Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

Qanun-e-Shahadat (10 of 1984)--- ----Art.114---Constitution of Pakistan Art. 199---Civil service---Promissory estoppel---Factual controversy---Deputation---Absorption---Doctrine of legitimate expectation---Scope assailed an office order issued by the authorities directing her repatriation to the parent department and the dismissal of her constitutional petition claimed the repatriation order to be back dated and pressed into service the doctrine of legitimate expectation to be absorbed as a deputationist---Validity---Single Judge of High Court had noted that the office order was a public document and the assertion that it was back dated was tantamount to raising a factual controversy which could not be resolved by the Court in its constitutional jurisdiction---Deputation order itself had clearly stated that the petitioner would not be eligible for absorption in view of her academic credentials---Question of authorities’ conduct generating a legitimate expectation of absorption in favour of appellant did not arise---Authorities had made no representation or promise that attracted the principle of promissory estoppel or legitimate expectancy---Deputationist had no vested right to seek absorption in a borrowing department---Intra Court Appeal was dismissed. Mrs. Nusrat Rasheed and another v. Federation of Pakistan and others W.P. No. 194/2020 ref. Pakistan v. Salah ud Din PLD 1991 SC 546 and Pakistan v. Fazal Rehman Kundkar PLD 1959 SC 82 rel. ORDER: BABAR SATTAR, JUSTICE:---.--- Through this appeal, the appellant has impugned order dated 22.12.2020, passed by the learned Judge in Chambers in W.P. No. 3962/2020, wherein an office order dated 04.12.2020, issued by the Federal Directorate of Education (“F.D.E.”) repatriating the appellant to her parent department i.e. Education Department, Azad Government of the State of Jammu and Kashmir was challenged. 2. Learned counsel for the appellant submits that the appellant qualifies for absorption as deputationist within F.D.E on the basis of criteria laid down on 23.01.2000, which was approved by the Secretary, Ministry of Education on 24.01.2000; that the repatriation order dated 04.12.2020 is a back-dated order which…

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