Law: Punjab Civil Servants Act, 1974 

Section: 9,2(b),3

Punjab Civil Servants Act (VIII of 1974)--- ----Ss. 9, 2(b) & 3---Constitution of Pakistan, Arts. 199 & 212---Civil service---Transfer of employee serving on deputation---Scope---Employee while serving on deputation was transferred with immediate effect---Contention of employee was that employee serving on deputation did not fall within the definition of civil servant and bar contained under Art. 212 of the Constitution was not applicable---Validity---Every civil servant was bound to serve anywhere within or outside the province in any post under the Provincial or Federal Government or local authority or corporation or any other body set up or established by any such government provided terms and conditions of his service as to pay should not be less than those to which he would have been entitled had he not been so required to serve---Petitioner was not only a member of civil service of the Province but was also holding a civil post---Petitioner was civil servant for all intents and purposes---Borrowing department borrowed the civil servant to be posted without mentioning as to against what post he would be posted on deputation---Transfer which was one of the terms and conditions of service of civil servant could only be challenged through remedies provided by relevant laws---Constitutional petition was not maintainable simply for the reason that the services of employee had been given to the department on the basis of deputation---High Court advised the employee to seek appropriate remedy before the proper forum in accordance with law---Constitutional petition was dismissed being not maintainable, in circumstances. Haroon-u-Rasheed v. Lahore Development Authority and others 2016 SCMR 931 rel. THIS ORDER PASSED BY: MUZAMIL AKHTAR SHABBIR, JUSTICE:---.---Through this Constitutional petition, the petitioner, who is a civil servant presently posted on deputation in the Lahore Development Authority ('LDA') has called in question order dated 07.11.2018 whereby he has been transferred from the post of Director Administration LDA to Director C I, LDA with immediate effect. 2. At the very outset, learned counsel for petitioner has been confronted with the…

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