| Citation(s) |
|---|
| 2014 SLG 297 2014 SLD 297 2014 PLC 1077 |
Supreme Court of Pakistan
C.P.L.A. No. 593-K of 2013, decided on 27th February, 2014. Date of hearing: 27th February, 2014.
AMIR HANI MUSLIM, IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
Nemo for
Respondents.
C.P.L.A. No. 593-K of 2013, decided on 27th February, 2014. Date of hearing: 27th February, 2014.
AMIR HANI MUSLIM, IJAZ AHMED CHAUDHRY AND GULZAR AHMED, JJ
Nemo for
Respondents.
S. MASOOD ABBAS RIZVI
VS
FEDERATION OF PAKISTAN through Secretary Establishment and others
Law:
Section:
(a) Civil Servants Act (LXXI of 1973)--- ----S. 10---Posting on deputation---Deputationist, right of---Scope---Deputationist repatriated to his parent department without assigning of any reasons--- Legality--- Deputationist did not have any vested right to remain on the post for ever or for a stipulated period---Deputationist could be ordered to be repatriated to the parent department at any time without assigning any reason---Parent department of deputationist was not obliged in law, to assign any reasons for his repatriation. Dr. Shafi-ur-Rehman Afridi v. C.D.A. Islamabad through Chairman and others 2010 SCMR 378 ref. (b) Civil Servants Act (LXXI of 1973)--- ----Ss. 2(b)(i) & 10---Posting on deputation---Deputationist, status of---Scope---Civil servant, definition of---Deputationist lost his status as a civil servant during the period he was on deputation. ORDER AMIR HANI MUSLIM, J.---Through this petition, the petitioner has impugned the order dated 20-8-2013 passed by the learned Sindh High Court in C.P. No.D-3112 of 2013, whereby the petition filed by the petitioner was dismissed. 2. The material facts for the disposal of the instant petition are that the petitioner was an officer of BS-19 of Pakistan Audit and Accounts Service in Federal Government. His services were hired on deputation basis by the Export Processing Zone Authority for a period of 2 years in his own pay and scale on standard terms and conditions vide Office Memorandum dated 15-8-2012. Subsequently he was promoted to BS-20 by his parent Department vide Notification dated 15-(sic.)-2013 and after his promotion his services were placed at the disposal of Ministry of Industries, Islamabad which posted him in Export Processing Zone Authority Karachi as Director (Finance) BS-20 on deputation basis on standard terms and conditions vide Notification dated 15th May, 2013. He assumed the charge of Director (Finance) in the Export Processing Zone Authority Karachi as Deputationist, however, vide Notification dated 22nd July, 2013 issued by the Establishment Division, Cabinet Secretariat, Government of Pakistan, he was repatriated to his parent Department and posted in the office of the Auditor…
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