' CH. HASAN NAWAZ (MEMBER).--In the present appeal under section 4 of the Service Tribunals Act, 1973, the appellant who has been working as Field Officer (Chem.) Pakistan Standards Institution (hereinafter called the Institution) has challenged the validity of the order of his removal from service dated 8-12-1983 (Annex. A) which purports to have been passed by the Competent Authority under paragraph 4 of the letter of his appointment.
2. The appeal was, inter alia, opposed on the ground that the appellant is not a civil servant 'within the meaning of section 2(a) of the Act which has adopted the definition of a civil servant provided in the Civil Servants Act, 1973. Therefore, on the basis of this objection, the main question for determination on this case is whether the appellant is a civil servant within the meaning of Civil Servants Act, 1973 and if the present appeal is competent.
3. As we see from the letter of appointment, the appellant was appointed as Field Officer (Chem.) by the Institution and he was informed of the order of his appointment by its Administrative Officer.
The Institution was set up by the Government of Pakistan with its headquarters at Karachi by means of resolution dated 3-10-1958. Subsequently, it was registered under the Registration of Societies Act of 1860, in consequence of a decision made by the Government. It may also be mentioned as a material fact that it has got its memorandum of association in addition to its own rules and bye-laws framed by it in exercise of the powers conferred by section 22 of the Pakistan Standards Institution (Certification Marks) Ordinance, 1961.
4. The resolution which created the Institution provides that its affairs will be managed by a General Council which will, so far as is practicable, divide its work into Divisions for the more direct and convenient administration of its affairs and work. The General Counsel was also empowered to determine the number of divisions and the committee to be included in each Division. Provisions were also made in paragraph 5 of the resolution in respect of the compositions of the Council. As regards finances, it was provided in paragraph 6 that the income of the Institution will be derived from Government grants, contributions from Industry, the Provinces and the interested public bodies, subscription from Members and the sale of Pakistan Standards.
5. The objects of the Institution have been enumerated in the memorandum of association which lays down that the Society shall go by the name of Pakistan Standards Institution, with its registered office at Karachi.
6. It may also be noticed that in rule 3(a) of the Rules made by the General Council in exercise of the powers conferred by clause 43 of the Bye-Laws to the Rules and Regulations of the Institution, the Appointing Authority means in respect of class I posts, excepting the post of Director, the President of the General Council and in respect of Class-11 posts, the Director. Under these rules, the appellant being a Field Officer was in class-II and his Appointing Authority was the Director of the Institution. It also appears from these rules that matters regarding probation and its extension, confirmation, termination of service, seniority, promotion and retirement are all within the control and jurisdiction of the Institution.
7. Reliance in support of the appellant's case has been placed upon section 2(i)(b) of the Civil Servants Act, 1973 which lays down that a civil servant means a person who is a member of an All Pakistan Service of a Civil Service of the Federation, or who holds a civil post in connection with the affairs of the Federation. It was contended at the Bar that the Institution was set up by the Federal Government and the Government grants constituted one of its financial resources. Reference has also been made to the fact that under the resolution, the Minister inching of the Ministry of Commerce and Industries is the President of the Institution and one of the Vice-Presidents is the General Secretary of the Ministry. It was also pointed out that the Rules and Regulations of the Institution were made with the approval of the Federal Government. In addition, one of its functions was to consider and recommend National standards to the Government for the measurement of length, weight, volume and energy. On the basis of these facts it was argued that the appellant has been holding a civil post in connection with the affairs of the Federation.
8. We feel no hesitation in saying that the arguments are without substance, irrespective of the presence of those circumstances. Reference may be made, with advantage, to section 5 of the Civil Servants Act, 1973 which provides that appointments to an All Pakistan Service or to a civil service of the Federation or to a civil post in connection with the affairs of the Federation, including any civil post connected with defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf. It has already been noticed that the appellant was appointed by the Director of the Institution and all matters regarding his service are within its domain. He was neither appointed by the President nor any person authorised by him and it cannot, therefore, be said that he was holding a civil post within the meaning of section 2(1)(b) read with section 5 of the Act. For authority in support, we might make a reference to 1986 SCMR 1063, where a similar question had arisen for determination by the Supreme Court.
9. As for the argument that the appellant has been working in connection with affairs of the Federation, reliance may be placed at Dr. Munawar Hussain Chaudhri v. Central Public Service Commission, Karachi 1972 PLC 624 where the Lahore High Court noticed the following four criteria to be applied for finding out as to whether a person is a civil servant:- "(i) Whether the office is held during the pleasure of the President or a Governor within the meaning of Article 176 of the Constitution of 1962?
(ii) Whether the appointment or dismissal is made by the President or a Governor or by a person authorised by them within the meaning of Article 178(1)?
(iii) Whether the rules applicable to such service are made by the President or a Governor or by a person authorised by them in this behalf under the Constitution within the meaning of Articles 174 and 178(2)?
(iv) Whether the selection of suitable persons for appointment of persons in service of Pakistan can be made through the Central or Provincial Public Service Commissions under Articles 185 and 186 respectively?"
10. It was observed that if these four criteria are satisfied, a person will be held to hold his office in connection with the affairs of the. Federation and he shall be deemed to be in the service of Pakistan. Here, in the present case, none of these four criteria seems to have been fulfilled. The appellant was neither appointed by the President nor by any person authorised by him. Nor, for that matter, he served during his pleasure. The Rules applicable to him were made by the Institution and his selection was not through the Public Service Commission. He cannot, therefore, be said to have held any office in connection with the affairs of the Federation within the meaning of section 2(1)(b) of the Act.
11. For these reasons it is held that the appellant is not a civil servant within the meaning of section 2(a) of the Service Tribunals Act, 1973, that his appeal was not competent under section 4(1) and that the Tribunal has no jurisdiction to decide it. It is accordingly dismissed as being incompetent without any order as to costs.
12. Parties to be informed.