Citation Name: 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHAFOOR KAKAR vs Honora

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Citation Name: 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHAFOOR KAKAR VS Honorable BALOCHISTAN HIGH COURT Rr.2(g) & 6(2)---Balochistan Subordinate Judiciary Service Tribunal Act (VI of 1989), S. 5---Judicial Officer relieved from Judicial Service of a Province placed at disposal of Judicial Service of Islamabad Capital Territory---"Lien"---Scope---Termination of Lien---Pre-requisites---Judicial officer who earlier served in Balochistan Subordinate Judiciary, was presently posted at Islamabad under Islamabad High Court---Judicial Officer (Additional District and Sessions Judge) was denied ante-dated promotion, when he was Judicial Officer on the payroll of Balochistan High Court (BHC)---Plea of Appellant (Judicial Officer) that he was entitled to such ante-dated promotions in the light of the judgment of the Balochistan High Court / Balochistan Subordinate Judiciary Services Tribunal (SJT) dated 25th April 2016 reported as PLD 2016 Bal. 56 ('judgment-in-question')---Validity---Record revealed that the appellant had not availed any lien from the BHC, rather in the concerned relieving notification, it was clearly mentioned that "they were hereby relieved without lien in parent Department/High Court of Balochistan"---"Lien" means the title of a civil servant to hold substantively a post on which he has been confirmed under R. 2(g) of Balochistan Civil Servants (Confirmation) Rules, 2012---Under R.6(2) of Balochistan Civil Servants (Confirmation) Rules, 2012 , an employee on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post---For termination of lien of a permanent civil servant from his original department, three prerequisites have to be satisfied which are (i) the civil servant concerned has joined other department on regular basis; (ii) joining the other department is result of his selection; (iii) the selection is through a regular selection process---If the said conditions are satisfied and a civil servant has consented for such joining, he would have no claim about his lien in the previous department after expiry of probationary period---Subordinate-Judiciary Service Tribunal, on examination of the case of appellant on said touchstone of the criterion for termination of lien, viewed that the appellant could not retain lien in BHC after joining the services under the IHC on regular basis---He was neither transferred on temporary basis nor was on deputation, whereupon, he would be entitled to the benefit as permissible to an employee on lien---Appellant had failed to make out a case in his favour---Appeal, filed by judicial officer, being merit-less, was dismissed.

Citation Name: 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ABDUL GHAFOOR KAKAR vs Honorable BALOCHISTAN HIGH COURT Rr — 2024 PLC(CS) 1362 QUETTA-HIGH-COURT-BALOCHISTAN

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