GHULAM NABI SHEIKH vs SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN S

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GHULAM NABI SHEIKH VS SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN S.25(1)---Deputationist, absorption of---No. vested right---Framing of rules for induction/absorption of deputationsist---Petitioners were aggrieved of their repatriation to parent departments from where they were sent on deputation---Held, that petitioners were not absorbed in borrowing departments---Even issuance of "no objection" by petitioners' parent departments could not give petitioners a vested right for absorption in borrowing departments or in Office Management Group---Petitioners served as deputationists for a period far more than the permissible period---No compelling reasons existed on record to show that services of petitioners were indispensable to borrowing department---Deputationist had no vested right to continue serving in borrowing department until he/she was considered for absorption/induction in Office Management Group---High Court directed that Establishment Division instead of churning out office memoranda every now and then on the criteria for absorption/induction of deputationists serving in Federal Government, should propose framing of Rules under S.25(1) of Civil Servants Act, 1973, on the subject; that appointment of civil servants belonging to other occupational groups, services and cadres and Provincial Governments as Section Officers in the Federal Government were to be regulated by Rules; that this would bring certainty and clarity in the process and criteria for absorption/induction of deputationists in Federal Government or Office Management Group---Constitutional petition was dismissed, in circumstances. Citation Name: 2023 PLC(CS) 32 ISLAMABADBookmark this Case GHULAM NABI SHEIKH VS SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN Deputation---Scope---Deputationist cannot necessarily complete tenure for which he/she was sent on deputation---Power is vested with competent authority to repatriate a deputationist without assigning any reason---In case of transfer on deputation, no vested right accrues to a deputationist to continue for period of deputation--- Competent authority is empowered to repatriate a deputationist as and when exigencies of service require.

GHULAM NABI SHEIKH vs SECRETARY, ESTABLISHMENT DIVISION, GOVERNMENT OF PAKISTAN S — 2023 PLC(CS) 32 ISLAMABAD

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