Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-----S. 10---Transfer of civil servant---Essentials---Civil servant would be liable to serve anywhere within the country or outside Pakistan; such posting of civil servant would either be under Federal Government, Provincial Government, Local Authority, or Autonomous Body established by Government---During such posting of civil servant, however, his terms and conditions would not be less favourable to him as compared to terms already guaranteed under his previous service---Transfer under S. 10, Civil Servants Act, 1973, was discretion of Federal Government and consequently liability or duty of civil servant concerned with only exception that his existing terms and conditions of service must be protected. (b) Civil Servants Act (LXXI of 1973)- ----S.10---Deputation---Concept---Initiation of disciplinary action against deputationist---Terms and conditions alongwith period of deputation have to be negotiated and settled between the "lending Department" and the "borrowing Department", subject to conditions that terms should not be less favourable to civil servant concerned---Borrowing Authority could initiate disciplinary action against deputationist, however, no final order could be passed and report of such disciplinary proceedings would be submitted to lending Authority for appropriate action by Authorised Officer or the Authority in lending department. (c) Civil Servants Act (LXXI of 1973)--- ----S.10---Lien---Retention of---Concepts of "retention of lien" or "right of reversion"---Incidents attached to such appointment stated. Where civil servant was appointed regularly in a new department, with the permission of the previous one, he was allowed to retain a lien in the previous department i.e. the parent department, and the civil servant concerned has the right to revert back to his parent department only on the happening of certain eventualities and not otherwise. The lien was retained by the parent department for a prescribed period or till the permanent absorption of such civil servant in the new department. Thus, contrary to the transfer under section 10 of the said Act and the transfer on deputation, the civil servant…

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