| Citation(s) |
|---|
| 2016 SLG 1995 2016 SLD 1995 2016 PLJ 226 |
Islamabad High Court
I.C.A. No. 25 of 2016, decision Date : 20.1.2016. Heard on:20.1.2016.
AAMER FAROOQ, JUSTICE, MIAN GUL HASSAN AURANGZEB, JUSTICE
Mr. Arif Chaudhry, learned ASC for Appellant.
I.C.A. No. 25 of 2016, decision Date : 20.1.2016. Heard on:20.1.2016.
AAMER FAROOQ, JUSTICE, MIAN GUL HASSAN AURANGZEB, JUSTICE
Mr. Arif Chaudhry, learned ASC for Appellant.
GHANSHAM DASVSFEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT DIVISION AND others--RespondentS
Law: Civil Servants Act, 1973
Section: 10
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: 20-A
Civil Servants Act, 1973 (LXXI of 1973)---.--- ---.---S. 10---.---Repatriated from posting on deputation---.---Notification---.---Probation period---.---Challenge to---.---Contract---.---A deputationist cannot remain on deputation for an indefinite period or stipulated period in accordance with his own whims and wishes. Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---.--- ---.---R. 20-A---.---Civil servant---.---Deputation---.---Repatriated from his posting on deputation as section officer---.---Notification---.---Challenge to---.---Deputation in a government department had a significant feature, which required hiring under special circumstances, where there was no expert person available in department in relevant subject or field---.---Not require continuity of deputation for an indefinite period or period specified for a deputation and provided 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 Federal Government in consultation with lending organization---.---Authority competent to grant an extension in deputation beyond initial period of three years for Government servants was Secretary of Ministry---.---On completion of maximum period of five yeaRs. both borrowing and lending organizations should ensure immediate repatriation of deputationist. Civil Servants Act, 1973 (LXXI of 1973)---.--- ---.---S. 25(2)---.---Constitution of Pakistan, 1973, Art. 212---.---Office memoranda---.---Statutory instrument---.---Any deviation from such a policy by state or its instrumentality can be corrected by service tribunal at instance of an aggrieved party/civil servant, and, if bar contained in Art. 212 of Constitution is not attracted, such deviation can be subjected to judicial review in constitutional jurisdiction of High Courts. Deputation---.--- ---.---Scope---.---Maximum deputation period---.---Pre-requisites---.---It is settled law, that a deputationist may not necessarily complete tenure for which he was deputed and power rested with competent authority to repatriate a deputationist without assigning any reason---.---In case of transfer on…