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This case involved teachers working at Pakistan Air Force (PAF) Inter-Colleges who wanted to be legally recognized as civil servants, which would entitle them to the pay, benefits, and job protections that civil servants receive from the government.
The teachers had taken their claim to a Service Tribunal, which rejected it. They then appealed to the Supreme Court.
The Supreme Court examined how these PAF colleges actually operated under the Air Force Manual governing such institutions. It found that these colleges, though originally set up to educate PAF personnel's children and later opened to the public, functioned as independent, self-financing institutions. They were run by Managing Committees that included PAF officers and parent representatives, but these committees - not the Air Force or federal government - had full power to hire, promote, and dismiss staff. The colleges received no public funding and each was treated as a separate employer with no transfers of staff between institutions. The Manual's rules were administrative guidelines, not government law, and teachers had signed undertakings to follow them.
Based on this, the Court concluded these colleges were essentially private institutions, not part of the Air Force or federal government, despite having military officers involved in oversight. The relationship between teachers and the colleges was an ordinary employer-employee one, not government service. Since their jobs weren't civil posts, the teachers didn't qualify as civil servants, and their case didn't belong before the Service Tribunal in the first place. The Supreme Court dismissed their appeals, meaning they lost their claim to civil servant status and its associated ben
یہ مقدمہ پاکستان ایئر فورس (PAF) انٹر کالجز میں کام کرنے والے اساتذہ سے متعلق تھا جو یہ چاہتے تھے کہ انہیں قانونی طور پر سول سرونٹ تسلیم کیا جائے، جس سے وہ حکومت کی جانب سے سول سرونٹس کو ملنے والی تنخواہ، مراعات اور ملازمت کے تحفظات کے حقدار بن جاتے۔
اساتذہ نے اپنا دعویٰ سروس ٹریبونل میں پیش کیا تھا، جس نے اسے مسترد کر دیا۔ اس کے بعد انہوں نے سپریم کورٹ میں اپیل دائر کی۔
سپریم کورٹ نے جائزہ لیا کہ یہ PAF کالجز ایئر فورس مینوئل کے تحت عملی طور پر کس طرح کام کرتے ہیں جو ایسے اداروں کو منضبط کرتا ہے۔ عدالت نے پایا کہ یہ کالجز، اگرچہ ابتدا میں PAF اہلکاروں کے بچوں کی تعلیم کے لیے قائم کیے گئے تھے اور بعد میں عوام کے لیے بھی کھول دیے گئے، مگر عملاً آزاد اور خود کفیل ادارے کے طور پر کام کرتے تھے۔ انہیں مینیجنگ کمیٹیاں چلاتی تھیں جن میں PAF افسران اور والدین کے نمائندے شامل ہوتے تھے، لیکن عملے کی تقرری، ترقی اور برطر
Generated from the full judgment text below — not a substitute for reading the actual opinion.
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.