' RASHID ALI MIRZA (MEMBER).--- Heard Advocate for the petitioner/appellant as also the Departmental Representative for the respondent N. H . &M.P.
2. In pursuance' of the judgment the Honourable Supreme Court notice of abatement dated 30th June, 2006 was issued by the Assistant Registrar. On 23rd September, 2006 the learned counsel for the appellant filed Miscellaneous Petition No,410 of 2006 for recalling of notice of abatement referring sections 90, 92 and 93 that National Highway and Motorway Police was established under section 90 of Chapter VII of the National Highway Safety, Ordinance, 2000. The said sections are reproduced as under:- "Section 90 Establishment of a Police for National Highway.-- (1) the Government may establish a police force for performing police and traffic control functions on Motorways and National Highways and within such other territorial limits as it may, by notification in the official Gazette specify.
(2) The police force established under subsection (1) shall exercise all powers of a S.H.O. Under the Cadre of Criminal Procedure, 1898.
' Section 92. Superintendence and Administration of National Highway and Motorway Police.--- The head of the National Highway and Motorway Police shall be an Inspector-General, who shall exercise all powers of an Inspector-General of Police under Police Act, 1861, and administer the fora in accordance.With the provisions of this Ordinance and Rules made thereunder.
' Section 93.. Power, to make Rules.--- The Inspector-General of Police, in consultation with the Government, may by notification in the official Gazette, make rules for carrying into effect the provisions of this Chapter.
(b) (sic) That National Highway and Motorway Police is a Federal Government Police and its day- to-day affairs while broad terms of police are laid down by Federal Government of Pakistan in Ministry of Communications as such National Highway and Motorway Police performs 'the functions of the Federal Government as such for all purposes is a Department of Federal Government which works through all the four Provinces, Capital Territory and Northern Areas.
(c) Accordingly, the appellant being employee of National Highway and Motorway Police is a civil servant, holding a civil post relating to the affairs of Federation of Pakistan, within the meaning of section 2(b) of the Civil Servants Act, 1973 and thus, the Federal Service Tribunal is vested with the jurisdiction to redress the appellant's service grievance.- ' During hearing of above miscellaneous petition, the learned counsel for the appellant produced a copy of Notification dated February, 15, 2007 wherein it was mentioned that:- "(viii) "Federal Law Enforcement Agencies" include Federal Investigating Agency, Pakistan Railways Police, Anti-Narcotics Force, Pakistan Motorway and Highway Police, Islamabad mPolice, Frontier Constabulary and any other Federal or Provincial Organization notified as such by the Government from time to time."
3. The notice of abatement of the appeal of the petitioner/appellant is recalled and the listed miscellaneous petition is allowed. The case of the appellant being within the exclusive jurisdiction of this Tribunal will proceed accordingly.
4. Parties be informed accordingly.