Law:

Section:

(a) Civil service-------Probational appointment against clear vacancy--- Expiry of probation period---Effect---Civil servant, if not removed from service before expiry of probation period, would stand automatically confirmed. (b) Federal Investigation Agency (Appointment, Promotion and Transfer) Rules, 1975--- ---R. 3---Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, R. 21--- Probational appointment--- Employee serving FIA for 14 years after completion of probation period stood automatically absorbed as a permanent and confirmed employee of FIA. Syed Iftikhar Hussain Gillani, Senior Advocate Supreme Court for Appellant. Saeed Yousaf Khan, Additional Advocate-General, Punjab for Respondent No. 1. Khalid Ismail Abbasi, Deputy Attorney-General, Arshad Ali Chaudhry, Advocate-on-Record and Jaffar Shah, Dy. Director (Law) for Respondent No.2. Date of hearing: 8th April, 2011. JUDGMENT ANWAR ZAHEER JAMALI, J.---This appeal is directed against the judgment dated 25-7-2008, in Appeal No. 2337 of 2007, passed by Punjab Service Tribunal, Lahore, Rawalpindi Bench (in short the Tribunal), whereby the said appeal, preferred by the appellant for challenging two letters No. SO(P)11-47/84/2111 dated 31-5-2005 and No. Coord. CMS/07/OT-45/549/24 dated 18-7-2007, and seeking further directions to issue notification of his repatriation to the Government of Punjab, was rejected. 2. Briefly stated, relevant facts of the case are that the appellant, who was initially appointed as Deputy District Attorney (BS-17), through Punjab Public Service Commission, vide notification dated 22-3-1994, after having served in the said department for more than seven years, was taken on deputation as Assistant Director (Legal) in Federal Investigation Agency (FIA) under the Ministry of Interior, vide Establishment Division Notification dated 4-3-1991. Later on, vide another notification dated 23-7-1997, with the approval of the competent authority, he was permanently absorbed as Assistant Director (Legal) against the post reserved for direct recruitment quota of the Province of Punjab. Further, by same notification, it was also confirmed that his seniority was to be reckoned from…

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