Law: Constitution of Pakistan, 1973

Section: 199

(a) Civil Service---   ----Deputation---Absorption---Vested right---Scope---Person appointed by initial recruitment or by promotion if transferred or deputed to any other office/department, retains his lien with parent department as is admissible under the Rules and is terminated only by competent authority in accordance with law/Rules---After transfer or deputation such employee unless absorbed in department to which he has been transferred or deputed continues to be employee of his parent department and it is lawful for competent authority to seek his repatriation to parent department/office---Transfer or deputation from one department to another does not by itself create a vested right in favour of transferred or deputed official to claim his employment with the latter department / office before his absorption in such department.    (b) West Pakistan General Clauses Act (VI of 1956)---   ----S.20---Locus poenitentiae, principle of---Scope---Authority which can pass order is entitled to vary or to rescind the same but such, power does not include the power or authority to take away a validly acquired right---Power of rescinding till decisive steps are taken is also exercisable for replacing or rectifying wrong steps taken by concerned authority---Such power is not available to such authority when decisive steps have already been matured---Decisive step is deemed to have been ?taken when order takes effect and certain rights are created in favour of beneficiary of such order---Authority which has passed. an order can withdraw same but only before decisive steps have been taken---Moment the matter has been finalized and the other party has also acted upon it, valuable rights created thereby cannot be jeopardized by rescinding such order.    (c) Civil Servants Pension Rules, 1963---   ----Capital Development Authority Act, 1976, S.25---Notification No.1(66)RP/PD/90, dated, 10-3-1993---Capital Development Authority employees---General Provident Fund---Scope---Petitioner was an employee of Capital Development Authority and was on deputation in another government department---Petitioner was concerned about his General Provident…

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