| Case ID |
00a759e4-407f-4a93-a9c1-f00cc6e32c66 |
| Body |
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| Case Number |
C.A. Nos. 1181 & 1182 of 2002 |
| Decision Date |
Apr 02, 2007 |
| Hearing Date |
Dec 14, 2006 |
| Decision |
The Supreme Court of Pakistan ruled in favor of the appellants, determining that they were civil servants under the Civil Servants Act, 1973, and thus entitled to the jurisdiction of the Federal Service Tribunal. The Court found that the Tribunal had the authority to adjudicate on matters concerning the terms and conditions of service for civil servants in the Northern Areas, which had been previously denied. The Court set aside the judgment of the Federal Service Tribunal that had dismissed the appeals based on a lack of jurisdiction. Both appeals were allowed, affirming the rights of the appellants in their claims related to seniority and promotion. |
| Summary |
This case revolves around the jurisdiction of the Federal Service Tribunal concerning civil servants from the Northern Areas of Pakistan. The Supreme Court examined whether the appellants, who were civil servants appointed by the Government of Pakistan, fell within the definition of 'civil servant' as per the Civil Servants Act, 1973. The Court found that the appellants had the right to appeal to the Tribunal regarding their service conditions, including seniority and promotion. The decision emphasized the importance of ensuring that civil servants' rights are protected and adjudicated by the appropriate judicial bodies. This ruling sets a significant precedent regarding the status and rights of government employees in regions with distinct administrative structures, such as the Northern Areas. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Service Tribunal,
KANA Division
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
JAVED IQBAL,
ABDUL HAMEED DOGAR,
MIAN SHAKIRULLAH,
JAN,
SAIYED SAEED ASHHAD
|
| Lawyers |
Fazal Ellahi Siddiqui,
M. Bilal,
Ejaz Muhammad Khan,
Naheeda Mehboob Ellahi,
Abdul Karim Khan Kundi,
Muhammad Munir Peracha,
Raja Muhammad Asghar Khan,
Mehr Khan Malik,
Arshad Ali Ch.,
Ch. Muhammad Akram,
Syed Zafar Abbas Naqvi
|
| Petitioners |
MIR GHIAS KHAN,
Imdad Ali Khan
|
| Respondents |
CHIEF EXECUTIVE,
MINISTER KASHMIR AFFAIRS,
NORTHERN AREAS DIVISION, ISLAMABAD
|
| Citations |
2007 SLD 3424,
2007 PLJ 945
|
| Other Citations |
Not available
|
| Laws Involved |
Civil Servants Act, 1973,
Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973,
Government Servants (Efficiency & Discipline) Rules, 1973,
Constitution of Pakistan, 1973
|
| Sections |
2(1)(b),
21(3),
5(i)(ii),
6,
212(2),
240,
260
|