Law:

Section:

(a) Constitution of Pakistan (1973)----Art.212(3)---Leave to appeal was granted to examine whether a civil servant of a Province could be so treated or dealt with as to be left with no lien on any post while being posted with the Federal Government. (b) Civil Servants Act (LXXI of 1973)--S.2(1)(h)---Civil Services Rules (Punjab), Vol.I, Rr.3.13 to 3.17--­Fundamental Rules 13, 14 & 14-A---Lien of permanent civil servant--­Termination---Essentials---Lien of a permanent civil servant could not be terminated even with his consent; same could, however, be terminated only when he was confirmed against some other permanent post---Civil servant transferred from the Provincial Government to the Federal Government--­Nothing on record to indicate that he was confirmed under the Federal Government on any post---In absence of such material evidence, his lien would be retained with the Provincial Government and notwithstanding the non-specification of terms and conditions of his deputation, he would be deemed to be on deputation with the Federal Government and would thus, be excluded from the definition of civil servant under the Civil Servants Act, 1973--­President of Pakistan thus would not be the competent Authority for want of jurisdiction to direct either compulsory retirement of such civil servant or termination of his service. (c) Civil service-- ----Lien---Termination---Lien of permanent civil servant could not be terminated even with his consent; same could, however, be terminated only where he was confirmed against some other permanent post---Civil servant having been transferred from Provincial Government to Federal Government, nothing on record indicated that he was confirmed on any post by the Federal Government---Civil servant's lien in absence of such material or evidence would be retained with the Provincial Government and notwithstanding non­ specification of terms and conditions of his deputation, he would be deemed to be on deputation with the Federal Government. (d) Civil Servants Act (LXXI of 1973)-- ----S.2(1)(h)---Civil servant on transfer from Provincial Government to Federal Government was not confirmed by the latter Government on any post under…

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