' IFTIKHAR MUHAMMAD CHAUDHRY, J.--The listed petitions have been filed against the judgment of Federal Service Tribunal dated 27th November, 2004, Relevant para. 11 thereof reads as under:-- "The upshot of the whole discussion is that the Appellant is a civil servant in terms of section 2(1)(b) of the Civil Servants Act, 1973 and section 2-A of the Service Tribunals Act, 1973 and, therefore, can invoke the jurisdiction of this Tribunal for redressal of his any grievance in respect of his terms and conditions of service. The FST's jurisdiction in the PAF Educational Institution has been recognized by the Hon'ble. Supreme Court in its judgments referred to earlier. The fact that the appellant is considered as a civil servant for limited purpose for invoking the jurisdiction of this Tribunal, he will not be automatically entitled to all the benefits of rules, regulations which govern the civil servants.
Appellants shall be governed by the terms and conditions of service as laid down in AFM-54-2, which he accepted at the time of joining of service and any violation of the terms and conditions contained in the said Manual and if, he is adversely affected he can approach the FST forredressed............
2. Learned counsel contended that the observations of the Tribunal are contradictory to Managing Committee, PAF Model Inter College, Sargodha v. Malik Muhammad Pervaiz Akhtar (1997 SCM R 1957)wherein the majority opinion of this Court is that the employees falling within the scope of school teachers etc. Are civil servants. He further contended that as far as section 2-A of the Service Tribunal Act, 1973 is concerned, its reference has not been made properly because this provision only deals in respect of the cases of those employees who are working in such organizations where Government had got a controlling share etc. Whereas in the instant cases, the educational institutions of PAF are one of the component departments of the Federal Government.
Therefore, they are entitled for the benefits of the rules applicable to the Civil Servants, who fall under the definition of S.2(1)(b) of the Civil Servants Act, 1973.
3 On the other hand learned counsel for the caveat opposed thepetition and contended that as per the minority view of the judgment, which has been relied by the learned counsel for the petitioners the educational institutions of PAF are governed by the Managing Committees/Bodies independently and they are not working in connection with affairs of the Federation of Pakistan.
Thus not being civil servant, they cannot invoke the jurisdiction of the Service Tribunal and or of this Court under Article 212 of Constitution of Islamic Republic of Pakistan.
4. We have heard both the sides and have gone through the relevant documents so made available including the impugned judgment relied upon by the learned counsel. Leave to appeal is granted, inter alia, to examine:--
(i) Whether or not the teachers/employees of PAF Educational Institutions managed by the Managing Committees or bodies are civil servants under section 2(1)(b) of the Civil Servants Act or for the purpose of section 2-A of the Service Tribunals Act, 1973?
(ii) Whether employees/Teachers of PAF Educational Institutions can invoke the jurisdiction of the Tribunal as well as of this Court under Article 212 (3) of the Constitution of Islamic Republic of Pakistan.
(iii) The question of validity and vires of section 2-A of the Service Tribunal Act, 1973 on the touchstone of Article 212 and other provisions of the Constitution of Islamic Republic of Pakistan.
5. In view of importance of the matter, Hon'ble Chief Justice of Pakistan may be requested for re- constituting a larger Bench. Office is directed to club all identical matters, including the cases of employees covered under section 2-A of the Service Tribunals Act 1973 for pronouncing an authoritative judgment on the subject. The learned Attorney-General for Pakistan be also asked to assist the Court as the question of interpretation of various provisions of the Constitution of Islamic Republic of Pakistan, 1973 is involved in these cases.