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FEDERAL SERVICE TRIBUNAL
FST, Islamabad

Federal Service Tribunal (FST) will Start shortly Insha'Allah
AMENDMENT ACT 2014 HAS BEEN ISSUED

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 2014

Congratulation ---- Federal Service Tribunal will start shortly Insha'Allah
FEDERAL SERVICE TRIBUNAL AMENDMENT ACT 2014 HAS BEEN PUBLISHED
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 2014
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
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.
SERVICE TRIBUNAL AMENDMENT ACT 2014 HAS BEEN PUBLISHED
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, 1973

WHEREAS 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

Date of Joining
Date of Expiry of Tenure

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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