Law: Constitution of Pakistan, 1973

Section: 199,212(2)

Law: Civil Servants Act, 1973

Section: 10

(a) Constitution of Pakistan--- ----Arts. 199 & 212(2)---Civil Service---Statutory rules relating to terms and conditions of service, violation of---Bar of jurisdiction of High Court---Civil servant could not have approached the High Court under Art. 199 of the Constitution for redressal of his grievance, which pertained to the terms and conditions of his service in view of the bar created under Art. 212(2) of the Constitution---High Court, therefore, was not competent to adjudicate the issue raised in the constitutional petition---High Court had fallen in error while proceeding on the erroneous assumption that civil servant had raised the issue of violation of the statutory rules, therefore, it was competent to decide the issues---High Court had adopted an incorrect approach by entertaining a constitutional petition of a civil servant on the ground of the statutory violation---Such grievances of a civil servant fell within the domain of the Federal Service Tribunal as mandated by the Constitution. (b) Civil Servants Act (LXXI of 1973)--- ----S. 10---Transfer, temporary nature of---No right of transferee to get absorbed in borrowing department---Transfer under S. 10 of the Civil Servants Act, 1973 was itself of a temporary nature and neither confered a right on the transferee to get himself absorbed nor the borrowing department, in law, could be compelled to retain the services of such an employee on permanent basis by absorption---No concept of absorption of a civil servant in another department existed either in the Civil Servant Act, 1973 or the Rules framed thereunder---Section 10 of the Civil Servants Act, 1973 empowered the competent authority to order an employee from one post to another, which was never permanent in nature. JUDGMENT 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…

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