The Supreme Court has clarified the legal status of cantonment board employees, ruling that they do not fall under the definition of civil servants and that their service matters are governed under separate laws.
In a written judgment issued by Justice Muhammad Ali Mazhar, the court set aside the Federal Service Tribunal’s decision dated November 20, 2023, and stated that the tribunal does not have jurisdiction to hear appeals of cantonment board employees.
The court further explained that after the removal of Section 2-A from the Service Tribunals Act, cantonment board employees can no longer approach the Federal Service Tribunal for their cases.
According to the ruling, service matters of cantonment board employees will be dealt with under the Pakistan Cantonment Servants Rules 1954, while affected employees may directly approach the relevant High Court under Article 199 of the Constitution against departmental actions.
It is noteworthy that the Sialkot Cantonment Board had dismissed Qaiser Mahmood on charges of renting out official residence and absence from duty. The tribunal had earlier set aside his dismissal, however, the Supreme Court has now ordered a fresh inquiry.
The court directed that a new inquiry against Qaiser Mahmood be completed within three months, ensuring that he is provided a full and fair opportunity to present his defense. Cantonment board authorities have also assured that a fresh inquiry will be conducted.
