Law:

Section:

Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Civil service---Appointment---Adjustment in other department---Repatriation---Petitioner initially was appointed as Naib-Tehsildar in Directorate of Housing and Physical Planning; on abolition of said Department he was adjusted in Revenue Department as Additional Naib-Tehsildar against a vacant post---Subsequently when parent department of petitioner was revived, he was repatriated to said department---Petitioner aggrieved from said order of repatriation had filed constitutional petition against said order---Validity---Petitioner was adjusted against a vacant post in Revenue Department on abolition of his parent department; but was not absorbed in Revenue Department---Government servants of Revenue Department were governed by Punjab Revenue Department (Revenue Administration Posts) Rules, 1990, which had provided a procedure, method and manner for recruitment of Naib-Tehsildar---No other rules or provision of law existed which could authorize District Co-ordination Officer or other high-ups of Revenue Department to violate said Rules---District Government Rules of Business, 2001 could not be invoked to change the specific and particular method and character---Petitioner was being repatriated to his parent department, which he had himself chosen for his service at the inception for which he should not hesitate to accept. Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407; Chairman, Minimum Wage Board, Peshawar and another v. Fayyaz Khan Khattak 1999 SCMR 1004; Syed Fazal-e-Mahboob v. Secretary, Establishment Division, Government of Pakistan, Islamabad 2000 SCMR 489 and Muhammad Shoib and 2 others v. Government of N.-W.F.P. through the Collector D.I. Khan and others 2005 SCMR 85 ref. Shamsheer Iqbal Chughtai for Petitioner. Ch. Shafi Muhammad Tariq, A.A.-G. Asghar Majeed, Litigation Officer. ORDER SH. HAKIM ALI, J.---Through this writ petition, Muhammad Saeed, petitioner who was previously appointed as Naib-Tehsildar in the Directorate of Housing and Physical Planning, Circle Bahawalpur was adjusted in Revenue Department as Additional Naib…

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