HAMID NASRULLAH RANJHA vs CHIEF COMMISSIONER, ISLAMABAD, ICT Deputation — 2022 PLC(CS) 73 ISLAMABAD

Case information

Citation: 2022 PLC(CS) 73 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: HAMID NASRULLAH RANJHA vs CHIEF COMMISSIONER, ISLAMABAD, ICT Deputation
Subject matter: Service
Provisions referred to: Registration Authority Ordinance

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

HAMID NASRULLAH RANJHA VS CHIEF COMMISSIONER, ISLAMABAD, ICT Deputation---Scope---Petitioner assailed notification issued by authorities whereby he, being a deputationist, was repatriated to his parent department---Validity---Normal period of deputation was three years and the concerned official had to report back after completion of his three years period, unless it was extended to further two years and the maximum period was five years, which the petitioner had already completed---No officer could be sent on deputation unless he had completed his three years of service, whereas no detail was provided by the petitioner as to when he was appointed in the National Database and Registration Authority (NADRA), parent department of petitioner---No record was available to even establish that the petitioner was a permanent employee of NADRA---Transfer and posting of non-cadre to a cadre post was not permissible---No concept of sending a NADRA employee on deputation to any other department existed in the National Database and Registration Authority Ordinance, 2000, except if one was a civil servant---Petitioner's deputation from NADRA to Commissioner Islamabad Capital Territory (ICT) Administration was declared to be illegal, in violation of Civil Servants (Appointment, Promotion and Transfer) Rules, 1973 and against the concept of exigency of service---Petitioner had no right to claim absorption in ICT Administration as he was an employee of NADRA---Constitutional petition was dismissed and the petitioner was directed to report his parent department.

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