| Citation(s) |
|---|
| 2001 SLG 1898 2001 SLD 1898 2001 PLC 566 |
Service Tribunal, Sindh
Appeal No. 93 of 1997, decision dated: 12-01-1999.
ABDUL MAJID KHANZADA, CHAIRMAN, S. NASIM HARDER, SENIOR MEMBER AND BAHAUDDIN SIRHINDI, MEMBER
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Appeal No. 93 of 1997, decision dated: 12-01-1999.
ABDUL MAJID KHANZADA, CHAIRMAN, S. NASIM HARDER, SENIOR MEMBER AND BAHAUDDIN SIRHINDI, MEMBER
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Agha ALTAF NABI
VS
GOVERNMENT OF SINDH and 2 others
Law:
Section:
(a) Sindh Civil Servants Act (XIV of 1973)-------S. 24---Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, Rr. 7, 9-A & 1 0---Sindh Public Service Commission (Function,`. Rules, 1974, R. 5---Sindh Service Tribunals Act (XV of 1973), S. 4--Transfer on deputation---Cancellation of transfer---Civil servant initially was appointed in Housing Town Planning Department on ad hoc basis, but subsequently his services were regularised---Services of civil servant were transferred on deputation to Agricultural and Wildlife Department in his own pay and grade where, on account of his meritorious performance, civil servant was absorbed in transferee Department by, order of Competent Authority---Terms and conditions of the deputation were notified and name of civil servant was also included in seniority list of transferee Department--Transferee Department, through notification, after about three years, cancelled earlier notification through which civil servant was transferred on' deputation and annulled civil servant's absorption in transferee Department, and reverted civil servant to his parent Department---Civil servant had challenged the repatriation/reversion alleging that his transfer/absorption had been cancelled without issuing him any show-cause notice, without inquiry and without affording him proper opportunity of defence-.:-Civil servant at time of his transfer on deputation in B.P.S.-18 was serving in BPS-17 in his parent Department and as per 8.7(1)(2) of Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974, appointment- by transfer could be made from among persons holding appointment on regular basis in same grade in which post to be filled existed---Illegal transfer 'of civil servant on deputation was rightly cancelled---In absence of any cogent ground, order of cancellation could not be interfered with. Sohrab Khan Kalwar's case .PLD 1990 SC 279; Anisa Rehman's case 1994 SCMR 2230; Himayatullah Farukh's case PLD 1969 SC 407; ,PLD 1971 SC 846; PLD 1982 (sic) 184 and Ahsanullah Memon v. Government of Sindh 1993 SCMR 982 ref. (b) Words and phrases--- ------"Legal right "---Meaning and connotation--- "Legal right" was…
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