Law:

Section:

Balochistan Board of Intermediate and Secondary Education Ordinance (X of 1977)-------Ss. 2(a), 6, 11, 12, 20 & 33(4)---Balochistan Board of Intermediate and Secondary Education, Employees Regulations, 1991, Regln.11---Baluchistan Civil Servants Act (IX of 1974), Preamble---Constitution of Pakistan (1973), Art.199---Constitutional petition---Transfer on deputation---Employee working as Librarian in B-16 in a Government College was transferred and posted as Assistant Controller B-17 in the Education Board on deputation for a period of three years---Said transfer had been challenged alleging that it was against provisions of Balochistan Board of Intermediate and Secondary Education Ordinance, 1977 and Balochistan Board of Intermediate and Secondary Education Employees Regulations, 1991---Validity---Board being autonomous body, rules of deputation applicable to government servants, were not made applicable to the employees of the Board---Board was set up under Balochistan Intermediate and Secondary Education Ordinance, 1977 and according to S.3 of said Ordinance, Board was empowered to appoint such officers and staff as it would consider necessary and Board under powers conferred upon it by virtue of S.20 of the Ordinance, had framed Regulations, called Balochistan Board of Intermediate and Secondary Education Employees Regulations, 1991; which were applicable to employees of Board---Civil Servants Act, 1974 or any other rules were not made applicable to employees of the Board---Employee was a government employee and in order to transfer his service on deputation to the Board, Authorities should have adhered to provisions of Balochistan Board of Intermediate and Secondary Education Ordinance, 1977 and Regulations 1991 made under said Ordinance, but that had not been done, as Provincial Secretary S&GAD had approved deputation of employee and not the Board which was competent to approve the deputation---Notification whereby employee was transferred on deputation, was declared to have been issued without lawful authority and was of no legal effect. W.N. Kohli for Petitioners. Khadim Hussain, Sunder Dass and Amanullah Tareen, Asstt: A.-G for Respondents Nos.2…

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