Law:

Section:

Constitution of Pakistan (1973)--Art.212(3)---Keeping in civil servant without posting---Service Tribunal allowed appeal of civil servant with finding that in case an officer was not given any posting the loss caused to Government would be recovered from personal pocket of the posting and transferring Authority---Validity---Service Tribunal was not justified to give such observation in the ---Petition for leave to appeal was converted into appeal and such portion of of Service Tribunal was ordered to be deleted by Supreme Court. Ainuddin, Additional Advocate-General with Wajahat Niaz, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 26th July, 1999. JUDGMENT SH. IJAZ NISAR, J.---Leave is sought against the judgment, dated 27-11-1998, passed by the Sindh Service Tribunal, Karachi, containing an observation that if any civil servant is kept without posting, the loss occasioned to the Government, shall be recovered from the personal pocket of the posting and transferring authority concerned. 2. The relevant facts are that by means of notification dated 12-9-1997, issued by the Chief Secretary, Government of Sindh, Ahsanullah respondent (BPS-19) was directed to report to the Education Department for further orders. The respondent challenged the said notification in the Sindh Service Tribunal, contending that he had neither been given posting nor paid any salary. The Service Tribunal by judgment dated 27-11-1998 allowed the appeal directing the petitioner to ensure payment of salary to the respondent as per legal entitlement with a further direction to place his case before the appropriate Selection Board for his posting as Chief Engineer/Project Director Education Works Department, subject to the prescribed criteria. The Tribunal also made the following observation:-- "We would also like to observe and direct here that no civil servant should be kept without posting in violation of the existing laws of the subject and if it so happened the loss to the official treasury should be recovered from the personal pocket of transfer and posting authority concerned whosoever he may be." 3. The Government of Sindh has challenged the above…

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