Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: R.9-A

Law: Constitution of Pakistan, 1973

Section: 189

(a) Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974--- ----R. 9-A---Repatriation of an employee to his parent department---Scope---Employee was repatriated to his parent department---Contention of employee was that he was permanently absorbed in the borrowing department against existing vacancy---Validity---Repatriation of employee to his parent department was unjustified where he was already declared surplus along with other officers--- Employee was absorbed in the borrowing department in consistent with R.9-A of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974---Notification for repatriation of Said employee had already been cancelled by the Secretary to Government with the approval of competent authority---Department was directed to allow the employee to join and perform his duties in the borrowing department---Constitutional petition was disposed of accordingly. Contempt proceedings against the Chief Secretary, Sindh and others case 2013 SCMR 1752 and Ali Azhar Khan Baloch v. Province of Sindh and others 2015 SCMR 456 ref. (b) Constitution of Pakistan--- ----Art. 189---Decision of Supreme Court---Binding effect---Decision of Supreme Court to the extent that it had decided question of law or enunciated a principle of law was binding on all other courts in Pakistan. Justice Khurshid Anwar Bhinder v. Federation of Pakistan PLD 2010 SC 483 rel. THIS ORDER PASSED BY: MUHAMMAD ALI MAZHAR, J.--- The petitioner has challenged the Notification dated 29.01.2016 by means of which his posting order dated 27.04.2001 as Deputy Director, MDA was withdrawn and he was repatriated and directed to report his parent department i.e. Sindh Small Industries Corporation. 2. The petitioner argued that vide Notification dated 14.04.2001 issued by the Services General Administration and Coordination Department, Government of Sindh with the approval of competent authority, he was absorbed in the MDA against an existing vacancy as earlier he was performing his duties in the Sindh Small Industries Corporation. But when he was declared surplus, he was posted and permanently absorbed in MDA in terms of Rule 9-A of Sindh Civil Servant…

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