Law:

Section:

Civil service--- ----Creation of a new post in a department---Such post could not be filled by transferring or borrowing an employee from another department having a different cadre---Such post was to be filled through advertisement. Initially the respondent was an employee of the Health Department of Federal Government and was employed in the Cadre of Field Programme Officer-in BPS-17. He was transferred and posted as Law Officer in the Provincial Health. Department, and in 2016, he was assigned additional charge of Deputy Secretary (Judicial) in PD Department. The PD Department itself created the post of Law Officer after the approval of the Finance Department. Post of Law Officer created in PD Department was person specific i.e. for the respondent in fulfillment of his will and desire, but it appeared to have not materialized. Being appointed as Field Programme Officer in the Health Department, the respondent could not have been transferred or absorbed at all in the PD Department as Law Officer for that the Field Programme Officer was totally a different cadre in the Health Department from the one that of a Law Officer. Contempt Proceedings against Chief Secretarti, Sindh and others 2013 SCMR 1752 and Ali Azhar Khan Baloch and others v. Province of Sindh and others 2015 SCMR 456 ref. When PD Department had created a new post of Law Officer, such post had to be filled in not by transferring or borrowing an employee from another department rather such post was to be filled in by following the law, in that, it had to be advertised. If the respondent was interested in joining such post he may apply for the same as a result of advertisement but the respondent could not be allowed the change of his cadre by jumping from the Health Department to PD Department on creation of a new post by the PD Department. Petition for leave to appeal was converted into appeal and allowed, and impugned of Provincial Service Tribunal was set-aside. ORDER GULZAR AHMED, C.J. -- C.M.A. No.24-Q/2020: The listed petition is barred by 18 days. This application for condonation of delay has been filed in which it has been explained that on 05.08.2019, the Balochistan Service Tribunal,…

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