TUFAIL MUHAMMAD vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar R — 2025 PLC(CS) 459 PESHAWAR-HIGH-COURT

Case information

Citation: 2025 PLC(CS) 459 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2025
Reporter: PLC
Parties: TUFAIL MUHAMMAD vs GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar R
Subject matter: Service
Provisions referred to: Pakistan 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

TUFAIL MUHAMMAD VS GOVERNMENT OF KHYBER PAKHTUNKHWA through Chief Secretary, Civil Secretariat, Peshawar R. 4(2)---Deputationist---Out of cadre absorption from Federal entity to Provincial Management Service---Deputation and extension in period thereof in violation of the Deputation Policy---Deputation not a vested right---Petitioner having his substantive post of Assistant Manager Technical in Pakistan Ordinance Factory, Wah Cantt and also not being a civil servant claimed his out of cadre absorption in Provincial Management Service (PMS)---Validity---Under R.4(2) of the Provincial Management Service Rules, 2007, there is no scope for absorption of employees of Federal Autonomous Bodies in the Provincial Services---Petitioner not being a civil servant and employee of a factory was not even eligible to have been posted at the relevant time on deputation in the Provincial Government---Extension in the period of deputation above the maximum period of five years had been provided from time to time without adhering to the Deputation Policy---Petitioner was holding a substantive post in his parent department and the period of deputation spent in the province was unprecedented and was a question mark on the authorities, who allowed such extension in deputation from time to time---Deputationist could not remain on deputation for an indefinite period---Deputationist had no vested right to complete the deputation period and the borrowing department had sole discretion to decide fate of the deputationist and could repatriate him at any time to the parent department---Constitutional petition was dismissed, in circumstance.

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