BILQEES vs The SECRETARY, WAFAQI MOHTASIB OMBUDSMAN'S SECRETARIAT R — 2022 PLC(CS) 235 KARACHI-HIGH-COURT-SIND

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BILQEES VS The SECRETARY, WAFAQI MOHTASIB OMBUDSMAN'S SECRETARIAT R.14---Terms 'appointment' and 'transfer'---Appointment, in violation of rules---Petitioner assailed appointment of respondent on the grounds that she joined office of Wafaqi Mohtasib on deputation and thereafter her services were absorbed---Validity---Neither any procedure nor mechanism provided under Establishment of Office of Wafaqi Mohtasib (Ombudsman) Order, 1983, or Establishment of the Office of Wafaqi Mohtasib Secretariat Officers Service Rules, 2009, to treat appointment by transfer as absorption in transferee department--- Provision of R.14 of Establishment of the Office of Wafaqi Mohtasib Secretariat Officers Service Rules, 2009, could be used as a tool to allow horizontal movement of a civil servant from his / her original cadre to another cadre against scheme of Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 and Establishment of the Office of Wafaqi Mohtasib Secretariat Officers Service Rules, 2009, nor the Orders and Rules could condone eligibility of civil servant, while appointing by transfer---Term 'transfer' was to be interpreted in its common phraseology / parlance and was subject to the limitations contained in Establishment of the Office of the Wafaqi Mohtasib Secretariat Officers Service Rules, 2009---Any appointment by transfer under R.14 of Establishment of the Office of Wafaqi Mohtasib Secretariat Officers Service Rules, 2009, had to be for a fixed term and on completion of such term, a civil servant had to join back his parent department---Word 'appointment' used in Establishment of the Office of Wafaqi Mohtasib Secretariat Officers Service Rules, 2009, could not be equated with the word 'initial appointment' used under Establishment of the Office of Wafaqi Mohtasib Secretariat Officers Service Rules, 2009, which had excluded appointment by transfer and promotion---Restricted meaning was to be given to expression 'appointment by transfer' and initial appointment was to be made through competitive process and not otherwise---High Court directed the authorities to repatriate respondent to her parent department as if she was never sent on deputation and or absorbed---Constitutional petition was allowed, in circumstances.

BILQEES vs The SECRETARY, WAFAQI MOHTASIB OMBUDSMAN'S SECRETARIAT R — 2022 PLC(CS) 235 KARACHI-HIGH-COURT-SINDH

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