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Functional w.e.f 30th-Sept-2014
FST, Islamabad Read More »
Hearing 4-Nov-215 in SCRead Complete Detail »
Hearing in SCHearing on 20-Oct-2015 Case in Supreme Court:: regarding appointment of tribunal's chairman and 11 members.
Hearing in SCSupreme Court of Pakistan orders de-notification of appointment of tribunal's chairman and 11 members.
(News)Mr. Arshad Bhatti, Mr. Syed Arshad Ali, Mr. Qazi Afaq Hussain & Syed Rafique Hussain Shah to appoint as Member FST Government of Pakistan, Law, Justice & Human Right Division Islamabad has been issued the Notification No. F. 33(1)/2014-A.II dated: 29th Sept-2014
NotificationMr. Justice (R) Sheikh Ahmad Farooq appointed as Chairman Federal Service Tribunal (FST) :: Government of Pakistan, Law, Justice & Human Right Division Islamabad issued the Notification No. F. 38(1)/2014-A II dated: 7th August-2014
Notification
National Assembly Secretariat Islamabad No. F.22 (23)/2013-Legis No. 17th June, 2014: Majlis-e-Shoora (Parliament) received the assent of the President on the 15th June, 2014 and is hereby Published for General Information Act No. IV of 2014About FST:: Federal Service Tribunal was established under article 212 of the Constitution of Islamic Republic of Pakistan 1973, having exclusive jurisdiction with the regard to terms and conditions of service of the Civil Servants FST Ex-Chairman and Ex-Members Tenure 2011 (old post) Federal Service Tribunal Act 1973
an Act to provide for the establishment of Service Tribunals to exercise jurisdiction in respect of matters relating to the terms and conditions of service of civil servants.
Hearing on after 4-weeks ::for arguments/order
Detail of Case
Former chief justice Iftikhar Muhammad Chaudhry had given a 62-page verdict on twin constitutional pleas filed by Shaikh Riazul Haq, an advocate of the Supreme Court, and Shabbir Ahmed Nasir regarding the appointment of federal and provincial service tribunals in consultation with the chief justice of Pakistan and the respective chief justices of the high courts.The order also asked the federal and provincial governments to enact proper laws for the purpose. The service tribunal performs judicial functions in exercise of judicial powers conferred upon it by the legislature and, therefore, enjoys the status of a court and is required to be separated from the executive in terms of Article 175(3) of the Constitution, the
order stated.The court had observed that it was necessary to appoint them in consultation with the chief justice to make the chairman and the members of the service tribunal independent.
Last year, however, the federal government appointed Sheikh Ahmad Farooq as the FST chairman without consulting the chief justice.
The court observed that the appointment of the FST chairman was illegal as the CJP hadn’t been taken into confidence over the matter.
During the hearing on 2014, Additional Attorney General Waqar Ahmad Rana sought more time to make a statement on the issue.
However the bench, headed by Chief Justice Anwar Zaheer Jamali, expressed anger over the illegal appointments and asked the government to rectify its mistake.
The judges warned that, otherwise, the court may pass an order to retrieve the perks and privileges enjoyed by the FST members during their tenure.
Later, the AAGP told The Express Tribune that the court’s earlier judgment would be implemented in letter and spirit
فیڈرل سروس ٹریبونل کے چیئرمین اور ممبران کی تعیناتی کا معاملہ سپریم کورٹ میں زیرسماعت
Case in Supreme Court:: Appointment of Tribunal's Chairman and 11 Members.
Hearing on 20-Oct-2015:: Supreme Court has been fixed the next date of hearing
4-Nov-2015 for arguments and FST allowed to work until next date.
and 11 members. (as per Dawn News)... Composition of Federal Services Tribunal illegal, says SC
ISLAMABAD: The Supreme Court declared on Friday that the present composition of the Federal Services Tribunal (FST) was illegal and ordered the federal government to de-notify by Tuesday the appointment of its Chairman Sheikh Ahmad Farooq and all 11 members of the tribunal.As a judicial forum the tribunal addresses grievances of civil servants relating to terms and conditions of service.
A three-judge bench headed by Chief Justice Anwar Zaheer Jamali, which had taken up an application of Sarfraz Saleem, held that the tribunal had been set up in contravention of the observation made by the Supreme Court in its Jan 1, 2013, judgment in the Sheikh Riaz-ul-Haq case.
Orders de-notification of appointment of tribunal’s chairman and 11 members
The 2013 judgment required the appointment of FST chairman and its members in consultation with the Chief Justice of Pakistan.
“Since the Supreme Court verdict still holds the field, it has to be followed in letter and spirit,” Additional Attorney General Waqar Rana, who represents the federal government, told Dawn after a brief court hearing.
He said the government had sought time till Tuesday (Oct 20) for de-notifying the appointments.
The bench then adjourned the hearing to Oct 20 when the government will inform the court whether or not its directives have been implemented.
Ahmad Farooq was appointed FST chairman on Oct 2014.
In the 2013 judgment, a three-judge bench headed by then chief justice Mohammad Iftikhar Chaudhry had held that functions of the tribunal would be “judicial” in exercise of “judicial powers” conferred upon it by the legislature.
Therefore, the FST enjoys the status of a ‘court’ and is required to be separated from the executive in terms of Article 175(3) of the Constitution. Since FST’s role was in substitution of the highest constitutional body i.e. the high court so being a judicial forum, it must also enforce the fundamental rights of access to justice and enjoy financial autonomy as had been given to the high courts and the Supreme Court, the verdict had held.
It further said that since the FST fell in the category of the court, capable of exercising judicial powers, it was bound to follow the principle of independence of judiciary for the purpose of ensuring enforcement of the fundamental right of access to justice under Article 9 of the Constitution which envisaged security of persons. Therefore, it is required to be separated from the executive.
Moreover, to make the chairman and members of the FST independent, it is necessary to make their appointment after a meaningful consultation with the CJP and that of the provincial service tribunals in consultation with the chief justices of high courts.
The compliance with such condition (consultation), the judgment had said, was necessary because if the chairman had to be appointed from among sitting judges of a high court without the consent of the CJP, judicially and administratively, no judge of the high court could relinquish his post without approval by the chief justice concerned because he had to discharge his function as judge of the high court under the administrative control of the chief justice.
Similarly, a person qualified to be judge of the high court, either a district judge or an advocate, has to be appointed after the meaningful consultation with the high court chief justice because the district judge, if allowed to hold the charge of provincial service tribunal, could only be released if permission is granted by the high court chief justice.
As far as the appointment of an advocate, who is qualified to be chairman of a tribunal or member, was concerned, the 2013 verdict said, his performance or capability could only be evaluated during the period when he had been practising law because a person who had obtained enrolment but never appeared before the high court or the Supreme Court, could not claim to have legal experience.
Published in Dawn, October 17th, 2015 - Click here for read news in Daily Dawn
Chairman & four members of FST has been appointed. Three members and Chairman will be working in Islamabad FST, one members is posted to Lahore Provincial Service Tribunal.
Mr. Arshad Bhatti, Mr. Syed Arshad Ali, Mr. Qazi Afaq Hussain &
Syed Rafique Hussain Shah to appoint as Member FST
Government of Pakistan, Law, Justice & Human Right Division Islamabad has been issued the
Notification No. F. 33(1)/2014-A.II dated: 29th Sept-2014No. F. 33(1)/2014-A.II. In exercise of the powers conferred by Section 3(4) of the Service Tribunal Act. 1973 (Act No LXX of 1973), the president is pleased to appoint following persons as Members , Federal Service Tribunal for a period of three years with effect from the date they assumes the charge of the post. They shall be entitled to such pay, allowances and perquisites as may be prescribed from time to time.
01 Mr. Arshad Bhatti
Former Federal Secretary/PASPunjab Domicile 02 Mr. Syed Arshad Ali
Former Federal Secretary/PAS
Sindh Domicile 03 Mr. Qazi Afaq Hussain
Former Additional Secretary/PASPunjab Domicile 04 Mr. Syed Rafique Hussain Shah
Retired District & Sessions JudgeKPK Domicile
Special Thanks to Mr. Tariq Muhammad for inform to us.
Mr. Justice (R) Sheikh Ahmad Farooq appointed as
Chairman Federal Service Tribunal (FST)
Government of Pakistan, Law, Justice & Human Right Division Islamabad has been issued the
Notification No. F. 38(1)/2014-A II dated: 7th August-2014No. F. 38(1)/2014-A II. In exercise of the powers conferred by Section 3(4) of the Service Tribunal Act. 1973 (Act No LXX of 1973), the president is pleased to appoint Mr. Justice (Retd) Sheikh Ahmad Farooq as Chairman, Federal Service Tribunal on contract for a period of three years with effect from the date he assumes the charge of the post. He shall be entitled to such pay, allowances and perquisites as may be prescribed from time to time. .
National Assembly Secretariat Islamabad No. F.22 (23)/2013-Legis No. 17th June, 2014
Published by authority in Extraordinary in the Gazettee of Pakistan Part-I, 18th June, 2014
Download as PDF format»[AS PASSED BY THE NATIONAL ASSEMBLY]
A
BILL
further to amend the Service Tribunals Act, 1973WHEREAS it is expedient further to amend the Service Tribunals Act, 1973 (LXX of 1973), for the purposes hereinafter appearing;
It is hereby enacted as follows:-
1. Short title and commencement.—(1) This Act may be called the Service Tribunals (Amendment) Act, 2014.
(2) It shall come into force at once.
2. Amendment of section 3, Act LXX of 1973.—In the Service Tribunals Act, 1973 (LXX of 1973), hereinafter referred to as the said Act, in section 3,-
(1) for sub-section (1), the following shall be substituted, namely:—
“(1) The President may, by notification in the official Gazette, establish one or more Service Tribunals as hereinafter provided and, where there are established more than one Tribunal, the President shall specify in the notification the territorial limits within which, or the class or classes or cases in respect of which, each such Tribunal shall exercise jurisdiction under this Act.”;
(2) for sub-section (3), the following shall be substituted, namely:-
“(3) A Tribunal shall consist of-“(a) a Chairman, being a person who has been, or is qualified to be, Judge of a High Court;
(b) such number of members not less than three, each of whom is or has been-
(i) a District Judge; or
(ii) a person who for a period ofnot less than two years has held a post in BS-21 or above or equivalent under the Federal Government with adequate administrative experience, preference being given to a person having background of dealing with service matters:
Provided that where a District Judge or a civil servant as aforesaid is not available for appointment as a member, the President may appoint an Advocate qualified for appointment as Judge of a High Court.”;(3) for sub-section (4), the following shall be substituted, namely:-
“(4) The Chairman and members of a Tribunal shall be appointed by the President for non-extendable term of three years on such other terms and conditions as the President may determine:
Provided that where a serving District Judge or a civil servant is appointed as a member he shall hold office for a term of three years or till the date of superannuation, whichever is earlier.”;
(4) for sub-section (7), the following shall be substituted, namely:-
“(7) At any time when—
(i) the Chairman of a Tribunal is absent or is unable to perform
the functions of his office due to any cause; or
(ii) office of the Chairman is vacant, the most senior of the other members of a Tribunal shall act as Chairman till the Chairman resumes his office or the regular Chairman is appointed, as the case may be.”.
3. Insertion of new section 4A, Act LXX of 1973.— In the said Act, after section 4, the following new section shall be inserted, namely:—
“4A. Review.—(1)ATribunal shall have the power to review its final order on a review petition filed by an aggrieved party within thirty days of the order on the following grounds, namely:-
(i) discovery of new and important matter or evidence which, after exercise of due diligence, was not within knowledge of the petitioner or could not be produced by him at the time when the order was passed;
(ii) on account of some mistake or error apparent on the face of record; or
(iii) for any other sufficient cause.”.
(2) The Tribunal shall decide the review petition within thirty days.
(3) The Tribunal may confirm, set aside, vary or modify the judgment or order under review.’’.
4. Amendment of section 5, Act LXX of 1973.—In the said Act, in section 5, after sub-section (2), the following new sub-section shall be added, namely:—
“(3) A Tribunal shall have the power to execute its decisions in accordance with the procedure as may be prescribed.”.
5. Insertion of new section 5A, Act LXX of 1973.—In the said Act, after section 5, the following new section shall be inserted, namely:—
“5A. Financial powers of a Tribunal.— (1) The Registrar of the Tribunal shall be the Principal Accounting Officer of a Tribunal.
(2) The Chairman of Tribunal may authorize re-appropriation of funds from one head of account to another head of account and sanction expenditure on any item from within the allocated budget in accordance with the prescribed procedure without reference to Ministry of Finance.”.
6. Amendment of section 8, Act LXX of 1973.—In the said Act, in section 8, in sub-section (2),
(i) in clause (a), the word “and” occurring at the end shall be omitted; and
(ii) in clause (b), for the full stop at the end a semi colon and the word “;and”
shall be substituted; and
(iii) after clause (b) amended as aforesaid, the following new clause shall be
added, namely:-
“(c) execution of decisions of a Tribunal.”.
Special Thanks to Mr. Abdul Rasheed, for providing the information. Download as PDF format»
About FST
Federal Service Tribunal was established under article 212 of the Constitution of Islamic Republic of Pakistan 1973, having exclusive jurisdiction with the regard to terms and conditions of service of the Civil Servants who are or have been in the Service of Pakistan Initially the jurisdiction of Federal Service Tribunal was to the extent of Civil Servants working/employed in the departments of Federal Government.
Like other Higher Courts in the country, the Federal Service Tribunal is also responsible to ensure inexpensive and expeditious justice to the civil servants, in accordance with article 37 (d) of the Constitution of Pakistan, 1973.
The Tribunal has been providing inexpensive justice to the civil servants, ever since its establishment in 1974. No fee is charged from the Appellants/Civil servants for filing appeal or other docljments, etc. The civil servants are required to deposit only a meager amount amount of Rs. 100/- post admission of their cases as Security charges, and this amount, too, is refundable to them after the final disposal of the appeals. Judgments are also provided to the appellants free of cost at their residential/official addresses by registered post at the government expense.
The appellants are entitled to plead their cases themselves without spending any amount on hiring of any advocate. In fact the appellants are not supposed to spend any amount in filing appeals before the Tribunal and get their decisions. Chairman and Members in FST are appointed in terms of section 3(4) of FST Act, 1973 and rule 2 of the Service Tribunal (Qualification of members) Rules, 1974 & terms and conditions of their service are regulated under S. R. 0 No.1 016 (1)/83 dated 23.10.1983
Address::
FEDERAL SERVICE TRIBUNAL, ISLAMABAD
66-W, Junaid Plaza, Blue Area, Islamabad (Fax: 051-9202310/9218945)
Registrar: Mr. Gul Muhammad :: 9210564/9204356, 9266451/29
Islamabad:: (3, Sept):: Federal Govt extend the contract of Ex-Chairman Justice (R) Abdul Ghani Sheikh under the terms of section 3(4) of FST Act, 1973 and rule 2 of the Service Tribunal. Due to non-existance of FST hundreds of employees working in various federal departments were affected. After the extension of Chairman FST start their working from Tuesday.
S. No.
Name of the Judge/Member
1
Mr.Justice (R) Abdul Ghani Shaikh, Chairman (Extend/Re-appointment)
03-09-2012
02-09-2013
2
Vacant
-
-
3
Mr. Ismail Hassan Niazi, Member
10-03-008
09-03-011
4
Mr. Moazzam Hayat, Member
13-10-009
12-10-012
5
Mr. Mehar Hussain Shah, ember
19-12-008
18-12-011
6
Mr. G. M. Sikandar, Member
14-10-009
13-10-012
7
Mr. Farrukh Qayyum, Member
03-12-009
02-12-012
8
Mr. Ayaz H. Bukhari, Member
19-12-008
18-12-011
9
Mr. M. A. Aziz, Member
17-10-009
16-10-012
10
Miss. Neelam S. Ali, Member
01-07-010
30-06-013
11
Vacant
-
-
THE SERVICE TRIBUNALS ACT, 1973
ACT NO. LXX OF 1973
26th SEPTEMBER, 1973
an Act to provide for the establishment of Service Tribunals to exercise jurisdiction in respect of matters relating to the terms and conditions of service of civil servants.
WHEREAS it is expedient to provide for the establishment of Administrative Tribunals, to be called Service Tribunals, to ex*ercise exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants, and for matter connected therewith or ancillary thereto ;
It is hereby enacted as follows :—
1. Short title, extent and commencement
(l) This Act may be called the Service Tribunals Act, 1973.
(2) It shall come into force at once.
(3) It applies to all civil servants wherever they may be.
2. Definitions
In this Act, unless there is anything repugnant in the subject or context,—
(a) “ civil servant” means a person who is, or has been, a civil servant within the meaning of the Civil Servants Act, 1973 ; and
(b) “ Tribunal “ means a Service Tribunal established under section 3.
3. Tribunals
(1) The President may, by notification in the official Gazette, establish one or more Service Tribunals and, where there are established more than one Tribunal, the President shall specify in the notification the class or classes of civil servants In respect of whom, or the territorial limits within which, or the class or classes of cases in respect of which, each such Tribunal shall exercise jurisdiction under this Act.
(2) A Tribunal shall have exclusive jurisdiction in respect of matters relating to the terms and conditions of service of civil servants, including disciplinary matters.
(3) A Tribunal shall consist of—
(a) a Chairman, being a person who is, or has been, or is qualified to be. Judge of a High Court ; and
(b) such number of members not exceeding three, each of whom is a person who possesses such quali*fications as may be prescribed by rules, as the Presi*dent may from time to time appoint.
(4) The Chairman and members of a Tribunal shall be ap*pointed by the President on such terms and conditions as he may determine.
(5) The Chairman or a member of a Tribunal may resign his office by writing under his hand addressed to the President.
(6) The Chairman or a member of a Tribunal shall not hold any other office of profit in the service of Pakistan if his remunera*tion is thereby increased.
(7) Notwithstanding anything contained in sub-section (3), sub-section (4), sub-section (5) or sub-section (6), a Tribunal established to exercise jurisdiction in respect of a specified class or classes of cases may consist of one or more persons in the ser*vice of Pakistan to be appointed by the President.
3A.— Benches of the Tribunal. (1) The powers and functions of a Tribunal may be exercised or performed by Benches consisting of not less than two members of the Tribunal, including the Chairman, constituted by the Chairman.
(2) If the members of a Bench differ in opinion as to the decision to be given on any point,—
(a) the point shall be decided according to the opinion of the majority;
(b) if the members are equally divided and the Chairman of the Tribunal is not himself a member of the Bench, the case shall be referred to the Chairman and the decision of the Tribunal shall be expressed in terms of the opinion of the Chairman; and
(c) if the members are equally divided and the Chairman of the Tribunal is himself a member of the Bench, the opinion of the Chairman shall prevail and the decision of the Tribunal shall be expressed in terms of the opinion of the Chairman.
4. Appeals to tribunals
(1) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communication of such order to him, or within six months of the establishment of the appropri*ate Tribunal, whichever is later, an appeal to the Tribunal :
Provided that—
(a) where an appeal, review or representation to a de*partmental authority is provided under the Civil Servants Ordinance, 1973, or any rules against any such order, no appeal shall lie to a Tribunal unless the aggrieved civil servant has preferred an appeal or application for review or representation to such de*partmental authority and a period of ninety days has elapsed from the date on which such appeal, application or representation was so preferred
(b) no appeal shall lie to a Tribunal against an order or decision of a departmental authority determining the fitness or otherwise of a person to be appointed to or hold a particular post or to be promoted to a higher grader; and
(c) no appeal shall lie to a Tribunal against an order or decision of a departmental authority made at any time before the 1st July, 1969.
(2) Where the appeal is against an order or decision of a departmental authority imposing a departmental punishment or penalty on a civil servant, the appeal shall be preferred—
(a) in the case of a penalty of dismissal from service, re*moval from service, compulsory retirement or reduc*tion to a lower post or time-scale or to a lower stage in a time-scale, to a Tribunal referred to in sub-section (3) of section 3 ; and
(b) in any other case, to a Tribunal referred to in sub*section (7) of that section.
Explanation.—In this section, “ departmental authority “ means any authority, other than a Tribunal, which is competent to make an order in respect of any of the terms and conditions of civil servants.
Court Decisions
Non-deciding of appeal by Departmental Authorities—contention of the Authorities was that service Tribunal had wrongly condoned delay in filling appeal before tem as the departmental appeal before the Authorities filed by the civil servant was barred by time—Validity—As departmental appeal filed by the civil servant was not disposed of by any order in writing holding eh same as barred by time, the question of condonation or otherwise in filing departmental appeal did not arise—Service Tribunal did not commit any illegality in condoning the delay because the civil servant had been pursuing his remedy vigilantly from pillar to post but was not given the relief—Supreme court observed that the conduct of Authorities was not above board—Government functionaries were the noblest litigants but n the present case the Authorities had not given fair treatment to the civil servant—Appeal was dismissed. 2004 S C M R 527
5. Powers of Tribunals
(1) A Tribunal may, on appeal, confirm, set aside, vary or modify the order appealed against.
(2) A Tribunal shall, for the purpose of deciding any appeal, be deemed to be a civil court and shall have the same powers as are vested in such court under the Code of Civil Procedure, 1908, including the powers of—
(a) enforcing the attendance of any person and examin*ing him on oath ;
(b) compelling the production of documents ; and
(c) issuing commission for the examination of witnesses and documents.
6. Abatement of suits and other proceedings
All suits, appeals or applications regarding any matte within the jurisdiction of a Tribunal pending in any court in mediately before the commencement of this Act shall abate forth with :
Provided that any party to such a suit, appeal or applica*tion may, within ninety days of the establishment of the ap*propriate Tribunal, prefer an appeal to it in respect of any such matter which is in issue in such suit, appeal or application.
7. Limitation
The provisions of sections 5 and 12 of the Limitation Act, 1908, shall apply to appeals under this Act.
8. Rules
(1) The Federal Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules nay provide for all or any of the following matters, namely :—
(a) requirements as to the number of members of the Tribunal necessary for hearings before, or order or decision .by, a Tribunal; or a Bench there of and
(b) filling for a specified period any vacancy in the office of the Chairman or a member of the Tribunal caused by the absence on leave or otherwise of the Chairman or, as the case may be, a member.
9. Repeal
The Service Tribunals Ordinance, 1973, is hereby re*pealed.
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