Law:

Section:

(a) Balochistan Civil Servants Act (IX of 1974)--- ----S. 3-Constitution of Pakistan (1973), Art. 199---Employee of Provincial Assembly Secretariat---Termination of lien---Validity---Constitutional petition---Maintainability---Questions raising main controversy did not relate to terms and conditions of civil servant's service--Dispute factually required ;termination of civil servant's status of being permanently absorbed in Provincial Government or continuing as deputationist on basis of certain mutual arrangements between lending borrowing Authorities---Grievance agitated in petition, thus, had no nexus with terms and conditions specified in Balochistan Civil Servants Act, 1974---Constitutional petition filed before High Court was competent. (b) Balochistan Civil Servants Act (IX of 1974)- ----S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional petition--­Civil servant serving on deputation in another department---Termination of lien by lending department--- Validity---Term "deputation" would mean and imply an arrangement whereby Government, any section of Governmental Authority or statutory body had agreed to lend any employee of such Department, institution or organisation to another Department on mutually acceptable conditions between lending and borrowing Authorities---Where civil servant was sent on deputation to serve borrowing Authority, he would continue to hold his basic service cadre with parent department till his permanent absorption in the borrowing department, pursuant to his conscious consent---Lending Department does not enjoy any power or authority to arbitrarily revoke or terminate lien of his employee temporarily serving in some other institution, statutory body or Government Department as deputationist---Civil servant serving on deputation in Government Department would retain his right of reversion to parent department ---Borrowing Authority in civil servant's case had inalienable powers to return; revert civil servant who was working on deputation to his parent department at its discretion; whereas Lending Authority had absolutely no jurisdiction for declining to receive its own employee being on deputation to another…

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