IKRAMULLAH KHAN, J.- Through this single judgment, we intend to decide the instant Writ Petition as well connected Writ Petition No, 369-P/2017 titled "Munasib Khan v. Commandant Bajawar Levies ", Writ Petition No,2581-P/2017 titled "Munasib Khan v. The Secretary , SAFRON, Islamabad ", Writ Petition No,2570-P/2017 titled "Abdullah Jan v. The Secretary , SAFRON, Islamabad " and Writ Petition No,2055-P / 2017 titled "Muhammad Ayaz Khan v. Federation of Pakistan through Secretary , SAFRON, Islamabad and others " as identical questions of law and facts are involved in all these petitions.
2. Petitioners have challenged the newly amended Rules, 2016, called as Federal Levies Force (Services) Rules, 2016, as by promulgation of the impugned Rules, 2016, the terms and conditions of their services were altered adversely , which have ef fected their length of services, resultantly have compulsorily retired petitioners.
3. In essence, petitioners were employees of Federal Levies Force, which was re-organized by the Federal Levies Force Regulation, 2012.
4. In order to regulate the services of employees of Federal Levies, the Federal Government was conferred with the power to frame Rules for the purpose in term of section 10 of the Regulation, 2012.
5. The Federal Government vide Notifica tion No, SRO 954(1)/2012 dated 03.08 .2012 in exercise of its powers under Section 10 of the Regulation framed the respective Rules called Federal Levies Force (Services) Rules, 2012 but the same were amended vide Notification No,SRO 580(I)/2013 dated 18.06.2013. The Rules, 2012 were further amended by Notification No,936(I)/2016 dated 04.10.2016 whereby the following amendments were introduced in Schedule-III and IV of Section 4 (2)(B) and Rule 17(1):- SCHEDULE III AND IV S. No,Post/Rank For To be read as 1 Subedar Major (BS-16) 37 years service or 60 years of age whichever is earlier37 years service or 03 years service as Subedar Major or 60 years of age whichever is earlier .
2 Subedar (BS-13) 35 years service or 60 years of age whichever earlier .35 years or 05 years service as Subedar or 60 years of age whichever is earlier . Naib Subedar (BS-11) 33 years service or 60 years of age whichever is earlier33 years service or 07 years service as Naib Subedar or 60 years of age whichever is earlier
6. All the petitioners herein, who were serving on different posts of Subedar Major , Subedar and Naib Subedar being aggrieved of the impugned Rules, 2016 constrained to file these writ petitions.
7. At the very outset of the arguments, learned counsel on behalf of respondents, raised preliminary objection over the maintainability of these writ petitions for want of jurisdiction in light of recent judgment of the Apex Court rendered in Civil Appeals Nos, 521/2015, 2387, 2388, 2552, 2553 of 2016 and others decided on 29.01.2018 wherein the employees of Frontier Consta bulary Force are held to be civil servants and as such this Court in term of Article 212 of the Constitution of Islamic Republic of Pakistan has got no jurisdiction to determine terms and conditions of a civil servant, which is the exclusive jurisdiction of Federal Service Commission.
8. On the other hand, learned counsel for the petitioners invited the attention of this Court generally towards various judgments rendered by this Court particularly to the judgments rendered in Writ Petitions Nos,529-M/2016, No,593-M/2016, No,4039-P/2016, No,280-M/2017, No,281-M/2017 dated 23.05.2017 and argued that this Court has ample jurisdiction to decide the instant W rit Petitions.
9. We have heard learned counsel for the parties on question of jurisdiction in light of the recent judgment of the Apex Court dated 29.01.2018.
10. No doubt that Frontier Constabulary Force had been established under the Khyber Pakhtunkhwa Constabulary Act, 1915 and the Rules made thereunder , but keeping in view the yardstick determined by the Apex Court while elaborating and construing the meaning of civil servant, assigned to it under Section 2(1)(b) of the Civil Servant Act, 1973, no exception could be taken in this regard, insofar as the duty, responsibility and function of Federal Levies Force is concerned.
11. Section 2(1)(b) of the Civil Servant Act, 1973 reads as: "2(1)(b): "civil servant" means a person who is a member of an All-Pakistan Service or of a civil service of the Federation, or who holds a civil post in connection with the affairs of the Fede ration, including any such post connected with defence, but does not include".
12. The Apex Court in paragraph 6 of the judgment ibid, has defined the character of a civil servant, which reads as:- "Three broad tests for establishing the status and character of a civil servant emerge from the Constitutional mandate of the afore-going Articles. Firstly , under Article 240(a) of the Constitution, appointments to and the terms and conditions of service of the persons in the "service of Pakistan" are be determined by or under Act of Parliament. Secondly , by virtue of Article 260 of the Constitution, 'service of Pakistan' means any service, post or office in connection with the affairs of the Federation. Thirdly , under Article 212(1)(a) of the Constitution, the exclusive jurisdiction to adjudicate disputes relating to the terms and conditions of persons, who are in the service of Pakistan vests in an Administrative Tribunal, namely , the Federal Service Tribunal. These tests are mentioned in the Muhammad Mubeen-us-Salam case ibid (at pp.686-689 of the law report). The definition of the term 'civil servant' in the Act adopts the Constitutional criteria given in Article 260 noted above to reiterate that a person who, inter alia, holds a civil post "in connection with the affairs of the Federation" includin g any such post connected with defence, to be a civil servant. The larger Bench has in this respect taken the logical step to incorporate the requirements under Articles 240(a) and 260 of the Constitution as the definitional criteria of the term "civil servant" at p.682 of the law report)".
13. The Federal Levies Force was established by the President of Pakistan through promulgation of Federal Levies Force Regulation, 2012, paragraph 3 of the Regulation, 2012 empower the Feder al Government to constitute and maintain a force to be called the Federal Levies Force for performing the following functions:-
(a) ensuring security of roads in P ATA;
(b) ensuring security and manning of piquets;
(c) guarding Government institutions and installations;
(d) ensuring security of jail guards and arrested criminals;
(e) generally maintaining law and order and providing mobile escort to very important persons;
(f) anti-smuggling activities;
(g) destruction of illicit crops;
(h) serving of summons or procedures;
(i) policing, investigation and prosecution in certain areas as notified by the Provincial Government;
(j) raid and ambush; and
(k) such other functions as the Provincial Government may, by notification in the official Gazette, require the Force to perform.
(2) In the discharge of their functions, officers and staff shall be guided in accordance with this Regulation and the rules made there under .
14. Paragraph 4 of the Regulation, 2012 authorizes the Federal Government to appoint a Commander and other officers and members who will receive such pay, pension, allowances and other remunerations and shall enjoy such leave and other privileges as may be prescribed by the rules from time to time.
15. Paragraph 5 invest the Commander with the power to administer the force in accordance with the provisions of the Regulation, 2012, rules and such orders and instructions as may be made or issued by the Federal Government from time to time.
16. By virtue of paragraph 10 of the Regulation, 2012 the Federal Government exercises the power to make rules in order to regulate the function and power of the officers, regulating the classes and grades of and the remuneration and rewards to be paid to the officers and members of the Force and their conditions of service for efficiency and discipline in force and punishment, and to provide right of appeal and generally for the purpose of coming into ef fect the provisions of the Regulation.
17. It also could not be denied that the terms and conditions of service of petitioners / employees of levies force, are regulated by Federal Levies Force Regulation and the Rules made there under . Article 240(a) of the Constitution of Islamic Republic of Pakistan, 1973 prescribes that subject to the constitution, the appointment and the condition of services of persons in service of Pakistan shall be determined:-
(a) in the case of the services of the Federation, posts in connection with the affairs of the Federation and All-Pakistan Services, by or under Act of [Majlis-e-Shoora (Parliament)]; and
(b) in the case of the services of a Province and posts in connection with the affairs of a Province, by or under Act of the Provincial Assembly".
18. While the provisions contained in Article 260 of the Constitution, 1973 define:-- "Service of Pakistan" means any service, post or office in connection with the affairs of the Federation or of a Province, and includes an All-Pakistan Service, service in the Armed Forces and any other service declared to be a service of Pakistan by or under Act of [Majlis-e-Shoora (Parliament)] or of a Provincial Assembly , but does not include servic e as Speaker , Deputy Speaker , Chairm an, Deputy Chairman, Prime Minister , Federal Minister , Minister of State, Chief Minister , Provincial Minister , [Attorney-General, [Advocate-General], Parliament Secretary] or [Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology , Special Assistant to the Prime Minister , Adviser to the Prime Minister , Special Assistant to Chief Minister , Adviser to a Chief Minister] or member of a House or a Provincial Assembly"
19. In view of the above definition as petitioners were holding civil posts, which bears direct connection with the affairs of the Federation and the Defence of Pakistan.
20. The job description and the services render by Federal Levies Force which is fully defined under paragraph 3 of the Regulation it be safely construed as duties directly and clearly has nexus, connection with the affairs of Pakistan in order to maintain law and order situations and to protect government institutions and installation apart from performing job of policing as well as prosecution agencies within the Federally Administered Tribal Areas and also to perform such other legal functions as the competent authority may require him to perform while every member of the Force shall liable to serve wherever he is required to serve by the competent authority .
21. As all the salient feature of a civil servant has already been described in detail by the Apex Court in judgment dated 29.01.2018 and the duties, services and functions of Federal Levies Force, could not be distinguished from the Frontier Constabulary Force and where both stand on the same footings, therefore, in light of the judgment of the Apex Court ibid and the dicta laid down by the Apex Court, we hold that the employees of Federal Levies Force are civil servants and as such this Court has got no jurisdiction to determine and decide controversial issues in regard to terms and conditions of a civil servant in view of explicit bar placed unde r Article 212 of the Constitution, 1973 while the provisions contained in section 4 of the Service Tribunal Act, 1973 (Federal) confers exclusive jurisdiction upon the Federal Service Tribunal to determine all issues arising out of terms and conditions of service of a civil servant. However , Rule 11 of Federal Levies Force (Service) Rules, 2016, provides right of appeal to any personnel who being aggrieved by any order issued under the rules within thirty days of communication to him of such order but as there is no any individual orders as all petitioners were aggrieve d by amendments introduced in the Rules, 2013 by promulgation of amended Rule, 2016, therefore, these petitions are disposed of in terms that petitioners if so advised may prefer their individual appeals before the competent authority within the statutory period of limitation commencing from the date of issuance of certified copy of this judgment, however , those who had already avoided the opportunity of appeal may file their appeal before the Federal Service Tribunal within statutory period to be reckoned from issuance of certified copy of this judgment.