' ABDUL HAMEED KHAN KHATTAK (MEMBER).---The appellant has called in question the propriety and legality of the order, dated 7-1-1997, passed by respondent No,3, thereby terminating the service of appellant.
2. Concisely the facts as to be gathered from the record placed before this Tribunal are that the appellant was appointed as Superintendent-Cum-Accounts Assistant in Fauji Foundation Model School, Lachi, District Kohat on 25-4-1988 (Annexure-A). His services were terminated with effect from 11-1-1997. Vide, order Annexure-B, he made and appeal to respondent No,1 on 13-1-1997 for reinstatement in service (Annexure-C) and his such request was turned down on 30-1-1997 vide order Annexure-D. It is, however, the version of the appellant that in the meanwhile the said termination order was cancelled and the appellant was asked to report back to the office as per letter, dated 20-1-1997 but once again his services were terminated by a letter, dated 30-1-1997, whereafter the appellant continued corresponding with the respondents by way of legal notices etc., and he filed a Writ Petition in the High Court bearing No,1177 of 1997 with a view to have access to the rules and documents which allegedly the respondent-department was refusing to deliver to him but in vain as despite all the recourses at his command, no such rules and regulations were supplied to him as in the absence of the same the appellant was in dark as to the correct forum where from he could get redressed his grievance but none of his such effort could bring any fruit meaning thereby that he had all along been groping in the dark as to the specification of the exact forum for non-availability of such rules and ultimately he preferred this appeal by claiming himself to be a civil servant in view of the newly added section 2-A, in the Service Tribunal Act, 1973.
3. The respondents controverted the above assertions by filing the objections/parawise comments.
At the very outset legal objection with regard to jurisdiction of this Tribunal was raised as it was asserted that no rules whatsoever were framed by the respondents to govern the terms and conditions of the employee, Fauji Foundation was a non-statutory organization and the relationship between the appellant and the respondent was that of master and servant and that this organization was not owned or controlled by the Federal Government, thus, its employees were not civil servant and this Tribunal lacked jurisdiction in the matter. It was vehemently denied that the appellant was ever reinstated as alleged by him in the memo. Of Appeal rather it was maintained that if there was any such alleged reinstatement order, the same must be to be deemed as fabricated one thus according to the respondents, there was only one termination order and his appeal was rejected by the competent Authority. With regard to merits it was maintained that a full-fledged inquiry was conducted and as a result misconduct stood proved, hence, the impugned order of his dismissal was a lawful order passed by a competent Authority.
4. Arguments heard, record perused.
5. Learned counsel for the appellant strenuously argued that no doubt Fauji Foundation was established under the Charitable Endowments Act, 1890, this organization, however, it controlled by the Federal Government and/or the Federal Government has a controlling share/interest in it thus, in view of the newly added section 2-A, in the Service Tribunals Act, 1973, the employees of such an organization shall be deemed to be civil servants for the purpose of this Act. He, in this regard, also referred to Police Foundation, Shaheen Foundation and lastly that in view of sections 3 and 4 of the Charitable Endowments Act, 1890, the Treasurer of such organization is appointed by the Federal Government to deal with moveable or immoveable property of such organization and further that the Chairman of the Board of Directors being Executive Body is always a serving Defence Secretary and even members of a Committee of Administration are serving Army Personnel and that its beneficiaries are ex-servicemen as well as serving Army Personnel thus in the view of the matter, it cannot be denied that the Federal Service Government has a controlling interest in this organization thereby fulfilling the definition of a civil servant as envisaged under section 2-A, of the Service Tribunals Act, 1973. These contentions were hotly controverted and opposed by the learned counsel for the respondents by maintaining that the respondent-organization is not a statutory body and does not have any rules framed regarding terms and conditions of service of its employees and that the relationships of master and servant exists between this organization and its employees and as none of its employee is a civil servant, hence, this Tribunal does not have any jurisdiction in the matter.
6. We have considered these contentions and have also gone through the relevant record.
7. A Booklet was produced by the learned counsel for the respondents during the course of arguments with regard to certain features throwing light with regard to various matters relating to Fauji Foundation which can help a lot to resolve the matter in issue.
8. As per this Booklet, it is manifest that Fauji Foundation originated at the end of World War-1I. It was constituted as a Charitable Trust incorporated under the Charitable Endowments Act, 1890 and is devoted exclusively to the welfare of ex-servicemen of the Armed Forces of Pakistan, their families, and the wives and children of Shaheeds. Fauji Foundation is an independent legal entity. It is a Charitable Trust and its Committee of Administration is the Supreme and the governing body. It does not receive any financial assistance from either the Federal or any Provincial Government nor does it receive any contribution or donation from any agency or individual rather it is an entirely self-supporting welfare organization for the welfare of ex-servicemen and their families. It operates in the Private Sector and all expenditures on its diverse welfare activities have always been met with funds generated by its own industrial and commercial projects. The aim of this organization is to generate and provide funds for the welfare of its beneficiaries and their dependents (ex- servicemen). The proceeds of the Foundation are invested in industrial undertakings or otherwise at the discretion of the Committee of Administration and any income therefrom is to be utilized for the collective benefit of the beneficiaries and their dependents. The Foundation shall not be used for contributing towards measures which is responsibility of the Government to take for the benefit of the public in general as a part of its development and social welfare and no cash grants shall be made to individuals. At page 3 of the same, it is manifestly given that the beneficiaries of Fauji Foundation are only released, retired and discharged personnel of the Regular Armed Forces (Army, Navy and Air Force) who are citizens of Pakistan or State subject as defined in Azad Jammu and Kashmir Interim Constitution Act, 1974, legally wedded wives and widows, sons of ex- servicemen upto the age of 18 years, unmarried daughters of ex-servicemen and divorced daughters until remarried, invalid sons of ex-servicemen irrespective of age for medical treatment.
And parents of Shaheeds for medical treatment.
9.In order to administer the affairs of this organization, there is a Committee of Administration composed of following who are ex officio members of the Committee:-- {{TABLE}} Chairman Members Secretary Secretary, Ministry Defence Chief of the General Staff Pakistan Army Adjutant General Pakistan Army Quartermaster General Pakistan Army Master General of Ordnance Pakistan Army Deputy Chief of Naval Staff (Personnel) Pakistan Navy Deputy Chief of Air Staff (AdMn) Pakistan Air Force A retired Army Officer" {{TABLE}}
10. Fauji Foundation has a Board of Directors which is in fact the Executive Body responsible for efficient functioning of all the industrial and welfare projects being run by the Fauji Foundation and the Managing Director is the Chief Executive. It is headed by a Chairman, who is Defence Secretary, its Vice-Chairman and Managing Director, the Director (Welfare), Director (Industries), Director (Sugar), Director (Finance), Director (Planning & Development) and Secretary, all of them are retired Army Officer except Director (Finance) who is a Civil Officer.
11. A reproduction of the various facets of this organization from this Booklet would undoubtedly go to establish and reveal that none of the serving Army Officer is attached with this organization except the Chairman of Board of Directors or Secretary of the Committee of Administration who are ex-officio holding such designation in the Organization. This organization was not created by the Federal Government nor is controlled in any manner by the Central Government and similarly such government is not its beneficiary nor this organization is funded by the Federal Government. The sole purpose of its creation was welfare and well being of its beneficiaries i,e, ex-servicemen and their dependents. The Federal Government does not have any controlling share or interest in this organization. In this view of the matter, the ingredients as required under section 2-A are very much missing thus, the employees of such organization cannot be legally said to be enjoying the status of civil servants for the purpose of Service Tribunals Act.
12. It is the case of the respondent that this organization does not have any rules framed rather its employees are to be dealt with in matters of their service as per the terms laid down in the letters of their appointment i,e, the relationship of master and servant exists between the Fauji Foundation and its employees. This contention seems to be much weighty and submission of the learned counsel for the appellant that Fauji Foundation is at par with Police Foundation or Foreign Service Foundation does not seem to be of much substance as in these organizations even the serving personnel are the beneficiaries of such Foundation but this is not the case viz-a-viz Fauji Foundation as serving Personnel are excluded from the list of beneficiaries and similarly there are many other distinguishing features, thus, there does not exist any analogy between Fauji Foundation and Police Foundation etc.
13. For the aforesaid reasons, we are of the considered view that the above legal objections raised on behalf of the respondents seem to be much weighty and we do not feel any hesitation in concluding that the employees of Fauji Foundation do not enjoy the status of civil servants for the purpose of Service Tribunals Act, hence this Tribunal lacks jurisdiction to decide the appeal which is disposed of accordingly.
14. Copies of the judgment be sent to the parties concerned by registered post.