| Citation(s) |
|---|
| 2004 SLG 970 2004 SLD 970 2004 SCMR 690 |
Supreme Court of Pakistan
Civil Petition No.41 of 2004, decision dated: 26-01-2004.(On appeal from the judgment dated 8-1-2004 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 1439(R)/CS of 2003)
SYED DEEDAR HUSSAIN SHAH AND FAQIR MUHAMMAD KHOKHAR, JJ
Petitioner in person. Makhdoom Ali Khan, Attorney-General for Pakistan with Aslam Sanjrani, Additional Secretary, Establishment Division and Hafiz S.A. Rehman, D.A.G. for
Respondents
Civil Petition No.41 of 2004, decision dated: 26-01-2004.(On appeal from the judgment dated 8-1-2004 of the Federal Service Tribunal, Islamabad, passed in Appeal No. 1439(R)/CS of 2003)
SYED DEEDAR HUSSAIN SHAH AND FAQIR MUHAMMAD KHOKHAR, JJ
Petitioner in person. Makhdoom Ali Khan, Attorney-General for Pakistan with Aslam Sanjrani, Additional Secretary, Establishment Division and Hafiz S.A. Rehman, D.A.G. for
Respondents
SALEEM ULLAH KHAN-
VS
FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and others
Law:
Section:
Civil Servants Act (LXXI of 1973)----S. 10---Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985---Constitution of Pakistan (1973), Art. 212(3)---Transfer and posting of civil servant as Officer on Special Duty (O.S.D.)---Service Tribunal dismissed appeal of civil servant---Contention of civil servant was that his transfer as O.S.D. for indefinite period was harmful for his future career; that he wanted to work to justify his drawing of salary and allowances; that many senior officers posted as O.S.D. were awaiting their further posting since long; and he ought to have been posted against a cadre post in terms of R.9(1) of Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985---Validity---Posting of senior officers as O.S.D. for interminable period without assigning to them responsibilities was a pathetic state of affairs---Federal Government must properly address such issue---Supreme Court dismissed petition and refused leave to appeal with directions to Government to forthwith review cases of all such officers in order to consider suitability for their further postings and also to evolve a policy for periodic review of such cases. Syed Niaz Hussain Shah Bukhari, Technicia (Process) v. Oil and Gas Development Corporation Limited, Islamabad 2003 SCMR 228 and Syed Ajmal Hussain Bokhari v. Commissioner, Rawalpindi 1997 PLC (C.S.) 754 ref. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal against judgment dated 8-1-2004 passed by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeal No. 1439(R)/C.S. of 2003. 2. The petitioner, an officer of the Police Service of Pakistan, was posted in the Board of Investment, Government of Pakistan. He was transferred and posted as O.S.D. in the Establishment Division by Notification dated 20-11-2003. His departmental representation there-against was rejected. Therefore, he filed Appeal No. 1439(R)/CS of 2003 before the Tribunal which was dismissed, by the impugned Judgment dated 8-1-2004. Hence this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, for leave to appeal. 3. The petitioner,…
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