms and conditions of service. The learned counsel contended that the case of petitioner was distinguishable to that of Muhammad Riaz, referred to above, who was in the employment of the administration of the Northern Areas and was being governed by the rules and regulations of service framed by the said administration whereas the petitioners being employees of the Federal Government would be governed by the service laws of the Federation.
4. Learned Deputy Attorney-General, on the other hand, has contended that the petitioner being part of the administration of Northern Areas are not employees of the Federal Government and submitted that in the light of observations made by this Court in Civil Appeal No,48 of 2001 (Muhammad Riaz v. Secretary, Ministry of Kashmir Affairs and Northen Areas, Government of Pakistan and others), Northern Areas, Chief Court, Gilgit, has issued a circular dated 13th June 2002 by virtue of which the petitioners can conveniently approach the Civil Court in the Northern Areas for adjudication of their disputes relating to the terms and conditions of their service.
5. We having heard the learned counsel for the petitioners and the learned Deputy Attorney- General, find that there is sufficient force in the contentions raised in support of this petition and therefore, grant leave to appeal to consider the following question: "Whether the status of the petitioners is to that of the employees of Federal Government and they fall within the definition of ' civil servant' in terms of section 2 (1)(b) of the Civil Servants Act 1973 to be governed by the service laws of the Federation and can avail the remedy of appeal before the Federal Service Tribunal or they are members of the establishment of Northern Areas and being not employees of the Federal Government should approach the Civil Court having territorial jurisdiction."