| Citation(s) |
|---|
| 1989 SLG 1152 1989 SLD 1152 1989 PLC 180 |
Federal Service Tribunal, Islamabad
Appeal No. 19(R) of 1985, decided on 26th May, 1988.
SYED ALLY MADAD SHAH, CHAIRMAN AND SALAHUDDIN CHAUDHRI, MEMBER
M.S. Siddiqi for Appellant. Muhammad Amir Akbar Khan for
Respondents.
Appeal No. 19(R) of 1985, decided on 26th May, 1988.
SYED ALLY MADAD SHAH, CHAIRMAN AND SALAHUDDIN CHAUDHRI, MEMBER
M.S. Siddiqi for Appellant. Muhammad Amir Akbar Khan for
Respondents.
MAQBOOL AHMAD KHAKWANI
VS
SECRETARY, MINISTRY OF EDUCATION and another
Law:
Section:
Civil service-- --- Deputation--Training abroad--Appellant holding post of Assistant Education Advisor, selected for a training course at Pans under a Cultural Exchange Programme (1981)--Sanction letter issued stipulating that appellant during period of training would be treated on deputation end would be entitled to pay any allowances in line with policy letter from Ministry of Finance--Processing of case having taken longer period than expected, appellant could not avail training facility abroad in 1981 Session--Host country, however, conveyed acceptance of appellant for 1982 Session--Appellant requested concerned officer for issuing fresh formal sanction but this time, instead of allowing terns similar to those of 1981, appellant was sanctioned leave ex-Pakistan--Appellant, although, left for Paris yet he did not give up his claim for being treated as on deputation an repeatedly requested Government authorities for treating him on deputation and for issuing formal sanction with terms and conditions similar to one issued in 1981--Government authorities contended that appellant had of his own volition chosen to ask for leave instead of deputation abroad and that persons who went abroad for training under Technical Assistance Programme were only treated on deputation and since appellant was going on Cultural Exchange Programme he was not to be treated as such--Held, since first sanction issued in 1981, there had been no change in Rules or policy on subject--Appellant had no alternative but to avail of leave ex-Pakistan lest he should miss opportunity again, as time for reporting to Paris drew nearer--Competent authority could treat an officer on deputation even in case of training facility course under Cultural Exchange Programme--Appellant's grievances, therefore, were well founded--Joining course having been deferred to 1982 for no fault of his own, there was no justification for not allowing same terms and conditions in 1982 when everything remaining unchanged. JUDGMENT SALAHUDDIN CHAUDHRI (MEMBER).--The appellant, Maqbool Ahmad Khakwani, is a civil servant working in the Ministry of Education Government of Pakistan, Islamabad. In 1981 when he was holding…
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