Find a Lawyer

Appeal No. 64 (R) of 1977, decided on 3rd August, 1977.

‑‑Ss. 2 (a) & 4 read with Civil Servants Act (LXXI of 1973), S. 2 (b) Jurisdiction of Service Tribunal-‑ Islamic Research Institute constituted by President under Art. 207 of Constitution of Pakistan (1973)‑Administration and management of Institute vesting in Governing Body or Board of Governors‑Regulations governing Service of employees making Government Servants (Efficiency and Discipline) Rules, 1960 applicable to its employee‑‑ Employee of Institute though by adoption governed by rules applicable to civil servants not a civil servant, and not holding a civil post ‑ No appeal from such employee lies to Service Tribunal.

The petitioner joined the post of Circulation Manager in the Islamic Research Institute of Pakistan on 12‑5‑1975, on the terms and conditions indicated in the Office Order No. 7 (8)‑IRJ/75‑Admn. 657, dated 12‑5‑1975.

2. In terms of para. 2 of the aforesaid letter of offer of appointment and for the reasons recorded in Secretary I R I's Office Order No. 2(7)/IRI/76 Estt., dated 29‑5‑1977 the petitioner's services were terminated With effect from 30‑5‑1977. He was allowed salary for a fortnight in lieu of notice.

3. No departmental appeal was filed, as it is argued that no depart mental appeal lies to‑any higher authority, in accordance with the Institute's (Service and Administration) Regulations, 1966.

4. It has therefore been prayed that the appeal be accepted and the impugned order terminating the services of the appellant be set aside and he be re‑instated with‑All the consequential benefits.

5. In this case, the point for determination is whether the petitioner is a 'Civil Servant' within the meaning of section 2 (b) of the Civil Servants Act, 1973 (Act No. LXXI of 1973) and the petition entertainable under section 4(1) of the Service Tribunals Act, 1973.

6. The Institute was established by the President of Pakistan, under the provisions of Article 207 of the Constitution and came into being vide Notification No). 24 (23)/65‑A, dated 24th July, 1965. The adminis tration and management of the Institute vests in the Governing Body or a Board of Governors.

7. According to the petitioner, the employees being governed by Government Servants Efficiency and Discipline Rules, 1966, as modified from time to time, he is Government/Civil Servant. Reliance is placed on Regulation 17 of the (Service and Administration) Regulations, 1966.

For facility of reference, this is reproduced below :‑

17. Discipline.‑(1) The provisions of ‑the Government Servants (Efficiency and Discipline) Rules, 1960, as modified from time to time shall, with necessary adaptation be applicable to the personnel of the Institute, except as otherwise indicated by the Board.

(21 All employees shall be entitled to one appeal from...

8. It would be seen that the Rules, 1960, as modified from time to time, would be applicable to the personal of the Institute with necessary adaptation, except as otherwise' indicated by the Board.

This would indicate that the employees of the Board are under the rule‑making control of the Board and not the Government.

Sub‑Regulation (2) further indicates that the employees shall be entitled to one appeal.

No departmental appeal having been filed, this appeal would be premature.

Further, not being a Civil Servant, and not holding a Civil Post under' the Government, no appeal lies to the Tribunal.

The petition, not bang entertain able is dismissed in limine.

Appeal dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.