| Citation(s) |
|---|
| 2018 SLG 680 2018 SLD 680 2018 PLC 362 |
Supreme Court of Pakistan
Civil Appeal No. 587 of 2017 and C.M.A. No. 3198 of 2017, decision Date : 29-9-2017, hearing Date : 26-5-2017 (Judgment Reserved) (On appeal against the judgment Dated 14.03.2017 passed by the High Court of Balochistan, Turbat Bench at Quetta in C.P. No.
EJAZ AFZAL KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE, IJAZ UL AHSAN, JUSTICE
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants (in C.A. No. 587 of 2017). Amanullah Kanrani, A.G. Balochistan and Ayaz Khan Swati, Additional A.G. Balochistan for
Respondents. Raja Muhammad Ibrahim Sat
Civil Appeal No. 587 of 2017 and C.M.A. No. 3198 of 2017, decision Date : 29-9-2017, hearing Date : 26-5-2017 (Judgment Reserved) (On appeal against the judgment Dated 14.03.2017 passed by the High Court of Balochistan, Turbat Bench at Quetta in C.P. No.
EJAZ AFZAL KHAN, JUSTICE, MAQBOOL BAQAR, JUSTICE, IJAZ UL AHSAN, JUSTICE
Wasim Sajjad, Senior Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Appellants (in C.A. No. 587 of 2017). Amanullah Kanrani, A.G. Balochistan and Ayaz Khan Swati, Additional A.G. Balochistan for
Respondents. Raja Muhammad Ibrahim Sat
RAFIQ AHMED AND OTHERS
VS
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY, QUETTA AND ANOTHER
Law:
Section:
Gwadar Development Authority Employees (Service) Regulations, 2006--- ----Paras. 4.11, 4.24 & 4.25---Appointment by absorption---Legality---Appointment by absorption figured nowhere in the Gwadar Development Authority Employees (Service) Regulations, 2006---Appointment by transfer had been provided in the said Regulations but that could not be stretched to civil servants of the Federal or Provincial Government---Appellants, who completed their normal and even extended tenure of deputation in the (Gwadar) Development Authority ("the Authority"), had to go back to their parent department---Absorption of the appellants in the 'Authority' being against the law and rules was to be set at naught---Notification repatriating the appellants to their parent departments was therefore unexceptional---Supreme Court treating the appeal as review and hearing the same as such, dismissed the petition accordingly. Contempt Proceedings Against Chief Secretary Sindh and others 2013 SCMR 1752 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref. THIS JUDGMENT DELIVERED BY: EJAZ AFZAL KHAN, JUSTICE:---.--- These appeals with the leave of the Court have arisen out of the judgment dated 14.03.2017 of a Division Bench of the High Court of Balochistan whereby it dismissed the petitions by the appellants as being not maintainable. 2. The learned Sr. ASC appearing on behalf of the appellants contended that when the appellants after having been appointed on deputation in Gwadar Development Authority (GDA) were absorbed, they ceased to be civil servants, therefore, the High Court was competent to entertain, hear and decide their petitions. The learned Sr. ASC next contended that the judgments rendered in the cases of Contempt Proceedings Against Chief Secretary Sindh and others (2013 SCMR 1752) and Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) were distinguishable on legal and factual plane, therefore, the Division Bench of the High Court could not dismiss such petitions as being not maintainable. 3. The learned Advocate General appearing on behalf of the respondent did not dispute the arguments addressed at the bar by the learned Sr. ASC for the appellants and…
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