1989 PLP (C (PLC(CS))

SYED ALLY MADAD SHAH (CHAIRMAN).--Appellant Dr. Sharafuddin Ilahi, ex-Reader, Islamic Research Institute in the International Islamic University, Islamabad, has preferred this appeal against the order of his removal from service passed on 4-70-1986 in pursuance of decision by the Islamic Research Institute Council taken at its meeting held on 3rd October, 1986 and that of rejection of his appeal by the Board of Governors of the International Islamic University communicated to him under letter dated 13h April, 1987.

2. The appeal, at its outset, involves the question of jurisdiction as to whether the appellant was a civil servant as to invoke the jurisdiction of this Tribunal. This question was taken notice of at the admission stage and the appeal was admitted subject to the question of jurisdiction. The respondents also have raised the preliminary objection that the appellant was not a civil servant and appeal did not lie to this Tribunal.

3. We have heard the appellant and Mr. Abdul Hakeem Khan, Advocate for the respondents on the question of jurisdiction and we propose to give our verdict on that issue.

4. The appellant has urged that he was originally appointed as Editor, `Fikro-nazar' in the year 1971 by the Islamic Research Institute, established by the Government; and was appointed as a Reader in the same Institute in the year 1976. According to him, the Islamic Research Institute was attached with the Islamic University in the year 1980, subsequently converted into the International Islamic University established in the year 1985. He has submitted that he was appointed as a civil servant and he continued to be the civil servant, no matter that the Islamic Research Institute was attached with or merged into the Islamic University. He has placed reliance on a case of one Abdul Jabbar Khan, who was an employee of the Council of Islamic Ideology. On the other hand, the learned counsel for the respondents has argued that the Islamic Research Institute was an autonomous body having been established in the year 1965 and it was merged with the Islamic University established under the Islamic University Ordinance, 1980, subsequently converted into the International Islamic University under the provisions of the Islamic University Ordinance, 1985 and the appellant's employment was from its very inception under one or the other autonomous body governed by the Board of Governors and, therefore, he was not a civil servant as defined in the Civil Servants Act, 1973 and his appeal before this Tribunal is not competent. He has relied upon a judgment of this Tribunal in an identical case of Mumtaz Liaqat in Appeal No. 64(R) of 1977, decided on 3-8-1977.

5. The Islamic Research Institute was established under Notification No. F.15-1059-E.IV, dated 10th March, 1960 (as described in Annexure `I' at page 27 to the International Islamic University Ordinance, 1985). It was made a Faculty of the Islamic University established under the Islamic University Ordinance, 1980, subsequently reconstituted and renamed as International Islamic University under the International Islamic University Ordinance, 1985. The Islamic Research Institute was governed by the Board of Governors. The Board of Governors made Islamic Research Institute (Services and Administration) Regulations, 1966. The appointing authorities stood specified in the Schedules I, II and III thereof. Evidently, the Islamic Research Institute was an autonomous body till its merger the 'Islamic University established in the year 1980 as one of its Faculties under the provisions of the Islamic University Ordinance, 1980. The Islamic University too was san autonomous body in almost all respects including the services in the University. The University has its own service statutes. The Islamic University was reconstituted and renamed as International Islamic University and made a fully autonomous body and the Islamic Research Institute continued to be one of its Faculties as reconstituted. It follows that the appellant remained in service in one or the other autonomous body and he had no occasion to have remained as a civil servant at any time. Jurisdiction of this Tribunal can be invoked by only a' civil servant as defined under section 2(a) of the Service Tribunals Act, 1973. That being the case, the appellant's appeal before this Tribunal is incompetent. Such view was taken by this Tribunal earlier also in the case of Mumtaz Liaqat in Appeal No. 64(R) of 1977, decided on 3-8-1977. Status of an employee of the Baluchistan University was considered in the case of University of Baluchistan v. Saeed Muhammad Khan, reported in 1986 S C M R 1063, and it was held by the Supreme Court that employee of the University was not a civil servant. The case of Abdul Jabbar Khan relied upon by the appellant had distinguishing features. He was an employee of the Council of Islamic Ideology and his case considered in Appeal No. 22(R) of 1985, reported in 1987 P L C (C.S.) 198, was examined in the light of the status of the Council vis-a-vis the control of the Government over its administrative and other allied matters.

6. In view of the nature of the service of the appellant outlined above and the provisions of the relevant laws referred to above, and in the light of the decision of the Supreme Court in the case of University of Baluchistan v. Saeed Muhammad Khan, the appellant cannot maintain this appeal before this Tribunal for want of jurisdiction. Accordingly, the appeal stands dismissed with no order as to costs. A.A./484/Sr. F Appeal dismissed.