Law:

Section:

Civil Servants Act (LXXI of 1973)-------S. 10---Constitution of Pakistan (1973), Arts.185(3)---Deputation---Repatriation to parent department---Civil servant was employee of Provincial Government and was on deputation in Education Department, Government of Pakistan---Authorities issued order for repatriation of civil servant to her parent department but she wanted to be absorbed permanently---Validity---Civil servant held lien in her parent department of the Province and could not be absorbed permanently for want of concurrence of Provincial Government, but such 'concurrence was not conveyed to Federal Government---Civil servant was repatriated to her parent department but no response was shown by her parent department nor concurrence of Provincial Government for permanent absorption of civil servant was conveyed in absence whereof, service of civil servant could not be absorbed in the concerned department of Federal Government even if she held requisite qualification and eligibility for such absorption---Civil servant also did not approach to Provincial Government for the purpose of grant of "No Objection Certificate" and consequently in terms of an earlier order passed by Supreme Court, the office order issued by Federal Government for repatriation of civil servant held the field---Judgment passed by High Court was not open to any exception and Supreme Court declined to interfere in the same---Leave to appeal was refused. Raja Abdul Ghafoor, Advocate-on-Record/Advocate Supreme Court for Petitioner. Shah Khawar, D.A.-G., Arshad Anjum, A.D. (FDE), Hadayatullah, S.O. (Education), Peshawar for Respondents. Date of hearing: 4th August, 2009. JUDGMENT RAJA FAYYAZ AHMED, J.--- In the earlier round of litigation culminating in the filing of Civil Petitions Nos.918, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 984, 996, 961, 1142, 1143 and 1230 of 1998 by the petitioner and others against the orders, dated 25-5-1998, 26-5-1998 and 16-7-1998, whereby I.C.As. Nos.40 to 48 of 1998, 50, 52, 55, 53, 59, 61 and 94 of 1998 dismissed by the learned High Court, Rawalpindi Bench, Rawalpindi were disposed of by this Court vide order, dated 4-12-1998 in the terms specified…

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