Law:

Section:

(a) Constitution of Pakistan--- ----Art. 199---Constitutional petition---Civil service---Deputation---Repatriation of employee/deputationist to parent department before completion of tenure of deputation---Validity---Deputationist may not necessarily complete tenure for which he was deputed and the power rested and vested with the competent authority in its discretion to repatriate a deputationist as and when deemed proper---In the case of transfer on deputation, no vested right accrued to a deputationist to continue for the period of deputation and there was no law in the field to support such grievance of the petitioner---Competent authority was empowered to repatriate a deputationist as and when the exigencies of service required---Civil servant could be repatriated on administrative grounds---High Court dismissed Constitutional petition filed by employee/deputationist. 2000 SCMR 656; 2005 PLC (C.S.) 1207; 2003 PLC (C.S.) 243 and 1998 PLC (C.S.) 839 rel. (b) Civil service--- ----Appointment---Educational sector---Importance and criteria---Held, competence, good educational background, rich experience and above all impeccable honesty should be the sine qua non for appointment against important post in educational sector. ORDER QAISER RASHID KHAN, J.--- Through the instant petition, the petitioner Noor Muhammad seeks to declare the Notification No.SO(B/T)E&SE/9- 5/2013/BISE, D.I.Khan dated 10-1-2013 issued by the Secretary, Government of Khyber Pakhtunkhwa, Elementary and Secondary Education Department whereby he was repatriated to his parent organization i.e. Gomal University, D.I.Khan on administrative grounds as illegal, void ab initio, against the law, based on mala fide and without lawful authority. 2. Precise facts leading to the instant petition are that while serving as Assistant Professor (BS-19) at Gomal University, D.I.Khan in the department of Sports, Sciences and Physical Education, the petitioner was appointed on deputation basis as Chairman, Board of Intermediate and Secondary Education, D.I. Khan vide Notification No.SO(B/T)E&SE/9-5/2012/BISE, D.I.Khan dated 21-2-2012 for a period of two years and he accordingly submitted his arrival…

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