h1

1993 PLC (CS) 400

HADI BUX

V/S

GOVERNMENT OF SINDH

Constitution of Pakistan (1973), Articles 106, 240 & 260 —

Sindh Servants Act (XIV of 1973), Section 3 — Employees of Provincial Assembly — Status — Application of Sindh Civil Servants Act,1973, was restricted to only civil servants and not to all persons covered by expression “Service of Pakistan” — Like employees of Autonomous Bodies, a
person who was employee of Provincial Assembly, even if found to fall within definition of “Service of Pakistan”, would not be declared as civil servant on that basis.

Constitution of Pakistan (1973), Articles 106, 240 & 260 —

Civil servants Act (XIV of 1973), Section 3 — Sindh Provincial Assembly Secretariat (Recruitment) Rules, 1974, Rule 8 — Status of employees of Provincial Assembly — Terms and conditions of service — Determination of — employees of Provincial Assembly, were not civil servants as they were neither members of civil service or Province nor they were holding any civil post in connection with the affairs of a Province — Such employees were rather members of Assembly Service which was distinct from civil service of the Province and were holding posts in connection with the affairs of Provincial Assembly and not in connection with affairs of Province — Employees were governed by their own law and rules — In absence of an Act regulating recruitment and conditions of service of Provincial Asembly’s employees, Speaker in exercise of powers vested in him can frame Rules for said purpose and employees of Assembly were governed by said Rules rather than Act XIV of 1973.

Constitution of Pakistan (1973),  Articles 106 & 260 —

Sindh Service Tribunal Act (XV of 1973), Sections 2 & 4 — Employees of Autonomous Bodies — Status — Autonomous Bodies established by or under Provincial or Federal Law and working in connection with affairs of a Province or Federation though were not excluded from definition of “Service of Pakistan”, but their employees were not civil servants — Such employees did not bring their service grievances to service Tribunal, but would agitate same at other legal forums competent for their redressal.

Constitution of Pakistan (1973),  Articles 106 & 200 —

Sindh Service Tribunals Act (XV of 1973), Sections 2 & 4 — Employees of Provincial assembly — Status — Service of Provincial Assembly, eeven if was held to be covered by expression “Service of Pakistan”, that reason by itself would not entitle employee of said Asembly to be declared as civil servant — Every civil servant though could be said to be in service of Pakistan, but it was not vice versa.

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