| Case ID |
36a4820b-85f4-4228-bb4b-66725bd5321a |
| Body |
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| Case Number |
Civil Appeal No. 48 of 2001 |
| Decision Date |
Oct 11, 2001 |
| Hearing Date |
Oct 11, 2001 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal, affirming that the appellant, Muhammad Riaz, was not a civil servant as defined by the Civil Servants Act and therefore could not invoke the jurisdiction of the Federal Service Tribunal. The Court reiterated that employees of the Northern Areas Administration do not fall under the purview of 'civil servant' as stipulated in the relevant laws, and as such, they are governed by the regulations of the Northern Areas. The Court also highlighted that civic rights are governed by laws and do not directly correlate with the status of employment in the Northern Areas, allowing for the possibility of civil court jurisdiction in the absence of a specific service tribunal. |
| Summary |
This case revolves around the status of civil servants in the Northern Areas of Pakistan. The Supreme Court addressed whether employees of the Northern Areas are classified as civil servants under the Civil Servants Act. The Court ruled that the appellant, a Sub-Inspector of Police, could not seek remedy from the Federal Service Tribunal because his employment did not fall under the definition of a civil servant as outlined in the law. The judgment emphasized the distinction between civic rights and the legal status of employment, suggesting that until a dedicated service tribunal is established for Northern Areas employees, they could seek redressal through civil courts. The decision underscores the complexities surrounding the legal framework governing employment and rights in the Northern Areas, which have historically faced jurisdictional ambiguities. This case is significant for understanding the legal rights of civil servants in Pakistan, particularly in regions with unique administrative structures. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Federal Government,
Northern Areas Administration
|
| Judges |
Muhammad Bashir,
Jehangiri,
Munir A. Sheikh,
Rana Bhagwandas
|
| Lawyers |
Sh. Riazul Haque, Advocate Supreme Court,
M.A. Zaidi, Advocate-on-Record,
Yawar Ali Khan, D.A.-G.,
Ijaz M. Khan, Advocate-on-Record
|
| Petitioners |
Muhammad Riaz
|
| Respondents |
others,
Secretary Ministry of Kashmir Affairs and Northern Areas, Government of Pakistan
|
| Citations |
2002 SLD 1752,
2002 PLC 306
|
| Other Citations |
1999 SCMR 1379
|
| Laws Involved |
Civil Servants Act (LXXI of 1973),
Service Tribunals Act (LXX of 1973)
|
| Sections |
2(1)(b),
4
|