1. ' JALAL-UD-DIN AKBARJI (CHAIRMAN). Muhammad Riaz, Sub-Inspector of Police Northern Areas, appellant herein, has filed this appeal on 28-11-2000 for determining his seniority fixed by an Office Order No,3023-26/84, dated 8th October, 1984, issued by the Office of the D.I.G. Police Northern Areas, Giligit which, the appellant states, had come to his notice/knowledge in the last week of July, 2000. The appeal was fixed for preliminary hearing on 1-12-2000 and the following order was passed: "Before: Mr. Justice (R.) Jalai-ud-Din Akbarji, Chairman, Dr. Akhtar Hasan Khan, Member.
2. ' Present: Mr. Abdul Rshid Saqib, Advocate for the Appellant.
3. ' It was pointed out to the learned counsel for the appellant that Muhammad Raiz, Sub-Inspector of Northern Areas Police, appellant herein, is not holding any post in connection with the affairs of the Federation and that this Tribunal has no jurisdiction over the Northern Areas or the person employed by the management of the Northern Areas. It was further pointed out that appeal in this Tribunal is filed under section 4 of the Service Tribunals Act, 1973 by a civil servant who is aggrieved of an order passed by departmental authority. The-appellant is neither a civil servant nor a departmental authority has passed any orders in respect of his terms and conditions of service within the meaning of section 4 of the Act read with section 2(1)(b) of the Civil Servants Act, 1973.
4. Moreover, the Northern Areas also do not fall within the jurisdiction of the august Supreme Court of Pakistan and, therefore, any judgment by this Tribunal in respect of employees of the Northern Areas will not be able to file any appeal in the august Supreme Court of Pakistan. Consequently for the reasons recorded in the judgment, the appeal is returned to the appellant for presentation before any forum, Court, Tribunal or Authority, if advised so. The appeal is disposed of accordingly.
5. ' Announced in open Court.
6. (Sd.)
7. Chairman.
8. (Sd.)
9. Member."
2. It is an admitted fact that Police Organisation in Northern Areas has its own establishment from Constable right upto the Inspector-General of Police. The Constable and Officers of the Police of Northern Areas consist of persons resident/domiciled in Northern Areas. The Northern Areas, as mentioned, again and. Again, is not a Constitutional word but generally it is appreciated that it consists of Areas/Districts known as Diamir, Gilgit, Ghizar, Skardu (Baltistan) and Ghanche, under the control of Officers of Pakistan posted in Northern Areas. It is also admitted fact that persons in service of Pakistan of various groups i,e, D.M.G., Police, Health, Engineers of Roads and Buildings, Education, Audit and Accounts, except the Judiciary (of Northern Areas) are posted in Northern Areas and while posted as such having a grievance in respect of their terms and conditions of service file appeals in this Tribunal even while posted in Northern Areas and the appeals are heard and decided by this Tribunal. Since it is pointed out that previously this Tribunal was hearing and deciding the appeals of the employees of Northern Areas as aforementioned, therefore, this Tribunal should continue hearing of the appeals of empoyees/civil servants of Northern Areas employed therein, therefore, the abovementioned order was passed and the following is the detailed judgment.
10. 3, The "services" are mentioned in Article 240 Part XII Miscellaneous-Chapter 1 of the Constitution as under: "240. Appointments to service of Pakistan and conditions of service.- --Subject to the Constitution, the appointments to and the conditions of service of persons in the 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.
11. Explanation. ---In this Article 'All Pakistan Service' means a service common to the Federation and the Provinces, which was in existence immediately before the commencing day or which may be created by Act of (Majlis-e-Shoora (Parliament)."
12. ' Art. 260 of the Constitution defines service of Pakistan as under: '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 the Act of (Majlis-e-Shoora (Parliament) or of a Provincial Assembly, but does not include service as Speaker, Deputy Speaker, Chairman, Deputy Chairman, Prime Minister, Federal Minister, Minister of State, ' Chief Minister, Provincial Minister, (Attorney-General, Advocate-General), Parliamentary Secretary or (Chairman or member of a Law Commission, Chairman or member of the Council of Islamic Ideology, Special Assistant to the Prime Minister, Advisor to the Prime Minister, Special Assistant to a Chief Minister, Adviser to a Chief Minister) or member of a House or a Provincial Assembly;"
13. ' The service also mention Pakistan, therefore, reference to Article 1 of the Constitution is necessary, which is as under: "1. The Republic and its territories. ---(1) Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan, hereinafter referred to as Pakistan.
(2) The territories of Pakistan shall comprise---
(a) the Provinces of Balochistan, the North-West Frontier, the Punjab and Sindh;
(b) the Islamabad Capital Territory, hereinafter referred to as the Federal Capital;
(c) the Federally Administered Tribal Areas; and
(d) such States and territories as are or may be included in Pakistan, whether by accession or otherwise.
(3) Majlis-e-Shoora (Parliament) may by law admit into the Federation new States or areas on such terms and conditions as it thinks it."
14. The above territorial definition of Republic of Pakistan does not mention any Area as Northeran Area. The necessary corollary will be that persons employed in the Northern Areas for the Northern Areas only will not be and are not in the service of Pakistan and, therefore, the services of the persons serving in the Northern Areas will not be transferable anywhere in Pakistan.
4. This Tribunal has been constituted under Article 212 of the Constitution to exercise exclusive jurisdiction in respect of matters relating to the terms and conditions of persons who are or have been in the service of Pakistan (the underlining is ours) including disciplinary matters under the Service Tribunals Act, 1973 (Act No, LXX of 1973) (hereinafter called the Act). The Tribunal has the jurisdiction to hear the appeals under section 4 of the Act of the 'civil servant' as defined in section 2(a) of the Act which refers to the definition of civil servants as given is section 2(1)(b) of the Civil Servants Act, 1973, as under: "2(1) (b). 'civil servant' means a person who is a member of All Pakistan Service or 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 defence, but does not include--
(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 work-charged basis or who is paid from contingencies; or
(iii) a person who.Is a 'worker' or 'workman' as defined in the Factories Act, 1934 (XXV of 1934), or the workman's Compensation. Act, 1923(VIII of 1923)."
15. ' The Tribunal on hearing appeals has powers to confirm, set aside, vary or modify the order appealed against under section 5(1) of the Act. The above Constitutionals provisions and the Act do not include civil servants employed in Northern Areas and for the Northern Areas. It is reiterated that this Tribunal has the jurisdiction and powers of hearing and deciding the appeals of a civil servant in the service of Pakistan. The Federal Government has been delegated the powers under section 8 of the Act by the Legislature to make rules for carrying out the purposes of the Act. The Legislature/Parliament of Pakistan allocates money for expenditure upon the Federal Service Tribunal in its annual budget. The Federal Government and the President makes appointments of Chairman and -Members and other officers and the employees of the Tribunal and its functions according to its jurisdiction and powers. Therefore, the hearing of any appeal of a person/civil servant of Northern Areas will be misuse of the funds allocated to this Tribunal for hearing and deciding the appeals of civil servants in the service of Pakistan. The wrong practice as referred to before will not be a legal precedent for this Tribunal. This Tribunal is already choked with the appeals of civil servants and/or deemed to be civil servants under section 2-A in spite of the fact that the present Tribunal constituted under the Act is to decide the appeals only in the cases referred in section 4(2)(a) of the Act /Therefore, this Tribunal will not misuse the money at the cost of the appeals of the civil servants in the service of Pakistan for which it has been given the jurisdiction to decide. The exercise of jurisdiction by this Tribunal beyond the provisions of the Constitution and the Act will be void, without jurisdiction and of no legal effect., ' The above are the reasons for the orders dated 1-12-2000 for returning the appeal to the appellant. The appeal is disposed of in the above terms.