Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973

Section: 20A

Law: Constitution of Pakistan, 1973

Section: 199

Civil Servants (Appointment, Promotion and Transfer) Rules, 1973--- ----R.20A---Constitution of Pakistan, Art.199---Constitutional petition---Deputation---Effect---Petitioner was civil servant working in Islamabad Capital Territory on deputation from Khyber Pakhtunkhwa---Petitioner was aggrieved of order passed by authorities repatriating her to her parent department in Khyber Pakhtunkhwa---Validity---Ever since year 2016, when petitioner came on deputation to borrowing department, she had a lien over her post in her parent department---Consequences of her deputation was that neither could the post occupied by her as a deputationist be filled by borrowing department in accordance with applicable recruitment rules, nor did her post in her parent department became vacant, so that the same could be filled in accordance with the recruitment rules of the parent department---As per notification, SRO 872(I)/88 dated 01-10-1998, issued by Ministry of Interior, method of appointment to post of LHV (BPS-09) in health department Islamabad Capital Territory was by transfer and failing that by initial appointment---Appointment by deputationist could not be equated with appointment of transfer---Sanctioned posts could not be kept vacant and ought to be filled only in accordance with the method of appointment prescribed in applicable recruitment rules---High Court deprecated practice of appointing a deputationist or a contract employee against a permanent / sanctioned post without resorting to method of appointment envisaged by recruitment rules---High Court declined to interfere in the order passed by authorities---Constitutional petition was dismissed in circumstances. 2013 SCMR 1752; Nusrat Rasheed v. Federation of Pakistan 2021 PLC (C.S.) 777; Pakistan v. Fazal Rahman Khundkar PLD 1959 SC 82; Lal Khan v. Employees Old Age Benefits Institution 2010 PLC (C.S.) 1377; S. Masood Abbas Rizvi v. Federation of Pakistan 2014 SCMR 799; Abdul Majeed v. Chief Secretary, Punjab 2015 PLC (C.S.) 1381; Nemat Ullah v. Chairman Governing Body, Worker Welfare Board / Secretary to the Government of Khyber Pakhtunkhwa 2017 PLC 1; Sudhir Ahmed v. Speaker, Balochistan Provincial Assembly 2017…

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