Law:

Section:

(a) Civil Servants Act (LXXI of 1973)-------S. 10---Constitution of Pakistan (1973), Art.185(3)---Constitutional jurisdiction---Terms and conditions of service---Deputation---Repatriation before time---Civil servant went on deputation but he was returned to his parent department before termination of his period of deputation---Civil servant assailed order of termination of deputation before High Court in Constitutional petition, which petition was dismissed---Validity---In absence of any specific provision of law, deputationist could not ask to serve total period of deputation and he could be repatriated being a deputationist by competent authority in the interest of exigency of service as and when so desired and such order of competent authority could not be questioned---Provisions of Civil Servants Act, 1973, and rules made thereunder, as well as ESTACODE were silent about the fact that a deputionist must serve his entire period of deputation. and such omission seemed deliberate enabling the competent authority to utilize service of an employee in the manner as it might deem fit and proper---Period of deputation could at the best be equated to that of an expression of maximum period which could be curtailed or extended by competent authority and no legal or vested rights were available to a deputationist to serve his entire period of deputation in borrowing department---Question as to whether any valuable right whatsoever was accrued in favour of petitioner as deputationist did not squarely fall within the jurisdictional domain of competent authority and might be agitated subject to all legal exceptions---Supreme Court declined to interfere in the passed by High Court---Leave to appeal was refused. Zain Yar Khan v. Chief Engineer 1998 SCMR 2419; Aslam Warraich v. Secretary, Planning and Development Division 1991 SCMR 2330; Pakistan v. Fazal-ur-Rehman PLD 1959 SC (Pak.) 82; Sheikh Abdul Rahim's case PLD 1964 Lah. 376, Abdul Khaliq Anjum's case 1998 PLC (C.S.) 839; Government of Pakistan v. Prof. M.A. Saeed C.P.No.427-L of 1991 and Prof. M. Ashraf Khan Niazi v. Chairman Board of Governors, Allama Iqbal Medical College 2003 PLC (C.S.) 243. rel. (b) Constitution…

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