Case Details

Citation(s)
2002 SLG 1918 2002 SLD 1918 2002 PLC 1161
Lahore High Court
Writ Petition No. 3560 of 2001, heard on 1st January, 2002
MUHAMMAD NAWAZ ABBASI, J

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ASJAD MAHMOOD

VS

FEDERATION OF PAKISTAN through Ministry of Finance, Islamabad and 2 others

Law:

Section:

.----S. 10---Service Tribunals Act (LXX of 1973), S.4---Constitution of Pakistan (1973), Art.212---Transfer and posting of civil servant---Matter relating to terms and conditions of service---Jurisdiction of Service Tribunal---Scope---Member of Civil Service of Pakistan can be posted and transferred anywhere throughout Pakistan as provided under S.10 of the Civil Servants Act, 1973 read with rules on the subject---Civil servant being aggrieved of his transfer or posting can invoke the jurisdiction of Service Tribunal under S.4 of the Civil Servants Act, 1973 within the meaning of Art.212 of the Constitution. (b) Civil Servants Act (LXXI of 1973)--- ----S. 10---Civil Servants (Confirmation) Rules, 1993, Rr.2(b) & 6--­Transfer and posting of civil servant---Retaining of lien by civil servant--­Scope---Civil servant is supposed to serve anywhere inside or outside Pakistan under the provisions of S. f0 of the Civil Servant Act, 1973, unless he is appointed for a particular area/region---If a civil servant is required to serve in a post outside his post and cadre, the terms and conditions of his service cannot be less favour-able to which, he has been entitled in his post--­Civil servant is provided protection under S.10 of the Civil Servant Act, 1973, in respect of his terms and conditions of service unless he is out of his cadre or post either on deputation or on transfer---If civil servant is transferred from one post to another post within the department or on deputation to another department, he is on temporary transfer and cannot claim any right to serve either at a particular place or against a particular post---Provision of SAO of Civil Servants Act, 1973, is not only confined to the extent of temporary transfer of a civil servant from one post to another post or one cadre to another cadre but it also embodies the concept of permanent transfer from one post or cadre to another post or cadre and one group to another group in the Civil Service of Pakistan, subject to certain conditions---Civil servant on such transfer retains lien on his previous post for some time. (c) Service Tribunals Act (LXXI of 1973)--- ----S.4---Civil Service Act (LXX of 1973),…
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