Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 20-A

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973-------R. 20-A---Constitution of Pakistan, Art.199----Constitutional petition---Civil Service---"Deputation"---Concept---Posting of officials on deputation---Scope---Petitioners who were in permanent/regular service in the department assailed the practice of posting officers on deputation in their department and sought direction refraining the Authorities from inducting any official on deputation in their department---Validity---Deputation in a government department had a significant feature, which required hiring under special circumstances, where there was no expert person available in the department in the relevant subject or field---Rule 20-A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 did not require the continuity of deputation for an indefinite period or the period specified for a deputation and provided the period of deputation not exceeding three years, which may be extended for another period of two years on such terms and conditions as sanctioned by the Federal Government in consultation with the lending organization---No legal bar was provided by law on the concerned authorities to repatriate the deputationst---High Court directed that the respondents be immediately repatriated from the department---Constitutional petitions were allowed, in circumstances.Sl. No.28 of ESTACODE, Civil Establishment Code (Edition 2007); Syed Imtiaz Ali Shah and 4 others v. Government of Sindh through Chief Secretary and 6 others Constitutional Petition No.D-1491 of 2010 and Dr. Shafi-ur-Rehman Afridi v. C.D.A. Islamabad through Chairman and others 2010 SCMR 378 rel.JUDGMENT NOOR UL HAQ N. QURESHI, J.--- By this single judgment, both the above mentioned writ petitions are disposed of in view of similar facts and law point involved. 2. Generally, the petitioners have submitted their respective prayers in both the writ petitions, which are as under: --- "In the circumstances, mentioned above, it is most respectfully prayed that an appropriate writ may kindly be issued declaring that appointments and posting on deputation in Islamabad Police Department against the…