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SAIRA ATTA vs The GOVERNMENT OF BALOCHISTAN S — 2022 PLC(CS) 1326 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2022 PLC(CS) 1326 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2022
Reporter
PLC
Parties
SAIRA ATTA vs The GOVERNMENT OF BALOCHISTAN S
Subject matter
Service
Provisions referred to
S. 14---E; S. 14; Balochistan Civil Servants Act

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

SAIRA ATTA VS The GOVERNMENT OF BALOCHISTAN S.14---Employment after retirement---Scope---Petitioner was aggrieved of the re-employment of respondent after his retirement on attaining the age of superannuation---Contention of Provincial Government was that the contract period of respondent had expired and his contractual appointment was not extended, whereas the post created for his appointment had also been abolished---Validity---Re-employment of any retired civil servant had to be made subject to S. 14 of the Balochistan Civil Servants Act, 1974, read with instructions contained in Estacode---Re-employment of respondent was virtually against the Balochistan Civil Servants Act, 1974 and the instructions contained in Sl. No. 21 of Estacode, which otherwise had force of rule and law---Re-employment of persons in service on their retirement could be made in public interest because re-employment against a sanctioned post was likely to affect the junior officers, who were waiting for promotion to the next higher rank as their right of promotion was blocked and they would have to wait till such re-employed officer completed his contract---In the meanwhile, they would have to face difficulties in maintaining their seniority---Promotion of an employee was not to be blocked to accommodate a retired officer, however, if the right of promotion was not blocked by re-employment, then such powers could be exercised and that too in exceptional cases---Official respondents were directed to avoid any such appointment, and in case there was a dire need of any appointment the guidelines given by the Supreme Court were to be followed in letter and spirit---Petition was disposed of accordingly. Head NotesCase Description

Other judgments reported in 2022 PLC

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