Case Details

Citation(s)
1990 SLG 1587 1990 SLD 1587 1990 PLC 857
Federal Service Tribunal, Islamabad
Appeal No. 53/P of 1989, decided on 17th February, 1990.
SYED ALLY MADAD SHAH, CHAIRMAN AND SALAHUDDIN CHAUDLILY, MEMBER
Shahzada Shahpur Jan for Appellant.

AMIR JAN

VS

SECRETARY, ESTABLISHMENT DIVISION, ISLAMABAD and 2 others

Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-- ---S. 10---Civil Servants (Appointment, Promotion, and Transfer) Rules, 1973, Rr.3, 7, 8 & 9---Reversion---Appellant, on recommendation of Federal Public Service Commission, was appointed as a Deputy Agricultural Census Commissioner (Grade-18)---Apprehending that post of Deputy Agricultural Census Commissioner was not likely to continue for a longer period, he made an application for continuation of post or for his permanent absorption to Population Census Organisation against an equivalent post in Grade-18--­ Appellant was transferred to said Organisation where he took over charge as Deputy Census Commissioner in Grade-18---Appellant, however later on was reverted to his parent Department viz. Agricultural Census against an equivalent post of Grade-18---Appellant, protesting against said reversion, contended that his transfer previously to Population Census Organisation was under provision of Rule 7 of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and it amounted to his regular appointment in the said Organisation---Department, however, stated that appellant's transfer to Population Census Organisation was under provision of section 10 of Civil Servants Act, 1973 which envisaged that every civil servant was liable to serve anywhere within or outside Pakistan, in any post under the Federal or Provincial Government f or local authority or a Corporation or Body set up or established by any such Government---Appellant's transfer to Population Census Organisation was not processed through Departmental Promotion Committee or Central Selection Board, as provided under Rule 7 of the said Rules, but order of his transfer was made with concurrence of Establishment Division just to accommodate appellant as to save him from anticipated termination of his service and also to meet urgent requirement of appointment of Deputy Census Commissioner (Grade-18) against a Departmental promotion seat which could not he filled in by way of regular transfer---Nature of order of transfer of appellant to Population Census Organisation that it was until further orders left power with competent authority to rescind it and,…
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