2003 PLP (C (PLC(CS))

MUHAMMAD NAWAZ ABBASI, J.

Leave to appeal is sought in these petitions preferred under Article 212 (3) of the Constitution of Islamic Republic of Pakistan, 1973 against the consolidated judgment dated 18-12-2000 through which the Federal Service Tribunal, Islamabad, dismissed in limine the two separate service appeals involving the question of jurisdiction of Tribunal.

2. The Tribunal by following its judgment dated 9-12-2000 given in another service appeal filed by one Muhammad Riaz, a member of police service established by the administration of Northern Areas, dismissed-the appeals of the petitioners with the observation that a person serving in the administration of Northern Areas would not fall within the definition of 'civil servant' in terms of section 2(1)(b) of the Civil Servants Act. 1973, to avail the remedy of appeal and invoke the jurisdiction of Tribunal for adjudicating the matter relating to his terms and conditions of his service.

3. M/s. Fazal Ellahi Siddiqui, Advocate Supreme Court and M. Bilal, Advocate Supreme Court, have forcefully argued that the petitioners were appointed as Assistant Engineers, (Civil) by the Federal Government, for discharging their functions under the control of Chief Engineer Northern Areas PWD, Government of Pakistan and would be governed by Civil Servants Act, 1973. Learned counsel submitted that Federal Service Tribunal was misdirected in holding that the petitioner were not members of Civil Service of Pakistan to be assigned the status of civil servants under section 2(1)(b) of Civil Servants Act 1973 and would not be entitled to avail the remedy of appeal before the Federal Service Tribunal for redressal of their grievance relating to their terms and conditions of service. The learned counsel contended that the case of petitioner was distinguishable to that of Muhammad Riaz, referred to above, who was in the employment of the administration of the Northern Areas and was being governed by the rules and regulations of service framed by the said administration whereas the petitioners being employees of the Federal Government would be governed by the service laws of the Federation.

4. Learned Deputy Attorney-General, on the other hand, has contended that the petitioner being part of the administration of Northern Areas are not employees of the Federal Government and submitted that in the light of observations made by this Court in Civil Appeal No.48 of 2001 (Muhammad Riaz v. Secretary, Ministry of Kashmir Affairs and Northern Areas, Government of Pakistan and others), Northern Areas, Chief Court, Gilgit, has issued a circular dated 13th June 2002 by virtue of which the petitioners can conveniently approach the Civil Court in the Northern Areas for adjudication of their disputes relating to the terms and conditions of their service.

5. We having heard the learned counsel for the petitioners and the learned Deputy Attorney-General, find that there is sufficient force in the contentions raised in support of this petition and therefore, grant leave to appeal to consider the following question: "Whether the status of the petitioners is to that of the employees of Federal Government and they fall within the definition of 'civil servant' in terms of section 2 (1)(b) of the Civil Servants Act 1973 to be governed by the service laws of the Federation and can avail the remedy of appeal before the Federal Service Tribunal or they are members of the establishment of Northern Areas and being not employees of the Federal Government should approach the Civil Court having territorial jurisdiction." M.H./M-718/S Leave granted.