Case Details

Citation(s)
2007 SLG 1798 2007 SLD 1798 2007 PLC 111
Service Tribunal, Punjab
Appeal No.2723 of 2005, decision dated: 20-06-2006.
AZAD MUHAMMAD AWAN, MEMBER-II

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ZAHID HUSSAIN, EX-SUPERINTENDENT

VS

SECRETARY, GOVERNMENT OF THE PUNJAB and another ZAHID HUSSAIN, EX-SUPERINTENDENT vs SECRETARY, GOVERNMENT OF THE PUNJAB and another

Law:

Section:

Civil service-------Transfer and repatriation---Employee was transferred on compassionate grounds on his application against existing vacancy with the consent of both the Directorates---Employee, whose lien was terminated from first department and who had acquired lien in the transferee Department, was repatriated to the original department--Employee had challenged said repatriation---Validity---Employee was rightly transferred to transferee Department after obtaining NOC from both the Directorates and transferred against a clear vacancy---No reason whatsoever existed in the impugned order of repatriation as to why employee was repatriated when he had no lien there---Contention that employee was not permanently transferred to transferee Department was repelled because employee had acquired lien in the transferee Department---Impugned order being arbitrary and without justification, was set aside. Asif Nazir Awan for Appellant. Malik Muhammad Ashraf, District Attorney. Dr. Saeed Ahmed, Veterinary officer, D.R. Dr. Asif Rafique, D.R. and Shabbir Ahmed, Assistant, D.R. Date of hearing: 20th June, 2006. JUDGMENT AZAD MUHAMMAD AWAN (MEMBER-II).---This appeal is directed against the orders, dated 8-8-2005 whereby the appellant was repatriated to Directorate of BLPRI, Kherimurat District Attock. Feeling aggrieved the appellant filed an appeal against the orders of the Secretary before the Chief Secretary through proper channel. Instead of forwarding the appeal to the competent authority the Directorate of Planning and Evaluation Lahore returned the appeal to the appellant vide letter, dated 26-8-2005. The same was again resubmitted before the Chief Secretary on 6-9-2005 which was not decided within the stipulated period, hence the present appeal. 2. Briefly stated the facts giving rise to the present appeal are that the appellant was serving in BLPRI Kherimurat District Attock. He submitted an application copy at page 11, for his transfer to the Directorate of Planning and Evaluation on compassionate grounds and that in case he was transferred to the said Directorate he was not to claim seniority in the said Directorate. The application was allowed and under the…
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