Court rules employees of autonomous bodies or cantonment boards aren’t automatically civil servants
ISLAMABAD:
Supreme Court of Pakistan has decided that employees of cantonment boards are not considered civil servants under the law. The decision came in response to a petition involving a former employee of the Sialkot Cantonment Board, who challenged disciplinary actions taken against him.
The case revolves around Qaiser Mehmood, who was discharged from service after allegations of misconduct, including the subletting of government accommodation. After his discharge, Mehmood filed a service appeal, which the Federal Service Tribunal (FST) upheld, ordering a de novo inquiry.
The cantonment board, however, contested the tribunal’s jurisdiction, arguing that Mehmood was not a civil servant and thus could not invoke the jurisdiction of the FST.
Justice Muhammad Ali Mazhar, in his judgment, noted that the core issue was whether employees of the cantonment boards can be classified as civil servants, thereby enabling them to seek redress through the FST.
He elaborated on the legal definitions, referencing previous cases and statutes, such as Section 2A of the Service Tribunal Act, which had initially allowed employees of certain bodies like the cantonment boards to be deemed civil servants. However, this provision was later omitted in 2010.
“The bone of contention in this case is whether employees of Cantonment Boards are civil servants and whether they can invoke jurisdiction of the FST against any disciplinary action under the provisions of Service Tribunal Act 1973 (STA 1973) read with Article 212 of the Constitution of the Islamic Republic of Pakistan 1973 (Constitution),” read the judgement.
The court further cited the case of Muhammad Mubeenus Salam versus Federation of Pakistan (PLD 2006 SC 602), where the court emphasised that the legal status of a civil servant is defined by Section 2(1)(b) of the Civil Servants Act (CSA) 1973, which specifies that civil servants are members of All Pakistan Services or hold posts in connection with the affairs of the Federation.
Also Read: PM Shehbaz orders steps to expand housing finance access for low-income citizens
The court concluded that employees of autonomous bodies or local authorities like cantonment boards could not be automatically deemed civil servants. “Every civil servant is in the service of Pakistan, but every person in the service of Pakistan is not a civil servant,” the judgement stated.
The court explained that after the discontinuation of Section 2A of the STA 1973, employees of the cantonment boards are no longer covered under the jurisdiction of the FST.
“The Cantonment Board employees cannot approach and institute the service appeal relating to their terms and conditions of service in FST and the appropriate legal forum is the High Court under Article 199 of the Constitution.”
It concluded, “The impugned judgment was passed without jurisdiction, and the service appeal of the petitioner before the FST is dismissed. The directions contained in the office order to hold a de novo inquiry shall be complied with within three months.”
