' SYED ALLY MADAD SHAH (CHAIRMAN).---Appellant Mr. Abdul Qayyum was serving as a Stenographer (Grade-14) in the Law Division when he was appointed as a temporary Private Secretary (Grade-16) in the Federal Shariat Court with effect from 1-6-1980. Notification of his appointment, as such, was issued on 20-8-1980. He continued serving there until order of his repatriation to his parent department was issued by the Federal Shariat Court under U/O No,1(51)/80-Admn. FSC, dated 24-1-1989. He preferred departmental appeal against the said order of the Full Bench of the Federal Shariat Court on 12-2-1989, representing that he had become regular employee of the Federal Shariat Court and he was not to be reverted to the Justice Division.
His appeal was not entertained by the Federal Shariat Court despite his repeated efforts. Ultimately, he preferred this appeal on 10-6-1989 to seek following relief:- "the impugned order of the appellant's reversion from the post of Private Secretary (B-17) of the Federal Shariat Court to the post of Stenographer (B-16) in the Justice Division may be set aside being void and without lawful authority and the appellant may be declared as regular Private Secretary of the Federal Shariat Court and ordered to continue as such with effect from the date of his illegal reversion with all consequential benefits."
2. The contention of the appellant is that his appointment in the Federal Shariat Court was on regular basis and he had become regular employee of the Federal Shariat Court and he could not be repatriated to the Justice Division. Since the appellant claims to be a regular employee of the Federal Shariat Court, there arises a jurisdictional question whether the appellant is a 'civil servant' to seek relief from this Tribunal. By virtue of Article 208 of the Constitution, the Federal Shariat Court is empowered to make rules providing for the appointment of its officers and servants and to provide for the terms and conditions of their employment. The Federal Shariat Court has made the requisite rules known as "The Federal Shariat Court (Terms and Conditions of Service of Staff) Rules, 1982. 'Civil Servant' defined in clause (b) of subsection (1) of section 2 of the Civil Servants Act, 1973 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 Federation, including any such post connected with the Defence except (i) a person who is on deputation to the Federation from any Province or other authority; (ii) a person who is employed on contract or on workcharge basis or who is paid from the contingencies; (iii) or a person who is a 'worker' or 'workman' as defied in the Factories Act, 1934, or the Workman's Compensation Act, 1923. It is provided under section 5 of the Civil Servants Act, 1973 that appointments to an All-Pakistan Service or to a Civil Service of the Federation or to a civil post in connection with affairs of the Federation, including any civil post connected with the Defence, shall be made in the prescribed manner by the President or by a person authorised by the President in that behalf. Since the officers and servants of the Federal Shariat Court are appointed by the Federal Shariat Court, they are not 'civil servants' within the definition of the term contained in the Civil Servants Act, 1973. Jurisdiction of the Service Tribunal extends to the civil servants only. Thus, this Tribunal does not have jurisdiction to entertain the appellant's appeal as framed and give him relief prayed for. The appeal is, therefore, dismissed, with no order as to costs.