2002 PLP 849 (SCMR)

MUNIR A. SHEIKH, J.

This appeal by leave of the Court is directed against the judgment dated 9-12-2000 of the Federal Service Tribunal through which his appeal against the order of the Administration of Northern Areas regarding fixation of seniority has been dismissed on the ground that he being not a civil servant within the contemplation of the said term as defined in the Civil Servants Act and Service Tribunals Act, 1973 could not invoke the jurisdiction of the Federal Service Tribunal established under Article 212(2) of the Constitution of Islamic Republic of Pakistan, 1973.

2. The appellant who was working as Sub-Inspector of Police, Northern Areas, brought before the Federal Service Tribunal, Islamabad, an appeal regarding dispute about his seniority which according to him, had not been correctly determined by the Establishment of Northern Areas through Office Order No. 3023-26/84, dated 9-10-1984 issued by the Office of D.I.-G., Northern Areas, Gilgit.

3. Before the Service Tribunal, an objection was raised that since the appellant .was not holding any post in the service of the Federation, therefore, the Federal Service Tribunal was not vested with the jurisdiction to entertain the appeal and decide the same which objection has been upheld through the impugned judgment dated 9-12-2000 by the Service Tribunal, against which this appeal by leave is directed.

4. Learned counsel for the appellant firstly took exception to the observations made in the impugned judgment that Northern Areas was not territory of Pakistan on the ground that in view of the rule laid down in the case AI-Jehad Trust through Habibul Wahab Al-Khairi, Advocate and 9 others v: Federation of Pakistan through Secretary, Ministry of Kashmir Affairs, Islamabad and 3 others (1999 SCMR 1379), the question whether a particular area is to form part of territory of Pakistan has to be decided by the Federal Government as Sovereign Act and the Courts have no power to snake any declaration. We have gone through the impugned judgment and find that the Service Tribunal did not hold that Northern-Area did not form part of territory of Pakistan whereas such an observation appears in the judgment with reference to another judgment. Even otherwise, the question whether Northern Area forms part of territory of Pakistan does neither arise in his case nor it is necessary to take any decision in respect thereof to determine the question in controversy raised by the appellant before the Service Tribunal which can be decided with reference to service laws of Pakistan.

5. Admittedly, the appellant was neither the employee of the Federal Government nor he was posted by it (Federal Government) in the Northern Area being person in service of Pakistan to serve in that area on deputation nor his seniority was determined by the Federal Government. Learned counsel for the appellant when questioned frankly admitted that the appellant was the umber of Police Establishment of Northern Area which was established by the Administration of the Northern Area and had its own rules and regulations of service. This being so, it was rightly held by the Service Tribunal in the impugned judgment that he being not a person holding any post in the service of Pakistan and that he was not employee of the Federal Government therefore, was not a civil servant within the meaning of the definition of civil servants as given in the Civil Servants Act and Service Tribunals Act, 1973 as such, could not invoke jurisdiction of the Federal Service Tribunal.

6. Learned counsel for the appellant has not been able to satisfy us that this finding of the Service Tribunal is not legally correct. Ire only argued that since this Court in the case of Al-Jehald Trust (supra) observed that the citizens of Northern Area having been conferred 'status of citizens of Pakistan by amendment of relevant Act and they have been issued passports and visas for going out of Pakistan and entering the territory of Pakistan and the Federal Government was directed to make laws for conferring rights on the residents of Northern Areas to enforce their rights through the Courts for which the Courts were also established, therefore, the said area being administered by the Federal Government, as such; the persons employed by the Northern Area Administration and performing functions there should be deemed to be performed functions in connection with the affairs of the Federal Government.

7. We are afraid, in our considered view, the argument is plainly unsound and being also self-destructive carries the germs of its own defeat. Merely because the residents of Northern Area according to the case of Al- Jehad Trust (supra) had been given the rights at par with the citizens of Pakistan to invoke the judicial forums for enforcement of their rights would not by itself constitute employees of the Northern Area as civil servants within the meaning of the expression as defined in Civil Servants Act, 1973.

8. Civic rights of citizens in general ordered to be governed by laws and creation. of judicial forums for enforcing the same is altogether different matter and does not have nexus with the status of any person employed in the service of Northern Area for the purposes of jurisdiction of Federal Service Tribunal. Under section 4 of the Service Tribunals Act, 1973, a civil servant as defined in the said Act could invoke jurisdiction of Service Tribunal in respect of terms and conditions of his service against the original or appellate order of the Departmental Authority. Admittedly, the, Departmental Authority of the appellant as employee of the Northern Area Administration is not the Federal Government as he was not employed by it (Federal Government), as such. He is the-employee of administration of Northern Area, therefore, was not a civil servant of the Federal Government. His terms and conditions are governed by the rules and regulations of Northern Area.

9. We have noticed that in the case of Al-Jehad (supra) this Court noticed that a number of notifications were issued by the Federal Government for extending the application of a number of laws of Pakistan to Northern Area. Whether service laws ousting the jurisdiction of other Courts established in Northern Area in respect of terms and conditions of a civil servant of Northern Area have been extended or not, the Federal Government is directed to look into the matter. This Court in the said case is paragraph-28 directed the Federal Government to make provisions by amending the laws or issuance of notifications as the case tray be for creation of judicial forums and conferment of rights on the people of Northern Area for redressal of their grievance as regards their fundamental rights through Courts. We have been informed that it has been substantially complied with and the Courts have been established for resolution of the disputes of civil matters of people of Nothern Area, therefore, the Federal Government shall also consider the desirability of extending the service laws and establishment of Service Tribunals by giving directions to the Northern Areas Administration if it is within its power so that the servants of the Northern Area may also have special forums for redressal of their wrongs in connection with the terms and conditions of their service within three months. Till. such time any such forum is created suck-like the Service Tribunal, the servants of Northern Area as the appellant is, may invoke the jurisdiction of the Courts of general jurisdiction established for deciding civil disputes, for in that case, in our view, there will be no bar for invoking jurisdiction of the said Courts there being no provisions like Article 212 of the Constitution barring their jurisdiction.

10. For the foregoing reasons, this appeal has no merits which is hereby dismissed. leaving the parties to bear their own costs. Q.M.H./M.A.K/M-313/S Appeal dismissed.