| Case ID |
2c764d5f-d1cd-4407-9e36-7e4d60ad46a9 |
| Body |
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| Case Number |
RP-214/2016 in 411(P)CS/2016 |
| Decision Date |
Mar 16, 2017 |
| Hearing Date |
Mar 06, 2017 |
| Decision |
The Tribunal determined that the jurisdiction was not ousted concerning the members of the Frontier Corps, affirming that they are governed under the Frontier Corps Ordinance, 1959. The members are not treated as civil servants but have limited civil servant status for grievance redressal in the Service Tribunal. The court addressed the objection raised by the respondents regarding the jurisdiction, emphasizing that the members of the Frontier Corps are performing duties alongside the Pakistan Army, which does not remove the Tribunal's jurisdiction. The decision reinforced that the Frontier Corps' members are to be treated similarly to civil servants for specific legal remedies. |
| Summary |
In the case RP-214/2016, the Federal Service Tribunal examined the jurisdictional objections raised by the Frontier Corps concerning the civil servant status of its members. The Tribunal highlighted that while the Frontier Corps is governed under its own ordinance, members are provided civil servant status for the purpose of grievance redressal. The Court reviewed precedents set by the Supreme Court of Pakistan regarding the treatment of Frontier Corps members in relation to civil service laws, ultimately concluding that the Tribunal retains jurisdiction over matters involving the Frontier Corps. This case underscores the intricate relationship between military and civil service regulations in Pakistan, particularly in the context of legal remedies available to members of the Frontier Corps. The decision is significant for understanding how statutory organizations interact with the established legal frameworks governing civil servants. |
| Court |
Federal Service Tribunal
|
| Entities Involved |
Pakistan Army,
Ministry of Interior,
Frontier Corps
|
| Judges |
SYED RAFIQUE HUSSAIN,
ISHTIAQ AHMED,
MUHAMMAD JAVED IQBAL KASI
|
| Lawyers |
Khawaja Muhammad Arif,
Mr. Shabbir Ahmed Nasir,
Mr. Arshad Ali Awan,
Mr. Zahoor-ul-Haq Chishti,
Mr. Muhammad Qaboor Khattak,
Mr. Mumtaz Ahmed,
Mr. Waseem-ud-Din Khattak,
Mr. Waheed Akhtar
|
| Petitioners |
AND OTHERS,
WALI AYAZ KHAN
|
| Respondents |
AND OTHERS,
FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF INTERIOR, ISLAMABAD
|
| Citations |
2017 SLD 1290,
2017 PLJ 201
|
| Other Citations |
2013 SCMR 1707,
2015 SCMR 1040,
2005 SCMR 1767,
2012 SCMR 1700,
2004 SCMR 1397
|
| Laws Involved |
Frontier Corps Ordinance, 1959,
Civil Servants Act, (LXXI of 1973),
Service Tribunal Act, (LXX of 1973)
|
| Sections |
2(b),
2-A
|