| Case ID |
20177e4e-18d5-46f8-94e3-8e329a604928 |
| Body |
View case body. Login to View |
| Case Number |
|
| Decision Date |
Jul 12, 1976 |
| Hearing Date |
|
| Decision |
The appeals are dismissed in limine as the Service Tribunal lacks jurisdiction over the employees of the Mangla Dam Organization, which is a semi-autonomous body under the Federal Government of Pakistan. The Tribunal's jurisdiction is limited to civil servants of Azad Jammu & Kashmir, and the employees of the Mangla Dam Organization do not fall within this definition. The decision emphasizes that only those who are members of the civil service or hold civil posts in connection with the government can be considered civil servants under the Act. As such, the appeals are not maintainable within the jurisdiction of the Tribunal. |
| Summary |
This case involves the Service Tribunal of Azad Jammu & Kashmir which dealt with appeals related to the employment status of Senior Clerks promoted to Accounts Assistants in the Mangla Dam Project. The Tribunal ruled that the employees do not qualify as 'Civil Servants' under the Azad Jammu & Kashmir Service Tribunal Act, 1975, due to their association with WAPDA, a federal semi-autonomous body. This decision clarified the jurisdiction of the Tribunal and the definition of civil servants, emphasizing that only those directly connected to the Azad Jammu & Kashmir government are eligible for its jurisdiction. This ruling is significant as it highlights the legal boundaries of employment classifications and the enforceability of service conditions within the context of civil service laws in Azad Jammu & Kashmir. |
| Court |
Service Tribunal (AJ&K)
|
| Entities Involved |
WAPDA,
Mangla Dam Organization
|
| Judges |
Malik Muhammad Aslam Khan
|
| Lawyers |
B. A. Farooqi
|
| Petitioners |
,
Fakhar-Zaman Haider
|
| Respondents |
,
Fakhar-Zaman Haider
|
| Citations |
1976 SLD 651 = 1976 PLC 79
|
| Other Citations |
Not available
|
| Laws Involved |
Azad Jammu & Kashmir Service Tribunal Act, 1975
|
| Sections |
2(b),
8
|