Law:

Section:

JUDGMENT SHEET

 MIANGUL HASSAN AURANGZEB, J:- Through the instant civil revision petition, the petitioner, Mahmood Rashid, who is working as Assistant Disease Investigation Officer (BPS-17) on deputation basis at the Livestock and Dairy Development Department, Islamabad Capital Territory (respondent No.2), impugns the judgment dated 12.01.2017, passed by the Court of the learned Additional District Judge, Islamabad, whereby the petitioner’s appeal against the order dated 15.06.2012, passed by the Court of the learned Civil Judge, Islamabad, was dismissed. Vide the said order dated 15.06.2012, the learned Civil Court dismissed the petitioner’s suit for declaration and mandatory injunction praying for the setting aside of notification dated 20.11.2015 issued by the Ministry of Interior, Government of Pakistan (respondent No.1), whereby the petitioner’s services were repatriated to his parent department i.e. Livestock and Dairy Development Department, Government of Balochistan (respondent No.4).

2.       Learned counsel for the petitioner, after narrating the facts leading to the filing of the instant civil revision petition, submitted that the petitioner was initially sent on deputation from respondent No.4 to the Livestock and Dairy Development Department, ICT, Islamabad/ respondents No.2 and 3 on 21.10.2011 for a period of three years; that subsequently, his deputation period was extended up to 20.10.2015; that respondents No.2 and 3 had recommended that the petitioner’s deputation period should be extended to 20.10.2016 on the basis of wedlock policy; that the petitioner’s parent department/respondent No.4 had not issued an N.O.C. regarding an extension in the petitioner’s deputation period for malafide reasons; that the petitioner’s wife was employed as a Lecturer at Islamabad Model College for Girls, on permanent basis and therefore, the benefit of the wedlock policy ought to have been extended to the petitioner; that as per notification dated 16.04.2012, issued by the Establishment Division in exercise of the powers conferred by Sub-Section 1 of Section 25 of the Civil Servants Act, 1973 read with notification dated 27.02.1998, the Prime Minister was pleased to direct an amendment in Rule 20-A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, by inserting a proviso to the said Rule, whereby the posting of serving husband and wife at the same station were exempted from being transferred; that as per office memorandum dated 13.05.1998 issued by the Establishment Division, spouses already posted at one station, including those posted on deputation beyond the prescribed maximum period, may normally not be disturbed without compelling reasons; that as per office memorandum dated 08.01.2015, issued by the Establishment Division, the proviso to Rule 20-A of the Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, has an overriding effect on the deputation policy, and posting on deputation under the wedlock policy is without any limit of time. Learned counsel for the petitioner prayed for the instant civil revision petition to be allowed and for the concurrent orders passed by the learned Courts below to be set aside.