Law: Constitution of Pakistan, 1973

Section: 4, 18, 25

Law: Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974

Section: 9(I),9-A,3(2)

Summary

The court disposed of the petition seeking invalidation of the 2013 repatriation notification and related reliefs after reviewing the petitioner's irregular absorption and service record. The petitioner was improperly repatriated despite his parent department being defunct, failed to join the repatriated department, and reached superannuation without retirement notification. The court directed an inquiry by the Chief Secretary Sindh to determine liability and entitlement to retirement benefits.

Core Points

• The petitioner started service with Ghee Corporation in 1983, deputed to ACE in 1993, and permanently absorbed in 2004 with seniority protected.
• Ghee Corporation became defunct in 2011; petitioner was promoted to Superintendent BS-17 in 2012.
• Supreme Court judgment (2013 SCMR 1752) ordered reversal of deputations except for those from defunct departments; petitioner was improperly repatriated in 2013 to SGA&CD.
• Petitioner did not join SGA&CD post-repatriation and received no salary or benefits since August 2015.
• Petitioner reached superannuation without formal retirement notification.
• Respondents argued court lacked jurisdiction and petitioner’s absorption was irregular and without proper sanction.
• Court observed that proper procedure under Civil Servants Rules 1974 Rule 9-A was not followed for petitioner’s absorption.
• Chief Secretary Sindh to inquire into responsibility for the irregularities and entitlement to retirement benefits, with a speaking order due within three months.
• Petition dismissed.

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