Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 10---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Appointment as Commercial Consular in Embassy of Pakistan, abroad---Civil servant before completion of his such tenure was called back and ultimately appointed as Consul-General in another country---Ministry of Foreign Affairs despite lapse of period- of about three months, without disclosing any legitimate reason, had taken no steps to complete formality of obtaining agreema of Host Country to enable petitioner to join his new assignment---Petitioner's plea for direction to Ministry of Foreign Affairs to do the needful to enable him to proceed to said country and join his assignment as also direction for payment of his unpaid salary and allowances---Entitlement---Foreign posting relating to posts not on the cadre of Foreign Service or on disposal of Ministry of Foreign Affairs, was not supposed to be made by Ministry of Foreign Affairs, therefore, concerned officials of said Ministry were not justified in delaying process of completing formalities for implementation of order of appointment of petitioner as Consular-General---Ministry of Foreign Affairs like other Ministries and Departments of Federal Government, while discharging its functions in relation to such matters concerning with foreign posting and transfer of officials other than Ministry of Foreign Affairs, has to play only role of agent and not that of Controlling Authority, therefore, encroachment upon rights of others by Foreign Ministry in such manner could definitely cause unrest among Government servants---Officials of Foreign Ministry in derogation of Rules and contrary to Rules of smooth running of business of Government attempted to frustrate appointment of petitioner compelling him to knock the doors of Court---Respondents having conceded the entitlement of petitioner to his new post alongwith his salary due, petition was allowed with necessary directions to respondents in this, behalf. Mansoor Ahmad for Petitioner. Ch. Afrasiab Khan, Standing Counsel with Ross Masud, Deputy Legal Advisor and Muhammad Saleem, Section Officer for Respondents. Date of hearing: 5th June, 1997.…

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