| Citation(s) |
|---|
| 2010 SLG 3239 2010 SLD 3239 2010 PLC 1302 |
Service Tribunal, Balochistan
Service Appeal No. 40 of 2007, decided on 14th December, 2009. Date of hearing: 7th December, 2004.
MUHAMMAD HASHIM KHAN KAKAR, CHAIRMAN, MUHAMMAD IDREES BALOCH, MEMBER-I AND MUHAMMAD ANWAR KHAN, MEMBER-II
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Service Appeal No. 40 of 2007, decided on 14th December, 2009. Date of hearing: 7th December, 2004.
MUHAMMAD HASHIM KHAN KAKAR, CHAIRMAN, MUHAMMAD IDREES BALOCH, MEMBER-I AND MUHAMMAD ANWAR KHAN, MEMBER-II
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EJAZ AHMED
VS
GOVERNMENT OF BALOCHISTAN through Secretary FinancEcuMDirector Local Fund Audit Finance Department, Balochistan and 3 others
Law: Balochistan Service Tribunals Act, 1974
Section: 4
Civil service--- ----Employee on deputation---Repatriation---Effect on lien, seniority and promotion---Employee who was sent on deputation, subsequently was repatriated to his parent department; however, he was placed at Serial No.9 in the impugned seniority list and 8 employees who were most junior in appointment were shown senior to the employee in the list and repatriated employee was treated as fresh appointee---Validity---Government employee who was sent on deputation to serve borrowing department, would continue to hold his basic service cadre with parent department till his permanent absorption in the borrowing department---Lending department did not enjoy any power or authority under law to arbitrarily revoke or terminate lien of its employee temporarily serving in some other institution, statutory body or Government department as deputationist---Civil servant having not been confirmed in any of his subsequent job, his lien with his parent department would remain intact throughout; despite the fact that he joined service in another department or in an autonomous body--Lien of a civil servant could not be terminated even with his consent; and that same could be terminated only when he was confirmed against some permanent post---Nothing was available on record to show that employee in the present case was confirmed in the department in which he was sent on deputation---Civil servant after revertion to parent department would automatically regain his original seniority---Department was not justified while declining the grant of seniority and promotion to the employee---Impugned seniority list, in circumstances, was declared illegal and it was directed that same be revised, while placing the employee at Serial No.1 in the seniority list being senior. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR (CHAIRMAN).---This appeal under section 4 of the Balochistan Service Tribunals Act, 1974 has been preferred by the appellant against the order/seniority list dated 13-10-2005 wherein he has been placed at S.No.9 instated at S.No.1 being senior. 2. The relevant facts in small compass are that the appellant was appointed as Auditor in BPS-11 on 28-5-1984 in Local…
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