| Citation(s) |
|---|
| 2025 SLG 5351 2025 SLD 5351 = 2025 SHC 2640 |
Constitutional Petition No.D-682 of 2023
Before: Justice Muhammad Karim Khan Agha Justice Adnan-ul-Karim Memon
Date of hearing & Order: 07.10.2025 Mr. Malik Altaf Hussain, advocate for the petitioners. Mr. Mohsin Shahwani, Additional Attorney General.
(Farman Ali and others
VERSUS
Federation of Pakistan and others)
Law: Constitution of Pakistan, 1973
Section: 199, 212, 189, 9
Law: Civil Servants Act, 1973
Section: 5, 10, 14, 25, 3(2), 6–9, 20A, 21(1)
Law: Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
Section: 4
Law: Federal Service Tribunals Act, (LXX of 1973)
Section:
1. Case Summary
This constitutional petition challenged the illegal absorption of deputationists in the Ministry of Foreign Affairs (MoFA) and Pakistan Missions abroad over the past two decades. The petitioners contended that these absorptions were made in blatant violation of binding Supreme Court judgments, particularly 2013 SCMR 1752 and 2015 SCMR 456, and under the misuse of Section 10 of the Civil Servants Act, 1973, which only permits transfers—not permanent absorption.
The petitioners argued that:
Deputationists were unlawfully absorbed without abolishment of posts or departments;