Sayed Mehar Hussain Shah, Member.--This appeal is filed by the appellant against the order dated 26.8.2008, whereby representation dated 22.07.2008 of the appellant filed by her against adverse remarks made on performance appraisal Form - Officers (ACR) for the period from 01.01.2007 to 31.12.2007 conveyed vide letter dated 02.05.2008.
2. Notice was issued to the respondents to file pre-admission comments. The respondents have appeared and filed pre-admission comments, wherein point of jurisdiction has been raised.
3. We have heard learned counsel for both the parties on the point of jurisdiction.
4. Learned counsel for the appellant argued that Insurance department was abolished and was merged with SECP and as such service of the appellant is protected under Section 43-A of the SECP Act 1997 and that after merger, an offer of employment was made to the appellant vide letter dated 01.11.2001, whereby she was offered to retain the status of civil servant.
5. Learned counsel for the respondents has drawn our attention to sub-section (2) of Section-42 of the SECP Act, 1997 wherein it is mentioned that, "nothing herein contained shall be constituted to mean that any person referred to in sub-section (1) is or shall be deemed to be in service of Pakistan or is to be regarded or treated as a civil servant".
6. We have before us latest judgment dated 12.03.2010 passed by the Hon'ble Supreme Court in Civil Appeal Nos. 172-K to 175-K, 177K to 182-K of 2009 (Pakistan International Airlines Corporation vs. Zafar Ahmed Khan and others), wherein it is held that if a person is not performing duties in connection with the affairs of the Federation, he is not a civil servant. Sub-section (2) of Section-42 of the SECP Act, 1997 is very clear on this point and, therefore, we hold that the Petitioner is not performing her duties in connection with the affairs of the Federation and as such, the appeal is not maintainable before this Tribunal.
7. In view of what has been discussed above, we hold that instant appeal is not maintainable before the Tribunal, hence, it is dismissed. The Appellant, if so advised, may seek remedy before the appropriate forum.
8. Parties be informed.