| Citation(s) |
|---|
| 1995 SLG 1518 1995 SLD 1518 1995 PLC 930 |
Federal Service Tribunal, Islamabad
Appeal No. 404(R) of 1994, decided on 14th March, 1995.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, NOOR MUHAMMAD MAGSI AND AFTAB AHMED MEMBERS
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Appeal No. 404(R) of 1994, decided on 14th March, 1995.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, NOOR MUHAMMAD MAGSI AND AFTAB AHMED MEMBERS
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ROSS MASUD
VS
SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 2 others
Law:
Section:
Civil service--- ---Deputation and repatriation of civil servant---Effect---Civil servant after qualifying C.S.S. examination, was appointed as Section Officer in Office Management Group in 1968---Later on in pursuance to advertisement, civil servant applied for post of Deputy Legal Advisor in B-19, in Ministry of Foreign Affairs and was selected by Federal Public Service Commission and he joined post of Deputy Legal Advisor in Ministry of Foreign Affairs in 1977--After serving for about four years in Ministry of Foreign Affairs where he was regularly appointed through F.P.S.C., civil servant was sent abroad on deputation to work as Assistant Secretary-General of Asian African Legal Consultation Committee and worked there for about three years and after completion of his deputation tenure, civil servant joined his parent department which was Ministry of Foreign Affairs---Again civil servant was deputed to work as Director, Wafaqi Mohtasib Secretariat, where he remained for 10 years and thereafter was repatriated to his parent Department---While civil servant was working in Wafaqi Mohtasib Secretariat on deputation, his co-civil servant who was junior to him and was temporarily appointed as Deputy Legal Advisor in place of civil servant, was promoted from B-19 to B-20 and on repatriation, civil servant was appointed as O.S.D. in B-19, instead of his original post of Deputy Legal Advisor---On taking up new appointment as Deputy Legal Advisor in Ministry of Foreign Affairs by way of direct recruitment through F.P.S.C., appointment of civil servant as Deputy 'Legal Advisor under Ministry of Foreign Affairs in B-19 was a regular appointment and as after such appointment he had severed all his connections with Office Management Group where he was initially appointed, civil servant was officer of Ministry of Foreign Affairs and as such was liable for confirmation as Deputy Legal Advisor in B-19 after his repatriation and he should not have been appointed as O.S.D. for after repatriation he had achieved lien on that post---Services of civil servant after repatriation from deputation could not be infringed. Fazal H. Chaudhry for Appellant. Dr. G.S. Khan for Respondent…
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