| Citation(s) |
|---|
| 1996 SLG 713 1996 SLD 713 1996 PLC 891 |
Supreme Court of Pakistan
Civil Appeals Nos. 539, 540 and 541 of 1994, decision dated: 28-02-1996, hearing DATE : 29-11-1995
ZIA MAHMOOD MIRZA, MUHAMMAD MUNIR KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Shah Abdur Rashid, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Appellants (in Appeal No. 540 of 1994). Appellant in person (in Appeal No. 539 of 1994) Raja Muhammad Beshir, Dy. A.G. with Ch. Akhtar Ali, Advocate-on-Record for A
Civil Appeals Nos. 539, 540 and 541 of 1994, decision dated: 28-02-1996, hearing DATE : 29-11-1995
ZIA MAHMOOD MIRZA, MUHAMMAD MUNIR KHAN AND MUHAMMAD BASHIR KHAN, JEHANGIRI, JJ
Shah Abdur Rashid, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record for Appellants (in Appeal No. 540 of 1994). Appellant in person (in Appeal No. 539 of 1994) Raja Muhammad Beshir, Dy. A.G. with Ch. Akhtar Ali, Advocate-on-Record for A
FARID MUHAMMAD
VS
SECRETARY, MINISTRY OF FOOD, AGRICULTURE AND COOPERATIVES, GOVERNMENT OF PAKISTAN, ISLAMABAD and 12 others FARID MUHAMMAD Vs SECRETARY, MINISTRY OF FOOD, AGRICULTURE AND COOPERATIVES, GOVERNMENT OF PAKISTAN, ISLAMABAD and 12 others
Law:
Section:
(a) Civil Servants (Confirmation) Rules, 1973--- ---R. 6---Constitution of Pakistan (1973), Art. 212(3)---Lien---Lien of civil servant in his parent department from where he was transferred to another department and confirmed---Civil servant's claim to be repatriated to his parent department after his confirmation in the department to which he was transferred from his parent department, was granted by Service Tribunal---Validity---Leave to appeal was granted to consider the contention whether petitioner after having abandoned his lien in his parent department could not be repatriated after period of 25 years and also to consider whether he was entitled to Secretariat Allowance. Province of Punjab v. Muhammad Ikramul Haq and another 1986 SCMR 1994; Islamic Republic of Pakistan v. Israrul Haq and others PLD 1981 SC 531 and Mazhar Ali v. Federation of Pakistan and others 1992 SCMR 435 ref. (b) Civil Servants (Confirmation) Rules, 1973--- ----R. 6--Constitution of Pakistan (1973), Art. 212---Lien---Civil servant's transfer from his parent department to newly created department---Confirmation of civil servant in the newly created department---Civil servant's entitlement to retain his lien in his parent department---Civil servant on selection of and/or confirmation on another post in another organisation in the Federal Government, Provincial Government, local authority or private organisation, would cease to hold lien against a post in his parent department or authority or organisation--Civil servant having been selected to a post in another department end having been confirmed in that department, would cease to have lien in his parent department. (c) Civil Servants (Confirmation) Rules, 1973--- ----R. 6---Constitution of Pakistan (1973), Art. 212---Non-impleading of necessary parties in appeal before Service Tribunal against whom civil servant had claimed relief and Service Tribunal had directed that civil servant be placed above those unimpleaded parties---Validity---Judgment of Service Tribunal was absolutely unwarranted by law and also violative of the principles of natural justice---Civil servant's appeal before Service Tribunal was, thus, incompetent. (d)…
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