Case Details

Citation(s)
1995 SLG 1212 1995 SLD 1212 1995 PLC 375
Federal Service Tribunal, Islamabad
Appeal No. 442(R) of 1994, decided on 26th October, 1994.
ABDUL RAZZAQ A. THAHIM, CHAIRMAN AND MUHAMMAD ISMAIL, MEMBER

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ABDUL MUTTALIB

VS

SECRETARY, CABINET DIVISION, ISLAMABAD and another

Law:

Section:

Civil service- service---- ----Appointment---Civil servant who was appointed as Communication Security Officer in BPS-17 was sent abroad for training and a surety bond to the effect that on return from training he would have to serve Department for ten years was taken from him---Civil servant applied for a post in Grade-18 in another Department but his application was withheld on ground that according to surety bond he was required to serve the Department for ten years and being a specialised and sensitive nature of his job, department could not afford brain drain of experienced officers---Government having incurred huge amount on training of the civil servant who had executed bond to serve department on return and such bond was taken to ensure his return and organisation being a sensitive department, competent authority was justified in the fitness of things not to have forwarded his application, because according to surety bond, he was bound to serve department for ten years---Authority had not violated any rule by not forwarding- application of civil servant for serving in other department. Raja Muhammad Asghar Khan for Appellant, Date of hearing: 17th October, 1994. JUDGMENT ABDUL RAZZAQ A. THAHIM (CHAIRMAN).---Having been selected by the Federal Public Service Commission, the appellant Mr. Abdul Muttalib was appointed as Communications Security Officer (BPS-17) in the Department of Communications "Security, with effect from 21-7-1986 vide Notification dated 5th August, 1986. Subsequently, he was sent abroad for training and a surety bond was taken from him before he proceeded which he executed that on return from training abroad, he will have to serve the' department for ten years. This position has not been denied by the appellant. However, the case of the appellant is that in pursuance to advertisement issued in "The Pakistan Times", dated 16-2-1994, he applied for a post in Grade-18 in the Intelligence Bureau but his application was withheld vide Memorandum dated 28-2-1994 on the ground that according to the surety bond the appellant is required to serve the department for ten years and being a specialised and sensitive nature of his job, the department…
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