Court rules that employees of autonomous bodies or cantonment boards are not automatically civil servants
ISLAMABAD:
The Supreme Court of Pakistan has ruled that cantonment board employees are not considered civil servants within the meaning of the law. The decision followed a petition involving a former employee of the Sialkot Cantonment Board, who challenged the disciplinary action taken against him.
The case revolves around Qaiser Mehmood, who was removed from his post after allegations of misconduct, including subletting of government accommodation. After his release, Mehmood filed a service appeal, which the Federal Service Tribunal (FST) upheld, ordering a de novo investigation.
The cantonment board, however, challenged the jurisdiction of the court, arguing that Mehmood was not a civil servant and therefore could not invoke the jurisdiction of the FST.
Justice Muhammad Ali Mazhar, in his judgment, noted that the central question was whether employees of the cantonment boards could be classified as civil servants, thereby enabling them to seek relief from the FST.
He expanded on the legal definitions, referencing previous cases and statutes, such as Section 2A of the Military Tribunal Act, which initially allowed employees of certain agencies like cantonment boards to be considered civil servants. However, this provision was later omitted in 2010.
“The bone of contention in this case is whether the employees of the Cantonment Boards are public servants and whether they can invoke the jurisdiction of the FST against any disciplinary action under the provisions of the Military Tribunal Act, 1973 (STA 1973) read with Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973 (Constitution),” the judgment read.
The court further cited the case of Muhammad Mubeenus Salam v Federation of Pakistan (PLD 2006 SC 602), in which the court pointed out that the legal status of a civil servant is defined by section 2(1)(b) of the Civil Service Act (CSA) 1973, which specifies that civil servants are members of all services of Pakistan or hold positions in connection with the affairs of the Federation.
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The court concluded that employees of autonomous bodies or local authorities such as cantonment boards could not automatically be considered civil servants. “Every public servant is in the service of Pakistan, but every person in the service of Pakistan is not a public servant,” the judgment said.
The court explained that after the repeal of section 2A of the STA 1973, employees of cantonment boards are no longer covered by the jurisdiction of the FST.
“Employees of the Cantonment Board cannot approach and initiate a service appeal regarding their conditions of employment 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 military appeal to the FST is dismissed. The instructions contained in the office’s order to hold a de novo investigation must be complied with within three months.”
