Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 10---Fundamental Rules, R. 110---Constitution of Pakistan (1973), Art. 212(3)---Civil servant, while serving petitioner (agency), was transferred on deputation to another agency for period of three years ---Civil servant on receipt of transfer order, instead of reporting for duty in his new assignment, assailed his transfer order before Service Tribunal by way of appeal---Service Tribunal, while conceding that under S. 10, Civil Servants Act, 1973, civil servant was liable to transfer anywhere, found that case of civil servant was distinguishable from ordinary cases of transfer as his transfer from parent Department to another Department tantamount to foreign service---Transfer order of civil servant was set aside by Service Tribunal with direction to petitioner to take civil servant on duty immediately with all consequential benefits---Leave to appeal was granted to consider, inter alia, whether civil servant's transfer on deputation from his parent department to another department was tantamount to foreign service and as such same was violative of Fundamental Rule 110. Raja Muhammad Bashir, Deputy Attorney-General with Raja Abdul Ghafoor, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 6th December, 1995 ORDER MUHAMMAD BASHIR JEHANGIRI J.---This petition for special leave to appeal is directed against the judgment of the Federal Service Tribunal, Islamabad, dated 28-5-1995 whereby the respondent's appeal to challenge his transfer on deputation from F.I.A. Quetta to Anti-Narcotics Task Force Unit, Quetta (A.N.T.F.) was accepted, the impugned transfer order was set aside and the petitioner-Agency was directed "to take the respondent on duty immediately with all consequential benefits". 2. The background of the case is that the respondent while serving the petitioner-Agency as Inspector was transferred on deputation to A.N.T.F. for a period of three years vide order dated 4-5-1994. He was accordingly relieved from the office of petitioner No.6 on 8-5-1994. Instead of reporting for duty in A.N.T.F. at Quetta he assailed his transfer order before the Tribunal by way of an appeal. The main…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492