Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)---   ----Art. 199---Constitutional petition---Civil Service---Repatriation---Petitioner had claimed that while he was serving as Research Officer in Lower Indus Water Management in water wing, he was declared surplus from water wing and was asked to exercise his option for permanent absorption in administration cadre as Assistant Director to which he opted---Petitioner thereafter, was posted as Assistant Director, but subsequently he received letter of his repatriation to his previous post from where he was declared as surplus---Validity---Petitioner had claimed that as he had been permanently absorbed in administration cadre as Assistant Director, order of his repatriation seemed to be highly unjust, unequivocal and illegal---Order of absorption which was passed on approval of competent Authority, had shown that it was temporary attachment of surplus officers of water wing with the office mentioned against their names till further order as surplus---Said order was self-explanatory which had shown temporary attachment of the petitioner with administration wing and was never declared as absorbed permanently by the authorities---Petitioner, in circumstances, could not claim his absorption on permanent basis---Absorbing Authority had all lawful rights, powers and authority to repatriate him to the department from where he - was accommodated being surplus staff---WAPDA (Employing Department) was a Statutory Body and was being governed with its own rules and regulations relating to the terms and conditions of the services of its employees---If petitioner was claiming to be permanent employee of WAPDA Administration Wing he could approach Service Tribunal which was a competent forum. JUDGMENT ARSHAD NOOR KHAN, J.---The constitutional petition under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, has been filed by the petitioner, stating therein that he was appointed as Junior Agriculture Officer and he had joined on 23-5-1983, as Research Officer in BPS-17 in (LIM) Lower Indus Water Management and Reclamation Project WAPDA at Hyderabad, where he was performing his duties and some time later he along with other…

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