Citation Name : 2011
PLC 103 SUPREME-COURT
Side Appellant :
MUHAMMAD MUBEEN-US-SALAM
Side Opponent :
FEDERATION OF PAKISTAN
through Secretary Ministry of Defence
S.
2(1)(b)---Service Tribunals Act (LXX of 1973), S. 4---Constitution of Pakistan,
Art.212(3)---Air Force Manual (A.F.M. 54-2, dated 17-5-1992), Chaps. I, VI, VII
& X---Appeal---Teachers of Pakistan Air Force Inter-College---Prayer of
such teachers for declaring them to be civil servants and granting them benefits
and facilities admissible to civil servants---Dismissal of such appeal by
Service Tribunal---Validity---Such College being one of similar other
educational institutions set up by PAF initially for providing education to
child ren of its personnel and later opening same to civilians---Declared
object of Air Force Manual (A.F.M. 54-2), dated 17-5-1992 was to standardize
functions of such Institutions while acknowledging their independence---Such
Manual covered all aspects of running of such Institutions including
administration, academics and terms and conditions of service of their
employees---Each school or college of PAF had a Board of Governors---Air Force
Manual conferred functions and administrative control of every Institution on a
Managing Committee, which amongst Air Force Officers included representatives
of parents of students---Said Manual declared each Institution to be
self-financing institution dependent upon funds collected as tuition fees and
allied charges----Funds of such Institutions were non-public funds for purpose
of accounting---Chairman of Managing Committee was responsible for all
financial organizations and administrative matters of such
Institution---Managing Committee had power to appoint, confirm, promote,
dismiss and discharge employees of such Institution---According to said Manual,
each Institution was a separate and distinct employer and there was no
provision for transfer of employees from one P.A.F. Institution to
another---PAF Manual as well as Statement of College Funds sir awed that they
did not receive any public grants or contributions from Pakistan Air Force or
Federal Government---Pakistan Air Force had no power either to appoint or
remove employees of such Institution---Federal Government had not been assigned
any role in functioning of such .Institution---Regulations contained in the
Manual were not-statutory and in nature of administrative instructions for
tanning and functioning such Institution---Letters of appointments of teachers
showed that they had furnished undertaking to follow regulations in the Manual
in letter and spirit---Such Institution was a private institution and not part
of Pakistan Air Force or Federal Government, notwithstanding that personnel of
PAF were included in their Managing Committee--Relationship of teachers being
employees of such institution was that of `master and servant'---Posts held by
the teachers were created under such Institutions' own Regulations, but not in
manner posts in Government Departments were created---Posts held by such
teachers were not "civil posts ", thus, they were not civil servants
within meaning of S. 2(1)(b) of Act, 1973 as they were not connected with
Defence or Federal Government---Appeals of such teachers before Tribunal were
not maintainable---Supreme Court dismissed the appeals of such teachers.
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