1989 PLP 1558 (SCMR)

ABDUL KADIR SHAIKH, J.‑‑This is a petition for leave to appeal from the judgment of Federal Service Tribunal, dated 20‑11‑1988 dismissing an appeal filed by petitioner on the ground that it was not maintainable for want of jurisdiction. By that appeal, petitioner had challenged the seniority of respondent 5 in service and even his appointment in Pakistan Railways Police. The Service Tribunal, however, held, that the petitioner yet remains an employee of the Provincial Government, and is not in the service of the Federal Government, and for that reason dismissed the appeal for want of jurisdiction. Admittedly petitioner joined the service of the Provincial Government of Punjab in 1958, and was transferred to the Railways Police in 1971, and his services were afterwards taken over by the Federal Government. In support of the plea that on transfer to the Federal Government petitioner became an employee of the Federal Government, reliance was placed on the provisions of the Pakistan Railways Police Act, 1977, particularly section 5 which reads as under: "

5. Transfer of Provincial Railways Police and Railway Watch & Ward to the Pakistan Railways Police.‑‑(I) Notwithstanding anything contained in any other law for the time being in force or any contract, agreement or any conditions of service‑‑ (a) all persons holding any rank or post, not above the rank or post of Superintendent, in or under the Railway Police of any province, and (b) all persons holding any rank or post in the Railway Watch & Ward shall, subject to such conditions as may be laid down by the Federal Government, stand transferred and appointed to such corresponding ranks or posts in or under the Pakistan Railways Police as may be notified by the Federal Government. (2) If, at any time, the Federal Government considers that the services of any person referred to in clause (a) of subsection (1) are no longer needed by the Pakistan Railways Police, the Federal Government may, by order in writing revert such person to the police of the province to which he belonged immediately before the commencement of this Act." On behalf of the Federal Government it was however submitted that the persons transferred to the Pakistan Railways Police Force could be reverted by the Federal Government to the Police of the province to which they belonged, and, therefore, they are deemed to have remained as employees of the provincial Government concerned, and they served in the Pakistan Railways Police as deputationists. This plea found favour with the Service Tribunal, and accordingly the appeal was dismissed as not maintainable. Mr. Riyasat Ali, learned counsel appearing in support of the petition for leave to appeal referred to various provisions of the Act m support of the plea that on the facts of the case petitioner is an employee of the Federal Government and the appeal before the Service Tribunal was therefore maintainable. We find that the view that has prevailed with the Service Tribunal is of first impression, and deserves examination by this Court as it is likely to affect a large number of cases. We therefore grant leave to appeal and allow the petition. Appeal will be heard on the present record at an early date. It is however open to the parties to file additional documents, if any. A.A./M‑809/S Leave granted.