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1995SCMR11

 

[Supreme Court of Pakistan]

 

Present: Fazal Ilahi Khan and Manzoor Hussain Sial, JJ

 

GOVERNMENT OF PAKISTAN, AVIATION DIVISION and another‑‑‑Petitioners

 

versus

 

Mst. SHAILA NOREEN‑‑‑Respondent

 

Civil Petition for Leave to Appeal No. 311 of 1993, decided on 7th November, 1993.

 

(On appeal from the judgment of the Federal Service Tribunal, Islamabad, dated 21‑4‑1993, in Appeal No. 53(L)/92).

 

Fasihuddin v. Khawar Latif Butt and others 1993 SCMR 1 rel.

 

Sh. Maqbool Ahmad, Advocate Supreme Court and Khan Imtiaz Muhammad Khan, Advocate‑on‑Record for Petitioners.

 

Nemo for Respondent.

 

Date of hearing: 7th November, 1993.

 

ORDER

 

MANZOOR HUSSAIN SIAL, J.‑‑‑The petitioners through this petition under Article 212(3) of the Constitution of the Islamic Republic of Pakistan, 1973, seek leave to appeal against the order of the Federal Service Tribunal, Islamabad, dated 21‑4‑1993, whereby the order dated 6‑5‑1987, was. set aside and the case was remanded to the competent authority for fresh decision.

 

2. Mst Shaila Noreen, respondent herein, while working as Assistant Security Officer, Lahore Airport, Lahore, was discharged from service on 6‑5‑1987, by order of the Force Commander, under the Pakistan Army Act, on the ground that her services were no longer required for Airports Security Force. She challenged the aforesaid order in revision but the same was rejected on 23‑10‑1988, by the Secretary, Ministry of Defence, Aviation Division, Rawalpindi.

 

3. Aggrieved by the aforesaid orders, she preferred appeal which was allowed on 17‑4‑1993, by the Federal Service Tribunal, Islamabad, and the case was remanded to the competent authorities for fresh decision in the light of the observation made in para. 17 of the judgment delivered by the Supreme Court in Fasihuddin v. Khawar Latif Butt and others (1993 SCMR 1). Hence this petition.

 

4. Learned counsel for petitioners contended that the respondent is not a civil servant by virtue of amendment in section 11 of the Airports Security Force Act, 1975, made by Airports Security Force (Amendment) Ordinance, 1984. He, however, conceded that in Fasihuddin’s case referred above, this Court has held that the employees‑of Airports Security Force are civil servants but submitted that there is a move by the Government of Pakistan in Aviation Division, seeking review of the view expressed by this Court in the above‑noted case.

 

5. After hearing learned counsel for petitioners and going through the law laid down by this Court in the aforementioned precedent wherein employees of the Airports Security Force have been held to be civil servants the impugned order passed by the Federal Service Tribunal is unexceptionable.

 

In the result this petition has no merit and is accordingly dismissed.

 

A.A./G‑460/5 Leave refused.

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