Law:

Section:

(a) Fundamental Rules--- ---- F. Rr. 13(b), 9(13) & 14(a)(2)---Constitution of Pakistan (1973), Art.212(3)---Leave to appeal was granted to consider whether Government servant holding substantively permanent post would retain lien on that post: whether lien of permanent civil servant could not be terminated even with his consent; and same could, however,-be terminated only where he was confirmed against some other permanent post. Mazhar Ali v. Federation of Pakistan 1992 SCMR 435 ref. (b) Fundamental Rules- ----F.Rr. 9(13), 13(b) & 14(a)(2)---Confirmed post office employee seeking jobs in other departments and joined employment of those departments on temporary basis---Civil servant in course of time having joined Supreme Court as Court Associate, his probation period was not extended--Civil servant applying to his parent department viz. post office for re-employment---Registrar of Supreme Court also recommended civil servant's re-employment in post office on the ground that his lien therein was not terminated---Post Office Department refused to re-employ civil servant on the pretext that he had resigned before joining service in other department---Civil servant's appeal before Service Tribunal was dismissed---Validity---Held, in order to disentitle civil servant to reclaim his confirmed service, it would be essential to show that civil servant was confirmed in any of his new jobs which he got later in time---Civil servant having not been confirmed in any of his subsequent jobs, his lien with his parent department remained intact throughout in spite of the fact that he joined service in other departments---Decision of Service Tribunal and Office Memorandum whereby civil servant was refused to be re-absorbed in service were set aside being without jurisdiction---Civil servant was deemed to be in service brut would not be entitled to back benefits. Mazhar Ali v. Federation of Pakistan 1992 SCMR 435 rel. (c) Constitution of Pakistan (1973)--- ----Arts. 189 & 190---Decision of Supreme Court---Binding, effect of---Extent--­Law declared by Supreme Court would bind all Courts, Tribunals and bureaucratic set-up in Pakistan. Mazhar Ali v. Federation of…

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