Court rules that employees of autonomous bodies or cantonment boards are not automatically civil servants
ISLAMABAD:
The Supreme Court of Pakistan has ruled 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 challenging disciplinary action taken against him.
The case concerns Qaiser Mehmood, who was dismissed from service following allegations of misconduct, including the subletting of public housing. After his dismissal, Mehmood filed a service appeal which the Federal Service Tribunal (FST) allowed and ordered a de novo enquiry.
However, the Cantonment Board challenged the court’s jurisdiction, arguing that Mehmood was not a civil servant and therefore could not invoke the FST’s jurisdiction.
Justice Muhammad Ali Mazhar, in his judgement, noted that the core issue was whether employees of the cantonment boards can be classified as civil servants, enabling them to seek redress through the FST.
He elaborated on the legal definitions and referred to earlier cases and statutes such as Section 2A of the Service Tribunal Act which had originally allowed employees of certain bodies such as cantonment boards to be considered as civil servants. However, this provision was later omitted in 2010.
“The issue in this case is whether the employees of the Cantonment Boards are civil servants and whether they can invoke the jurisdiction of the FST against any disciplinary action under the provisions of the Service Tribunal Act 1973 (STA 1973) read with Article 212 of the Constitution of the Islamic Republic of Pakistan 1973 (the Constitution),” the judgment read.
The court further cited the case of Muhammad Mubeenus Salam versus Federation of Pakistan (PLD 2006 SC 602), where the court emphasized 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 all civil servants in Pakistani relations are members of the federal service of Pakistan or hold positions in Pakistani federations.
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The court concluded that employees of self-governing bodies or local authorities such as cantonal boards could not automatically be considered 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 judgment said.
The court explained that following the repeal of section 2A of the STA 1973, employees of the cantonal courts are no longer subject to the jurisdiction of the FST.
“The Cantonment Board employees cannot approach and initiate the service grievance regarding their terms and conditions of service in the FST and the appropriate legal forum is the High Court under Article 199 of the Constitution.”
It concluded: “The impugned judgment was rendered without jurisdiction and the petitioner’s appeal before the FST is dismissed. The directions contained in the office order to hold a de novo inquiry must be complied with within three months.”
