Law:

Section:

Civil service--- ----Appointment on the basis of deputation---Repatriation---Scope---Contention of employee was that his services had been surrendered to the borrowing department and he could not be repatriated to his parent department---Validity---Employee had never been absorbed nor he could be deemed to have ever been absorbed in the borrowing department---Service of employee could not be surrendered unilaterally to the borrowing department---Decision of absorption of employee could not be taken by the borrowing department unilaterally nor had it ever taken such a decision---Employee had been placed under the control of borrowing department on deputation in the present case---Employee had no right for further retention in the borrowing department as it did not need his services---Employee could not be thrusted upon the borrowing department any further---Employee had been repatriated to his parent department and no prejudice had been caused to him---Employee had failed to established violation of any law, rules or infringement of any right due to passing of impugned order---Constitutional petition was dismissed, in circumstances. Dr. Shafi-ur-Rehman Afridi v. C.D.A., Islamabad through Chairman and others 2010 PLC (C.S.) 367; Pakistan v. Fazal Rahman Khundkar and another PLD 1959 SC (Pak.) 82; Punjab Small Industries Corporation PSIC v. Sh. Abdu Salam and others 2008 SCMR 583; S. Masood Abbas Rizvi v. Federation of Pakistan through Secretary Establishment and others 2014 SCMR 799 and Abdul Khaliq Anjum v. Secretary Education, Government of Punjab and 2 others 1998 PLC (C.S.) 839 rel. ORDER WIQAR AHMAD, J.---- This order is directed to dispose of the petition filed by petitioner Farhan Zaib under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2. Petitioner has stated in his writ petition that he was appointed as Taxation Officer in BPS-16 in Galiyat Development Authority, Abbottabad, hereinafter referred to as the Authority, vide order dated 11.03.2015. His post was later on upgraded from BPS-16 to BPS-17 on 08.02.2018. Petitioner was sent to Local Government Department on deputation by his parent department on 14.11.2016. Pursuant to…

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