1995SCMR11 (PLP)
GOVERNMENT OF PAKISTAN, AVIATION DIVISION and another‑‑‑Petitioners Versus Mst. SHAILA NOREEN‑‑‑Respondent
| Citation | 1995SCMR11 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan and Manzoor Hussain Sial, JJ |
| Parties | GOVERNMENT OF PAKISTAN, AVIATION DIVISION and another‑‑‑Petitioners Versus Mst. SHAILA NOREEN‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1995SCMR11 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995SCMR11 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan and Manzoor Hussain Sial, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995SCMR11 (PLP) (GOVERNMENT OF PAKISTAN, AVIATION DIVISION and another‑‑‑Petitioners Versus Mst. SHAILA NOREEN‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sh. Maqbool Ahmad, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.
- Nemo for Respondent.
- Date of hearing: 7th November, 1993.
- 4. Learned counsel for petitioners contended that the respondent is not a civil servant by virtue of amendment in section 11 of the Airports Security Force Act, 1975, made by Airports Security Force (Amendment) Ordinance, 1984. He, however, conceded that in Fasihuddin's case referred above, this Court has held that the employees‑of Airports Security Force are civil servants but submitted that there is a move by the Government of Pakistan in Aviation Division, seeking review of the view expressed by this Court in the above‑noted case.
- 5. After hearing learned counsel for petitioners and going through the law laid down by this Court in the aforementioned precedent wherein employees of the Airports Security Force have been held to be civil servants the impugned order passed by the Federal Service Tribunal is unexceptionable.
Headnotes / Summary
(On appeal from the judgment of the Federal Service Tribunal, Islamabad, dated 21‑4‑1993, in Appeal No. 53(L)/92). Airports Security Force Act (LXXVII of 1975)‑‑‑ ‑‑‑‑S. 11 [as amended by Airports Security Force (Amendment) Ordinance (XXXV of 1984)]‑‑‑Constitution of Pakistan (1973), Art. 212(3)‑‑‑Employee's discharge from service on the ground that her services were no longer required‑‑‑Employee's departmental appeal against order in question was rejected‑‑‑Service Tribunal remanding case to Authority for fresh decision‑‑ Validity‑‑‑Employer's plea was that employee was not a civil servant therefore, Service Tribunal had no jurisdiction in the matter‑‑‑Such plea was not warranted in view of amendment in S. 11, Airport Security Force Act, 1975 by Act XXXV of 1984, whereby such employees were deemed to be civil servants‑‑‑Employees of Airport Security Force being civil servants, order passed by Service Tribunal was unexceptionable‑‑‑Leave to appeal was refused in circumstances. Fasihuddin v. Khawar Latif Butt and others 1993 SCMR 1 rel.
Judgment & Decree
MANZOOR HUSSAIN SIAL, J.‑‑‑The petitioners through this petition under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, seek leave to appeal against the order of the Federal Service Tribunal, Islamabad, dated 21‑4‑1993, whereby the order dated 6‑5‑1987, was. set aside and the case was remanded to the competent authority for fresh decision.
2. Mst Shaila Noreen, respondent herein, while working as Assistant Security Officer, Lahore Airport, Lahore, was discharged from service on 6‑5‑1987, by order of the Force Commander, under the Pakistan Army Act, on the ground that her services were no longer required for Airports Security Force. She challenged the aforesaid order in revision but the same was rejected on 23‑10‑1988, by the Secretary, Ministry of Defence, Aviation Division, Rawalpindi.
3. Aggrieved by the aforesaid orders, she preferred appeal which was allowed on 17‑4‑1993, by the Federal Service Tribunal, Islamabad, and the case was remanded to the competent authorities for fresh decision in the light of the observation made in para. 17 of the judgment delivered by the Supreme Court in Fasihuddin v. Khawar Latif Butt and others (1993 SCMR 1). Hence this petition.
4. Learned counsel for petitioners contended that the respondent is not a civil servant by virtue of amendment in section 11 of the Airports Security Force Act, 1975, made by Airports Security Force (Amendment) Ordinance, 1984. He, however, conceded that in Fasihuddin's case referred above, this Court has held that the employees‑of Airports Security Force are civil servants but submitted that there is a move by the Government of Pakistan in Aviation Division, seeking review of the view expressed by this Court in the above‑noted case.
5. After hearing learned counsel for petitioners and going through the law laid down by this Court in the aforementioned precedent wherein employees of the Airports Security Force have been held to be civil servants the impugned order passed by the Federal Service Tribunal is unexceptionable. In the result this petition has no merit and is accordingly dismissed. A.A./G‑460/5 Leave refused.