Law:

Section:

Civil Servants Act, 1973 (Amended Ordinance) (V of 2013)-- ----S. 3--Constitution of Pakistan, 1973, Art. 212(2)--Service were transferred and absorbed in national assembly--Jurisdiction to adjudicate upon issue relating to terms and conditions of service statutory violation--Terms and condition of service in view of bar u/Art. 212(2) of Constitution--Incorrect approach of High Court to entertain constitution petition of civil servant--Domain of FST--Temporary transfer--Validity--High Court has fell in error while proceeding on erroneous assumption that respondent had raised issue of violation of statutory Rules, therefore, it was competent to decide issues. Constitution of Pakistan, 1973-- ----Art. 212(2)--Civil Servants Act, 1973, S. 10--Services were transferred and absorbed in national assembly--Transfers were temporary in nature--Incorrect approach of High Court--High Court has failed to notice that transfer under Section 10 of Civil Servants Act, is itself of a temporary nature and neither confers a right on transferee to get himself absorbed nor borrowing department, in law, could be compelled to retain services of such an employee on permanent basis by absorption--No concept of absorption of a civil servant in another department either in Civil Servant Act or Rules--Section 10 of Civil Servant Act, empowers competent authority to order an employee from one post to another, which is never permanent in nature. THIS JUDGMENT DELVERED BY: Amir Hani Muslim, J.- This appeal by leave of the Court is directed against the judgment dated 21.7.2014 of the Islamabad High Court whereby the writ petition filed by Respondent No. 1, was allowed. 2. The facts necessary for decision of these proceedings are that the Respondent No. 1, was Assistant in BS-14 in the then Ministry of Education and by the 18th Amendment made in the Constitution on 19.4.2010, the Ministry of Education was devolved on the Provinces. On 16.8.2012, Schedule 1 of the Rules of Business was amended and the Ministry of Education was renamed as "Ministry of Education and Trainings". On 24.5.2013, by an amending Ordinance V of 2013, Section 3, of the Civil Servants Act 1973, was amended in the…

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