Mst. SHAHNAZ GUL vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad R — 2023 PLC(CS) 328 ISLAMABAD

Case information

Citation: 2023 PLC(CS) 328 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PLC
Parties: Mst. SHAHNAZ GUL vs FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad R
Subject matter: Constitutional

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

Mst. SHAHNAZ GUL VS FEDERATION OF PAKISTAN through Secretary Ministry of Interior, Islamabad R.20a---Constitution of Pakistan, art.199---Constitutional petition---Deputation---Effect---Petitioner was civil servant working in Islamabad Capital Territory on deputation from Khyber Pakhtunkhwa---Petitioner was aggrieved of order passed by authorities repatriating her to her parent department in Khyber Pakhtunkhwa---Validity---Ever since year 2016, when petitioner came on deputation to borrowing department, she had a lien over her post in her parent department---Consequences of her deputation was that neither could the post occupied by her as a deputationist be filled by borrowing department in accordance with applicable recruitment rules, nor did her post in her parent department became vacant, so that the same could be filled in accordance with the recruitment rules of the parent department---as per notification, SRO 872(I)/88 dated 01-10-1998, issued by Ministry of Interior, method of appointment to post of LHV (BPS-09) in health department Islamabad Capital Territory was by transfer and failing that by initial appointment---appointment by deputationist could not be equated with appointment of transfer---Sanctioned posts could not be kept vacant and ought to be filled only in accordance with the method of appointment prescribed in applicable recruitment rules---High Court deprecated practice of appointing a deputationist or a contract employee against a permanent / sanctioned post without resorting to method of appointment envisaged by recruitment rules---High Court declined to interfere in the order passed by authorities---Constitutional petition was dismissed in circumstances.

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