Law: Constitution of Pakistan, 1962

Section: 212,199

(a) Constitution of Pakistan--- ----Arts. 212, 199---Constitutional petition---Maintainability---Deputation---Scope---Order in respect of a deputationist during the period of his deputation, which may be amenable to constitutional jurisdiction of High Court where bar under Art. 212 is not attracted can be one which is passed by the borrowing agency qua the terms of the deputationist while serving in the borrowing agency and not the order of repatriation, which is prerogative of the parent department/government to pass at any point of time. (b) Civil service--- ----Deputation---Scope---No deputationist, by any stretch of imagination and in absence of any specific provision of law, can ask to serve the total period of deputation in the borrowing agency---Such civil servant can be repatriated by the Competent Authority in the interest of exigency of service as and when so desired and such order of the Competent Authority cannot be questioned. Dr. Shafi-ur-Rehman Afridi v. C.D.A. Islamabad through Chairman and others 2010 SCMR 378 rel. (c) Civil service--- ----Deputation---Period of deputation---Scope---Period of deputation can at the best be equated to that of an expression of maximum period which can be curtailed or extended by the Competent Authority and no legal or vested rights whatsoever are available to a deputationist qua tenure of deputation. S. Masood Abbas Rizvi v. Federation of Pakistan through Secretary Establishment and others 2014 SCMR 799 and Prof. M. Ashraf Khan Niazi v. Chairman, Board of Governors, Allama Iqbal Medical College/Jinnah Hospital, Lahore and 2 others 2003 PLC (C.S.) 243 ref. (d) Punjab Civil Servants Act (VIII of 1974)--- ----S.9---Postings and transfers---Scope---Every civil servant is bound to serve anywhere within or outside the Province in any post under the Government of Punjab, Federal Government, any other Provincial government or local authority or corporation or any other body set up or established by such Government, which is evident from S. 9 of the Punjab Civil Servants Act, 1974. (e) Punjab Civil Servants Act (VIII of 1974)--- ---S. 2(1)(b)---Civil service---Deputation---Scope---Exclusion clause attached to definition…

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