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Appeal No. 414(R) of 1984, decided on 7th November, 1985.

‑‑‑Ss. 2(a) & 4‑‑Service Regulations (S.R.) 2(2)‑‑"Civil servant"‑ Person appointed as a trainee with condition for appointment on satisfac tory completion of training and allowed fixed pay during training‑‑Not a "civil Servant" but apprentice during training period‑‑Not within jurisdiction of Service Tribunal.

Sajjad Ahmed Loan for Appellant.

Muhammad Amir Akbar Khan for Respondents.

Date of hearing: 6th November, 1985.

.‑‑The service of the appellant, Zafar Ilyas, who was undergoing training, as Survey Trainee, was terminated by Order No. 64‑C/4‑A‑PF, dated 18‑7‑1984 of the Surveyor‑General of Pakistan. He has challenged the order of his termination from service by way of appeal before this Tribunal on 18‑9‑1984. The learned counsel for the respondent‑department has raised a preliminary objection that this Tribunal has no jurisdiction as the appellant was still a trainee (apprentice) and as such held no post in connection with the affairs of the Federation. The learned counsel for the respondent /department drew our attention to S.R. 2(2) which lays down:‑‑

"S.R. 2(2).‑‑Apprentice means a person deputed for training in a trade or business with a view to employment in Government service, who draws pay at monthly rates from Government during such training but is not employed in or against a substantive vacancy in the cadre of a‑ department."

The letter of the appointment of the appellant which has been placed on file states that:‑‑

"As a result of test and interview referred to above you have been selected as Survey Trainee, against merit quota in this Department and fixed pay @ Rs.290 p. m. on the minimum of Revised National Pay Scale No. 5 (290‑10 .. 540) plus usual allowances as admissible under the rules from time to time during the training period. You will remain under training for a period of 2 years. On satisfactory completion‑‑of‑‑the training period you will be appointed as Assistant Technician (specified trade) in Scale No. 7. You will remain on probation for a period of one year from he date of your appointment which is further extensible for a period of 6 months at a time till its successful completion."

Departmental Order No. 13 (1983), dated 3‑5‑1983 which also relates to the appointment of the appellant specifically says that:‑‑

"Trainee (apprentice) whose progress or conduct is unsatisfactory shall be discharged at any time without notice during the training period. "

2. A perusal of the two documents indicates that the appointment of the appellant was as an apprentice as indicated in S.R. 2 (2) and the fixed pay of Rs.290 p.m. given to him was broadly as a stipend during the training period. It was only "on completion of the training period satisfactorily", that he may be "appointed as Assistant Technician (specified trade in scale 7)."

3. The appointment of the appellant as a "trainee" as such was with a view "to employment in Government service" and at the time his services were terminated, he was not a civil servant within the meaning of Civil Servants Act, 1973.

4. Without going into the merits of this case, the appeal as such is dismissed for want of jurisdiction with no order as to costs

A. E.

Appeal dismissed

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