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Appeals Nos.9 and 19 of 1983, decided on 19th November, 1984.

‑‑‑S.2(1)‑‑Sind Service Tribunals Act (XV of 1973), Ss.2(a) & 4‑ Officials of Federal Security Force on its disbandment offered to Sind Government for absorption in Sind Police‑‑Continuing to draw salary against sanctions issued by Federal Government pending their absorption but ultimately not absorbed‑‑Federal Government not issuing further sanction hence order of termination of services communicated by Commandant Sind Constabulary‑‑Such officials, in circumstances, held, having not been absorbed in Sind not covered by definition of "Civil Servant" under Sind Civil Servants Act, 1973 and till termination continued to be members of Civil Service of Federation of Pakistan‑ Communication of termination order by Commandant Sind Constabulary would not make them Civil Servants of Sind‑‑Appeals against termination orders, in circumstances, held, not within jurisdiction of Sind Service Tribunal and should have been filed before Federal Service Tribunal.

Usman Ghani Rashid for Appellants.

Hasan Akbar, A.A. ‑G. for Respondents.

Date of hearing: 14th November, 1984.

‑‑ These are two connected appeals in which common questions of law and fact are involved and they will be disposed of by this judgment.

The facts in brief are that the appellants were Assistant Sub Inspectors in the Federal Security Force and they had worked there upto 30‑11‑1977, when the Federal Security Force was disbanded. The surplus force was thereafter offered for absorption to F.C. Baluchistan, Coast Guards etc., but they expressed their inability to absorb them. By a subsequent communication the members of the Force were offered for absorption to the Provinces, viz., 1242 to Punjab, 1368 to Sind Police, 785 to Sind Constabulary and the rest to Baluchistan. Under letter dated 18th February, 1978 the Government of Pakistan wrote to the Chief Secretary, Government of Sind, that efforts be made for the absorption of such staff in the normal wastage before 30‑6‑1978. In the cadre of Assistant Sub‑Inspectors 33 Members of F.S.F. had been offered to Sind Police and 19 to Sind Constabulary. Out of these, 14 were absorbed the Police Proper including Sind Constabulary and a balance still remained for absorption. Subsequently, four senior most A.S.Is. who had done Intermediate School Course were taken up on different dates. Five more Assistant Sub‑Inspectors were absorbed in the Crime Branch. By 28‑10‑1979 .six more A.S.Is. were taken up, but there still remained 26 A.S.Is. to be absorbed. The Government of Sind, Home Department, therefore, asked Federal Government to sanction continuance of the remaining members of the Force still waiting for absorption up to the end of the Financial year, viz. 31‑5‑1980. This letter was issued by the Home Department, Government of Sind in December, 1979. However, no further sanction was received and the Government of Sind could not, therefore, make any further payments to the members of this Force, who had not been absorbed, on behalf of the Federal Government. Consequently, by letter dated 2nd January, 1980 these 26 A.S. Is. were informed that due to non‑receipt of further sanction beyond 31st December, 1979, and their non‑absorption in Sind Police, their services were being terminated.

These 26 A.S.Is. filed appeal td Inspector‑General of Police, Sind against the termination of their service. The officers were then directed to appear for recruitment in the regular Police force of Sind with the requisite certificates of permanent residence, domicile and educational qualifications on 24th and 25th June, 1980, but they did not appear for interview. Twenty‑two of these officers then preferred constitutional petition in the High Court of Sind being Petition No. D‑1082 of 1980. Their contention was that they had not been absorbed in the Sind Police and Sind Constabulary due to malice and their termination of service was mala fide and without jurisdiction. It was held by the Division Bench relying upon the earlier decisions, viz., P L D 1979 Kar. 160 and P L D 1980 S C 153, that the writ petition was not competent in service matters when the petitioners alleged breach of the terms of service or violation of the principles of natural justice. The petitioners then filed appeals before the Sind Provincial Service Tribunal.

It is an admitted fact that the appellants belong to Federal Security Force which was a Federal Government Police Organization. The Force was then disbanded by the Federal Government and the Provincial Governments were asked to make efforts to absorb the surplus personnel. The Sind Government absorbed most of these members of the F.S.F. who fitted in the regular Police Cadre or Sind Constabulary, but 26 A.S.Is. still remained to be absorbed because there were no posts of A.S.Is. in the Sind Constabulary and these officers did not have the qualifications for absorption as A.S. Is. in the regular Police Force. They were being paid the salaries according to the sanction for their continuance issued by the Federal Government. Thereafter they were informed that there was no further sanction and their services had to be terminated.

Therefore, for all practical purposes the appellants were members of the Civil Service of the Federation of Pakistan and they continued to be so till the sanction of the Federal Government for their continuance expired, In any case the appellants were at no time absorbed in the service of the province and just because the order of their termination of service was communicated to them by Commandant, Sind Constabulary, it could not be said that they were members of the Sind Police Force or Sind Constabulary,

The Sind Civil Servants Act defines "Civil Servant" in section 2(1) as under:‑

"Civil Servants means a person who is member of a Civil Service of the province or holds a civil post in connection with the affairs of the province, but does not include a person who is on deputation to the province from the federation."

This definition does not include the appellants as civil servants. The Sind Service Tribunal has jurisdiction only if any Civil servant is aggrieved by any final order passed against him. Under section 2(a) of the Sind Service Tribunals Act, 1973, Civil Servant is defined as under:‑

"Civil Servant means a person who is or has been a member of the Civil Service of the Province, or holds or has held a civil post in connection with affairs of the province, and for the purpose of any proceeding under this act includes a person who is or has been dismissed, discharged, removed or retired from such service or post as a consequence of the order of the departmental authority, but it does not include a person who is on deputation to the province from the federation."

The appellants were never absorbed in the civil service of the province and they were paid salary upto the santioned date on behalf of the federation. They were not, therefore, civil servants within the meaning of the Sind Service Tribunals Act, 1973. The Sind Service Tribunal has, therefore, no jurisdiction in respect of the proceedings challanging their discontinuance from the service of the Federal Security Force. The appeals should have been filed before the Federal Service Tribunal.

In the result the appeals are dismissed for want of jurisdiction. No order is made as to costs.

A. E. Appeals dismissed.

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