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SAEED MUHAMMAD KHAN versus UNIVERSITY OF BALUCHISTAN


Section 3 (3) of the Balochistan Service Tribunals Act (V of 1974), Section 2 (a) of the Balochistan Civil Servants Act (IX of 1974), the employee of section 3 of the Balochistan University Section 3 in connection with the affairs of the Province of Balochistan, therefore, the official. In the Employees Service Tribunal, the Balochistan University has jurisdiction to entertain appeals in relation to the terms and conditions of the employees.

1978 P L C (C. S. T.) 55

[Baluchistan]

Present : Fakhruddin H. Shaikh, Chairman, Malik Abdus Samad and Malik Habibullah Khan, Members

SAEED MUHAMMAD KHAN

Versus

UNIVERSITY OF BALUCHISTAN AND 4 OTHERS

Appeal No. 20 of 1977, decided on 5th February 1973.

University of Baluchistan Ordinance (I of 1970)‑-----

‑‑ S. 3(3)‑Baluchistan Service Tribunals Act (V of 1974), S. 2(a) Baluchistan Civil Servants Act (IX of 1974), S. 3‑Jurisdiction‑ Employee3 of Baluchistan University‑Persons engaged In connection with affairs of Province of Baluchistan, hence, civil servants‑Service Tribunal, held, possessed of jurisdiction to entertain appeals in respect of matters relating to terms and conditions of employees of Baluchistan University.

BLD 1965 SC 90 ref.

Jamil Khan Sherwani for Appellant.

Muhammad Khan Raisani for Respondents.

ORDER

FAKHRUDDIN H. SHAIKH (CHAIRMAN).‑----

Heard Mr. Jamil Khan Sherwani for the appellant and Mohammad Raisani, for the respondents on the preliminary objection that a University Employee is not a civil servant sad as such the appeal is not maintainable.

Subsection (3) of section 3 of the Baluchistan University Ordinance, 1972 provides that the University shall be a body corporate. Such body has been held by the Supreme Court in P L D 1965 S C 90 as statutory body constituted by the Government In connection with the affairs of the Province. This would naturally imply that an employee of the University is a person) engaged in connection with the affairs of the Province. He will therefor fall within the definition of a "civil servant" as provided in section 2(a) of the Baluchistan Civil Services Tribunal Act. The Tribunal has jurisdiction) to entertain appeals in respect of all matters relating to terms and conditions of service of civil servants of the Province under section 3 of the Baluchistan Civil Servants Act. We are therefore of the view that this Tribunal has jurisdic tion to entertain this appeal as it has been filed by a civil servant. The preliminary objection is therefore disallowed.

Objection overruled.

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