REHMAT NABI vs PROVINCIAL GOVERNMENT S — 2025 PLC(CS) 139 QUETTA-HIGH-COURT-BALOCHISTAN

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REHMAT NABI VS PROVINCIAL GOVERNMENT S. 17(1)(b)---Gilgit-Baltistan Service Tribunal (Amendment) Act, 2022 (II of 2023), S.2(b)---Gilgit-Baltistan Civil Servants Act (V of 2011), S.2(b)---Jurisdiction of Gilgit-Baltistan Service Tribunal to entertain service appeal of WAPDA employees---Scope---Registrar of the Gilgit-Baltistan Service Tribunal returned service appeal of the appellant for want of jurisdiction---Petitioner preferred a chamber appeal after availing remedies before the Gilgit Baltistan Chief Court, and Supreme Appellate Court, Gilgit Baltistan, for determination of question of jurisdiction---Validity---Respondents/officials of WAPDA, performing their functions in respect of affairs of Government of Pakistan, and the organization were constituted under WAPDA Act, 1958, which was purely creation of the Constitution meaning thereby that the respondents/WAPDA had not been performing their function in respect of affairs under Gilgit-Baltistan Governance Order, 2018 and the terms and conditions given regarding the service of employees of Gilgit-Baltistan as enumerated in S.2(b) of the Civil Servants Act, 2011 and Gilgit-Baltistan Service Tribunal (Amendment) Act, 2022, did not cover the service of appellant, thus, against the authorities, institution, department, organization, which were established under the authority of Government of Pakistan, were not performing the functions under the Gilgit-Baltistan Governance Order, 2018 and the Tribunal had the jurisdiction to hear the cases of employees of Gilgit-Baltistan as defined in S.2(b) of the Gilgit-Baltistan Service Tribunal (Amendment) Act, 2022---Services of the employee of WAPDA were governed by S.17(1)b of WAPDA Act, 1958 and service of employee of WAPDA was not covered within the definition of civil servant as provided under S.2(b) of Gilgit-Baltistan Service Tribunal (Amendment) Act, 2022, as well as S.2(b) of the Gilgit-Baltistan Civil Servants Act, 2011 and Organization of WAPDA under WAPDA Act, 1958, were purely creation of the Constitution, thus, the Tribunal lacked jurisdiction to entertain the matter---Chamber appeal was dismissed, in circumstances.

REHMAT NABI vs PROVINCIAL GOVERNMENT S — 2025 PLC(CS) 139 QUETTA-HIGH-COURT-BALOCHISTAN

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