| Citation(s) |
|---|
| 2011 SLG 1680 2011 SLD 1680 2011 PLC 513 |
Sindh High Court
Constitutional Petition No. D-3061 of 2010, decision dated: 12-11-2010.
SHAHID ANWAR BAJWA AND TUFAIL H. EBRAHIM, JJ
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Constitutional Petition No. D-3061 of 2010, decision dated: 12-11-2010.
SHAHID ANWAR BAJWA AND TUFAIL H. EBRAHIM, JJ
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ABDUL JABBAR MEMON
VS
FEDERATION OF PAKISTAN through Secretary Ports and Shipping Government of Pakistan and 6 others ABDUL JABBAR MEMON vs FEDERATION OF PAKISTAN through Secretary Ports and Shipping Government of Pakistan and 6 others
Law:
Section:
(a) Constitution of Pakistan-------Art. 199---Constitutional petition---Maintainability---Civil Service---Repatriation of deputationist to his parent department after borrowing department refused to his absorption---Absorption of a permanent employee could be made with concurrent consents of lending department, borrowing department and civil servant concerned---Such petition by deputationist for his continuation on deputation basis or regular deputation would not be maintainable---Petitioner was not an aggrieved person by termination of his deputation, thus, could not maintain such petition---High Court dismissed constitutional petition in circumstances. Dr. Shafi-ur-Rehman Afridi v. C.D.A. Islamabad and others 2010 SCMR 378 fol. (b) Port Qasim Authority Act (XLIII of 1973)--- ----Ss. 5(2), 50 & 51---Constitution of Pakistan, Art.199---Constitutional petition---Termination of deputation by Port Qasim Authority---Non-absorption of petitioner by his parent department after his repatriation thereto on ground of non-existence of vacant post---Validity---Deputationist could always be repatriated to his parent department, which was bound to post and adjust him upon his repatriation---High Court disposed of such petition on above terms. Petitioner in person. Ashiq Raza, D.A.-G. for Respondents Nos. 1 and 2. Sanaullah Noor Ghouri for Respondents Nos.3 to 7. Date of hearing: 12th November, 2010. JUDGMENT SHAHID ANWAR BAJWA, J.--- Petitioner argued this petition in person. Petitioner is an Officer in BPS-17 in the Ministry of Labour, Manpower and Overseas Pakistanis and was posted as Assistant Director, National Institute of Labour Administration Training, Karachi. Respondent No.3 Port Qasim Authority on 29-10-2008, advertised for the position of Secretary (BPS-18/19) in the Authority. The Petitioner applied in response to the advertisement. Thereafter letter dated 6-10-2008 was written by Port Qasim Authority to the Secretary, Ministry of Labour, Manpower and Overseas Pakistanis, requesting services of petitioner for the post of Secretary/Deputy Secretary (BPS-18/19) on deputation basis for a period of three years. This request was accepted by the Ministry and…
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