Law: Constitution of Pakistan, 1973

Section: 212(3)

(a) Service Tribunals Act (LXX of 1973)-------S.4---Constitution of Pakistan (1973), Art.212(3)---Termination of service in terms of appointment letter---Leave to appeal was granted to consider whether Service Tribunal was justified in remanding the case to the Department after the services of the civil servant had been terminated in terms of his appointment letter. (b) Civil Servants Act (LXXI of 1973)--S.11(1)(i), proviso---Service Tribunals Act (LXX of 1973), S.4--­Deputation---Lien in parent Department---Civil servant was working in Ministry of Defence, from where he succeeded in obtaining his appointment as Principal/Project Director, Polytechnic Institute for Boys under Ministry of Education---Services of the civil servant were terminated by Ministry of Education after his working for 3-1/2 years---Validity---Civil servant possessed of the right to he repatriated to his parent department by the Ministry of Education, if it were to terminate his services---Lien of a permanent civil servant could not be terminated even with his consent and that the same could be terminated only when he was confirmed against some other permanent post---Nothing on the record was available to show that civil servant was confirmed under Ministry of Education, and, therefore, the entitlement of civil servant to retain lien in his parent Department was beyond any question---Direction issued by the Service Tribunal in its had not been shown to be lacking in any measure whatsoever--­Recognition of the right of the civil servant to go back to his parent Department and to have the matter resolved by all concerned with their mutual mediation/consultation, after his case was referred by the Tribunal to the Establishment Division for the purpose, could not but be upheld. Mazhar Ali v. Federation of Pakistan/President of Pakistan through the Secretary, Establishment Division, Cabinet Secretariat and 2 others 1992 SCMR 435 and Syed Sajjad Hussain v. Secretary, Establishment Division, Cabinet Secretariat, Islamabad and 2 others 1996 SCMR 284 ref. Raja Abdul Ghafoor, Advocate-on-Record for Appellants. Shah A. Rashid, Advocate Supreme Court with Ejaz Muhammad Khan, Advocate-on-Record 1br…

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