Law:

Section:

(a) Civil service--- ----Deputation---Scope---Petitioner assailed the order whereby he was relieved from service upon belated consideration of being on deputation---Validity---Services of the petitioner were transferred from one university to another, in respect whereof the later had duly executed a No Objection Certificate---Transfer notification was also issued---Former university had relieved the petitioner and the later had accepted the transfer---Record demonstrated that the respective parent statutes of the universities contemplated transfer, as employed in the case of petitioner---Relationship between the petitioner and the later university was governed by their terms of such employment and there was no suggestion therein of the relationship ever having been that of deputation---Petitioner had always been treated as a regular employee and no unilateral interpretation of third party correspondence, five years later, could be demonstrated to deprive the petitioner of any right accrued thereto---Impugned order was set aside and the petitioner was restored to service at the later university, along with all back benefits accrued thereto---Constitutional petition was allowed. Farooq Hussain v. Shaikh Aftab Ahmed (CRP 104-L of 2019 and connected matters) ref. (b) Civil service--- ----Deputation---Scope---Deputation involves appointment/transfer to a department or service different from the one to which a person originally belongs. 2013 SCMR 1752 ref. (c) Civil service--- ----Absorption---Scope---Non-civil servant cannot be absorbed into posts meant to be filed through the competitive process and no person of a non-cadre post can be transferred and absorbed out of cadre. 2013 SCMR 1752 ref. JUDGMENT AGHA FAISAL, J.----The petitioner, ostensibly a regular employee of the Dawood University of Engineering and Technology (Duet), has assailed the order dated 10.12.2019, whereby he was relieved from service, upon belated consideration of being on deputation1, and the subsequent order dated 07.10.2020, whereby the earlier order was upheld by the Vice Chancellor of Duet (hereby collectively referred to as the Impugned Orders). It is considered illustrative to reproduce…

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