| Citation(s) |
|---|
| 2017 SLG 61 2017 SLD 61 2017 SCMR 798 |
Supreme Court of Pakistan
Crl. O.Ps. Nos. 47, 48 and 50 of 2016 in C.R.P. 193 of 2013 and Crl. M.A. No. 1822 of 2016, decision & hearing on: 16-02-2017.
AMIR HAMI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Kh. Haris Ahmed, Senior Advocate Supreme Court for Petitioners (in Crl. O. 47 of 2016). Ali Zafar, Advocate Supreme Court for Petitioners (in Crl. O. 48 of 2016). Ms. Asma Jehangir, Advocate Supreme Court for Petitioners (in Crl. O. 50 of 2016).
Crl. O.Ps. Nos. 47, 48 and 50 of 2016 in C.R.P. 193 of 2013 and Crl. M.A. No. 1822 of 2016, decision & hearing on: 16-02-2017.
AMIR HAMI MUSLIM, JUSTICE, MUSHIR ALAM, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Kh. Haris Ahmed, Senior Advocate Supreme Court for Petitioners (in Crl. O. 47 of 2016). Ali Zafar, Advocate Supreme Court for Petitioners (in Crl. O. 48 of 2016). Ms. Asma Jehangir, Advocate Supreme Court for Petitioners (in Crl. O. 50 of 2016).
FIDA HUSSAIN SHAH AND OTHERS
VS
GOVERNMENT OF SINDH AND OTHERS
Law: Federal Public Service Commission Ordinance, 1977
Section: 7(b)(ii),10
(a) Federal Public Service Commission Ordinance (XLV of 1977)--- ----S. 7(b)(ii)---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Pt. II & Pt. III---Civil Servants Act (LXXI of 1973), S. 10---Civil service---Re-allocation/change of Occupational Group of civil servant after initial appointment---Scope---Allocation and re-allocation was the sole domain of the Government and was made under the Federal Public Service Commission Ordinance, 1977, and not under the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Change of group or re-allocation could not be considered at par with transfer or horizontal movement made under the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---Re-allocation to another occupational group was more akin to the 'initial appointment', as provided in Part-III of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, rather than an 'appointment by transfer'. Syed Maroof Gilani v. Prime Minister of Pakistan 1996 SCMR 1353 ref. (b) Civil Servants Act (LXXI of 1973)--- ----S. 10---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, Pt. II---Civil service---Posting and transfer---Principles relating to posting and transfer of civil servants listed. Following are the principles relating to posting and transfer of civil servants: i. It was within the competence of the authorities to transfer a civil servant from one place or post to another to meet the exigencies of service or administration; provided his terms and conditions of service were not adversely affected; ii. A civil servant had no vested rights to claim posting or transfer to any particular place of his choice, nor did he have any right to continue to hold a particular post at a particular place; iii. Transfer and posting of civil servant was limited to the given tenure, or at the pleasure of the competent authorities; iv. Normally, civil servant was not required to acquire any specialized skill or professional training in order to serve at the new post or place; v. Seniority and progression of career of a civil servant in terms of promotion and other benefits of the service were not affected by the…
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