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MUHAMMAD MUBEEN-US-SALAM AND OTHERS versus FEDERATION OF PAKISTAN THROUGH SECRETARY, MINISTRY OF DEFENCE


Article 260 Service Tribunals Act (LXX of 1973), Section 2A Civil Servants Act (LXXI of 1973), Section 2 (1) (b) Article 260 of the Constitution gives the legislature the power to declare any service a service. Article 260 of the Constitution, under or under an Act of Parliament, nevertheless does not give the Legislature the power to declare any person present in the service of Pakistan, using expression based on the legal fiction of the legislature. Under section 2A shall be considered. Under the Service Tribunal Act, 1973, civil servants are allowed to enjoy the status of a civil servant, even those who are excluded from their appreciation under section 2 (1) (b) of the Civil Servants Act 1973 , Which includes a person, who is a contract employee, Article 260 of the Constitution does not mandate the legislature to serve any person in the service of Pakistan, and this provision is enforced by the Service Tribunals Act, 1973. Considered a public servant for the purpose. The mployee is exempted from the definition of the Civil Servants, incorporated in the Civil Servants Act, 1973, after which the legal provision for public servants shall not apply to the Expression Service of Pakistan used in Article 260 of the Constitution in which the Civil Servant's There is a wider meaning than the term. Civil Servants Act, 1973. On the contrary, it is not true when the Civil Servant is included in the expression of Servant Pakistan, as stated in the Civil Servants Act 1973, which is the only category of the Service of Pakistan which has This is mentioned in Article 260 of the Constitution. It can be said that although members of the armed forces fall into the category of Pakistan, they are civil servants in the sense of the Civil Servants Act 1973, and the Service Tribunals Act 1973.

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