Case Details

Citation(s)
2023 SLG 2005 2023 PLC & PLC(CS) 826 2023 SLD 2005
Balochistan High Court
C.P. No.1674 of 2022, decided on 24th November, 2022.Date of hearing: 8th November, 2022.
Before Naeem Akhtar Afghan, CJ and Iqbal Ahmed Kasi, J
Naseebullah Tareen for Petitioner.

MUHAMMAD ALI ZAHOOR, ZONAL DIRECTOR (BISP)

VERSUS

GOVERNMENT OF PAKISTAN through Secretary Benazir Income Support Programme Islamabad and 3 others

Law:

Section:

(a) Civil service--- ----Deputation---Scope---Normal period of deputation is three years and the concerned official has to report back after completion of his term of three years, unless it is further extended for two years---Maximum period of deputation is five years in terms of Serial No.27(iv) of the ESTA Code whereafter both the borrowing and lending organizations have to ensure immediate repatriation of the deputationist---Period of deputation has been defined specifically and after the expiry of term, the deputationist should automatically be relieved from his duty, unless his deputation period has been extended. Contempt proceeding against Chief Secretary, Government of Sindh 2013 SCMR 1752 and Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456 ref. (b) Civil service--- ----Deputation---Scope---Deputationist does not have vested right to remain on the post as deputationist forever or for the stipulated period---Deputationist can be ordered to be repatriated to his parent department at any time without assigning any reason. S. Masood Abbas Rizvi v. Federation of Pakistan, through Secretary Establishment and others 2014 SCMR 799 and Dr. Shafi-ur-Rehman Afridi v. CDA Islamabad, through Chairman and others 2010 SCMR 378 rel. ORDER IQBAL AHMED KASI, J.----The petitioner was serving as Deputy Controller (Engineering) (PBC Pay Sclae-8/equivalent to BPS-19) in Pakistan Broadcasting Corporation, Quetta. In the year 2021 in pursuance of advertisement, the petitioner applied for the post of Divisional Director, Naseerabad, in Benazir Income Support Program (BISP) and after being successful, his services were placed at the disposal of BISP, Islamabad by his parent Department. The petitioner joined BISP, against the post of Divisional Director (SPB-19) Balochistan Region w.e.f. 17-08-2021, on deputation basis, for initial period of three years, in terms of BISP Employees (Service) Regulation, 2018 and in this regard Notification F.No.1(1528)/BISP/HR/BAL/2021, dated 30th August 2021, was also issued by the Director HR (Regions), Government of Pakistan, BISP, but later on, vide Notification F.No.1(1528)/BISP/HR/BAL/2021, dated 12th October, 2022 (hereinafter the…
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