KHUSHDIL KHAN MALIK vs SECRETARY, ESTABLISHMENT DIVISION CABINET BLOCK, ISLAMABAD R — 2021 SCMR 1496 SUPREME-COURT

Case information

Citation: 2021 SCMR 1496 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: SCMR
Parties: KHUSHDIL KHAN MALIK vs SECRETARY, ESTABLISHMENT DIVISION CABINET BLOCK, ISLAMABAD R
Subject matter: Service

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

KHUSHDIL KHAN MALIK VS SECRETARY, ESTABLISHMENT DIVISION CABINET BLOCK, ISLAMABAD R. 2, Cl. (viii) ---Induction in Secretariat Group---Pre-requisites---Petitioner was inducted into service against the post of Headmaster (BPS-18) on 24.12.1996 in the Federal Government Educational Institutions (Cantts/Garrison)--- In the year 2004 he was transferred to the Federal Government on deputation basis and he was repatriated to the parent department vide an Office Memorandum dated 20.10.2010; he had hardly served in his parent department as member of the teaching staff when he was again transferred in the year 2011 to the Federal Secretariat on deputation---Petitioner was neither an officer of Management Group nor of Secretariat Group as provided in Cl. 3 of the Office Memorandum No.2/2/75-ARC dated 12-04-1976 [Manual on Appointment, Promotion and Transfer (Edition-2013), Appendix A, Page No. 280]---Moreover he didn't belong to any of the 'Occupational Groups' in terms of Cl. (viii) of R. 2 of the Occupational Groups and Services (Probation, Training and Seniority) Rules, 1990; therefore he could not be considered for appointment through horizontal movement---Moreover there was nothing on record to show that the petitioner was ever recommended by the controlling Ministry of the parent department to be considered for such appointment---Therefore the petitioner had no vested right to be considered for induction/absorption in the Secretariat Group as per prescribed eligibility criteria and conditions laid down in the relevant laws and policies, despite his best service record---Petitions for leave to appeal were dismissed.

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