Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 7

Appointment of appellant by absorption being hit by the s rendered in the cases of Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl. O. P. No.31 of 2016 decision date 10.05.2016) could not be maintained Appellant was appointed as Agricultural Officer (BPS-17) by initial recruitment in the Balochistan Agricultural and Cooperative Department, and then absorbed against the post of Research Officer (BPS-17) in the Planning and Development Department without affecting the seniority of the Research Officers already working in the department. Plea on behalf of appellant that his case was not covered by the dicta rendered in the cases of Contempt proceedings against the Chief Secretary Sindh and others (2013 SCMR 1752), Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl. O. P. No.31 of 2016 decision date 10.05.2016), therefore, the notification repatriating him to his parent department could not hold the field; held, that the relevant service rules of the Provincial Planning and Development Department provided that vacancy of Research Officer was to be filled by initial recruitment, thus, there was no scope for filling such vacancy by promotion, transfer, absorption or by any other method which was not provided by the relevant law and rules Appellant had thus rightly been repatriated to his parent department. THIS JUDGMENT DELIVERED BY: EJAZ AFZAL KHAN, JUSTICE:---.--- This appeal with the leave of the court has arisen out of the judgment dated 8.3.2017 of a Division Bench of the High Court of Balochistan whereby it dismissed the writ petition filed by the appellant by holding that his remedy in view of the dicta rendered in the cases i.e. Contempt proceedings against the Chief Secretary Sindh and others (2013 SCMR 1752), Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl. O. P. No.31 of 2016) decision date 10.05.2016 lay in review before the Supreme Court of Pakistan. 2. The learned Sr. ASC appearing on behalf of the appellant contended that where the appellant was appointed as…

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