1998 PLP (C (PLC(CS))

ABDUL RAZZAQ A. THAHIM (CHAIRMAN).

These ten appeals filed by M/s. Muhammad Aslam, Muhammad Majid, Miss Meena Sikandar, Saleem Mufti, Muhammad Ashraf, Jehangir Ahmed, Ejaz Ahmed Bokhari, Samar Gul, Mufti Sultan Shahid and Dr. Abdul Majeed involve common questions of fact and law. These have been heard together and are being disposed of by this single judgment.

2. Pre-admission notice was issued to the respondents and in pursuance of the notice, Mr. Khalid Abbas Khan, learned Federal counsel has appeared along with the departmental representatives, and we have heard the learned counsel, for the parties at length.

3. All the appellants are working in the Pakistan Council of Research in Water Resources (hereinafter referred to as the Council), under the Ministry of Science and Technology. There is no impugned order nor any appellate order but the prayer in these appeals is as under :- .it may please be declared that-- (i) PCRWR is a Government organisation/office and not an autonomous body; and (ii) the appellant, and subject to all just exceptions other employees of PCRWR, are civil servants and entitled to all the benefits and privileges, including the pensionary benefits, admissible to other civil servants." From the above prayer and the pleadings, the declaration is being sought from this Tribunal about the status of the organisation as well as to determine the terms and conditions of employees of organisation like other civil servants. Reliance has been placed on a decision of this Tribunal in Appeal No.169(R) of 1992 (Dr. S. Nazre Hyder v. Secretary, Establishment Division and another) and the judgment of the Supreme Court in Civil Appeal No.739 of 1992.

4. The contention of the learned counsel for the appellants is that declaration be given that the employees of the Council are civil servants and as well as are entitled to pensionary benefits. When his attention was drawn to the provisions of section 4(1) of the Service Tribunals Act, 1973, whereby an aggrieved person can come to the Tribunal against an order, whether original or final passed by a departmental authority affecting his terms and conditions, which factor is missing in these appeals, he submitted that the appellants made representation that they are not being considered as civil servants like other employees of the Government for the purpose of other allied benefits, and for other grievances appeals will be brought later on. We have gone through the earlier judgment of the Tribunal in Appeal No. 169(R) of 1992, wherein opinion of the Establishment Division was challenged before this Tribunal, and this Tribunal on remand of the case by the Supreme Court decided the issue on the basis of Naeema Khan's case PLD 1990 SC 612 but in these appeals, there is no order in the field to be appealed against, before this Tribunal, and as such the mandatory provisions of section 4(I) of the Service Tribunals Act are not satisfied. The learned counsel for the appellants was asked to point out the specific relief being claimed by the appellants from this Tribunal, but he only submitted that declaration be made that the appellants are civil servants and entitled to pensionary benefits. These kinds of declaration can hardly be given by the Tribunal in service appeals. The organisation has been set up by resolution and every organisation has its own rules and structures and all matters with regard to terms and conditions are to be decided on grievance brought by aggrieved persons and Tribunal always examines all the points including jurisdiction. In these appeals the appellants have riot been able to show in what respect their terms and conditions are affected. We are sorry, the Tribunal cannot make such declarations. It is open to aggrieved persons to bring specific grievance with regard to violations of their terms and conditions by fulfilling the requirement of law such as making applications and appeals etc. In these appeals no order whether original or appellate has been challenged. For this we refer to sections 4 and 5 of the Service Tribunals Act, 1973 as follows: "

4. Appals to Tribunals.

(1) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service, may, Within thirty days of the communication of such order to him, (or within six months of the establishment of the appropriate Tribunal whichever is later, prefer an appeal to the Tribunal); Provided that-- (a) where an appeal, review or representation to a departmental authority is provided under the Civil Servants Ordinance, 1973 or any rule against any such order, no appeal shall lie to a Tribunal unless the aggrieved civil servant has preferred an appeal or application for review or, representation to such departmental authority and a period of ninety days has elapsed from the date on which such appeal, application or representation was so preferred: (b) no appeal shall lie to a Tribunal against an order or decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a. higher grade; (and) (c) no appeal shall lie to a Tribunal against an order or decision of a departmental authority made at any time before the 1st July, 1969.

2. Where the appeal is against an order' or decision of a departmental authority imposing a departmental punishment or penalty on a civil servant, the appeal shall be preferred

(a) in the case of a penalty of dismissal from service, removal from service, compulsory retirement or reduction to a lower post or time scale or to a lower stage in a time-scale, to a Tribunal referred to in subsection (3) of section 3; and (b) in any other case, to a Tribunal referred to in subsection (7) of that section. Explanation.

In this section 'departmental authority` means any authority other than a Tribunal, which is competent to make an order in respect of any of the terms and conditions of civil servants.

5. Powers of Tribunals.

(1) A Tribunal may, on appeal, confirm, set aside, vary or modify the order appealed against. (2) A Tribunal shall, for the purpose of deciding any Appeal, be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908) including the powers of

(a) enforcing the attendance of any person and examining him on oath; (b) compelling the producing of documents: and (c) issuing commission for the examination of witnesses and documents. " For the aforesaid reasons, the appeals are misconceived and dismissed in limine. A.A./157/Sr.F Appeals dismissed.