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Petitioner: MUHAMMAD DIN VS Respondent: DIRECTOR-GENERAL, PAKISTAN BROADCASTING CORPORATION, ISLAMABAD
1995 P L C (C
1995 P L C (C.S.) 502
[Federal Service Tribunal]
Before Muhammad Ismail and Noor Muhammad Magsi, Members
MUHAMMAD DIN
Versus
DIRECTOR‑GENERAL, PAKISTAN BROADCASTING CORPORATION, ISLAMABAD and 2 others
Appeal No. 284(L) of 1994, decided on 27th November 1994.
Civil service‑‑‑
‑‑‑‑Appeal‑‑‑Maintainability‑‑‑Appellant seeking ante‑dated promotion had initially joined `Radio Pakistan' which subsequently was converted into `Pakistan Broadcasting Corporation'‑‑‑Earlier service under that Corporation was declared as `Service of Pakistan' but later on under a statute employees transferred to that Corporation ceased to be civil servants and became employees of Corporation‑‑‑Appellant who ceased to be a civil servant, could not invoke jurisdiction of Service Tribunal .for seeking his remedy‑‑‑Appeal filed by appellant before Service Tribunal, was not maintainable, in circumstances.
Appellant in person.
Date of hearing: 22nd November, 1994.
JUDGMENT
MOOR MUHAMMAD MAGSI (MEMBER).‑‑Through this appeal, appellant Muhammad Din, Daftari in the Pakistan Broadcasting Corporation, seeks ante‑dation of his promotion with effect from 13‑1‑1982 when his junior Muhammad Yousuf was promoted.
2. This appeal came up for preliminary hearing on 15‑11‑1994 and the learned counsel for the appellant was asked to satisfy us on the question of jurisdiction whether the employees of the Pakistan Broadcasting Corporation are `civil servants' as to invoke jurisdiction of this Tribunal. He sought time and the matter was refixed for 22‑11‑1994. However, on the above date, the learned counsel for the appellant did not turn up. The appellant being a lay man could not argue. the case on the legal point.
3. Under section 4(1) of the Service Tribunals Act, 1973 appeals to the Tribunal are competent by the `civil servants'. According to the appellant; he has joined service under the Radio of Pakistan, which was subsequently converted into Pakistan Broadcasting Corporation and Service under the Corporation was declared as service of Pakistan. However, by Ordinance No, XVII of 1993, dated 24th August; 1993, `Pakistan Broadcasting Corporation, (Amendment) Ordinance, 1993 was promulgated and following subsection (1 A) was inserted in section 12 in the Act XXXII of 1973, and it reads as under:‑
"(1‑A) The persons transferred to the Corporation under subsection (1) shall cease to be civil servants in the service of Pakistan and become employees of the Corporation from the date of its establishment under section 3, on the same terms and ‑ conditions to which they were entitled immediately before such transfer.
(1‑B) Notwithstanding any judgment of any Court, or Tribunal, including the Supreme Court, any law, contract, agreement or in the conditions of service, all actions taken powers exercised, orders or instructions issued, by the Corporation in respect of terms and conditions of employees referred to in subsection (1‑A) after their transfer to the Corporation till the coming into force of the Pakistan Broadcasting Corporation (Amendment) Ordinance, 1993 (XVII of 1993) shall be deemed to have been validly taken, exercised or issued by the Corporation."
From the above provisions of law, the civil servants in the service of Pakistan under the Pakistan Broadcasting Corporation cease to exist and as such are not civil servants for the purpose of Service Tribunals Act, 1973 and cannot invoke jurisdiction of this Tribunal for seeking remedy. Consequently the appeal is dismissed in limine for want of jurisdiction.
H.B.T./1024/Sr.F Appeal dismissed.