Case Details

Citation(s)
1997 SLG 931 1997 SLD 931 1997 PLC 711
Federal Service Tribunal, Islamabad
Appeal No. 244(R) of 1996, heard on 31st July, 1996
ABDUL RAZZAQ A. THAHIM, CHAIRMAN, MUHAMMAD ISMAIL AND NOOR MUHAMMAD MAGSI, MEMBERS

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MUHAMMAD MASOOD AHMED

VS

CHIEF COMMISSIONER, ISLAMABAD CAPITAL TERRITORY, ISLAMABAD and 4 others

Law:

Section:

(a) Service Tribunals Act (LXX of 1973)S .4(1)Civil Servants Act (LXXI of 1973), S. 2(1)(b)Appeal filed by employee of Provincial Government before Federal Service Tribunal­CompetencyCivil servant who was an employee of Government of Punjab and had lien in his parent department, remained on deputation with Federal Government for some time but ultimately was repatriated to his parent department and was relieved of his dutiesCivil servant filing appeal before Federal Service Tribunal against rejection of his claim for absorption in the department of Federal GovernmentHeld, Federal Service Tribunal, could not take cognizance of case of civil servant who was employee of Government of Punjab and not employee of Federal GovernmentAppeal filed by civil servant of Punjab before Federal Service Tribunal, was not competent in circumstances. Province of Punjab v. Ikramul Haq 1986 SCMR 1994 ref (b) Civil service DeputationistPermanent absorption of deputationistVested right of deputationistCivil servant who was employee of Provincial Government, his services were placed at the disposal of Federal Government, but later on he was repatriated to his parent department where he rejoinedCivil servant claimed that he should be permanently absorbed with Federal Government in grade which he was given on deputation but his claim was rejected­Deputationist could not have a vested. right to claim his absorption by borrowing department as discretion in this behalf lay with Competent Authority Deputationists who remained loanees, their terms and conditions of service would remain with their parent department where their lien was maintainedClaim of civil servant, thus, was rightly rejected and in absence of any violation or infringement of any terms and conditions of service of civil servant, order of Authority could not be interfered with. ESTACODE, Serial No. 47, 1989 Edn.; 1991 SCMR 1765; 1993 SCMR 2337 and 1995 PLC (C.S.) 846 ref. Sheikh Riazul Haq for Appellant. Khalid Abbas Khan, Federal Counsel and Muhammad Aslam, A.D. for Respondents Nos. 1 to 3. Shahid Pervaiz Butt, Deputy Director (Adorn.) for Respondent No.4. Mansoor Ahmed for Private Respondent No. 5. Date of hearing: 31st…
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