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Petitioner: MUHAMMAD ANWAR SHAIFTA VS Respondent: SECRETARY TO GOVERNMENT OF PUNJAB
1998 P L C (C
1998 P L C (C.S.) 151
[Supreme Court of Pakistan]
Present: Zia Mahmood Mirza and Mukhtar Ahmed Junejo, JJ
MUHAMMAD ANWAR SHAIFTA, ASSISTANT PROFESSCR
versus
SECRETARY TO GOVERNMENT OF PUNJAB and others ,
Civil Petition No. 2096-L of 1996, decided on 9th December, 1996.
(On appeal from the judgment dated 23-10-1996, passed by the Punjab Service Tribunal, Lahore in Appeal No. 890/96).
Punjab Civil Servants Act (VIII of 1974)---
S. 9---Constitution of Pakistan (1973), Art. 212(3)---Transfer of civil servant (petitioner) for period of three years on deputation---Petitioner, after about one year was required to report to Director of Education for his further posting---Petitioner's appeal before Service Tribunal was rejected-- Validity---Petitioner's plea was that order repatriating him to his parent Department putting an end to his deputation was passed by Secretary Education on the directive of Chief Minister without applying his own independent mind and that order in question, was wholly arbitrary-- Contention raised by petitioner would need consideration---Leave to appeal was granted to examine the contention raised.
Ch. Muhammad Ashraf, Advocate Supreme Court, with C.M. Lateef, Advocate-on-Record for Petitioner.
Sh. Asghar Hameed, Advocate Supreme Court with Ejaz Ahmed Khan, Advocate-on-Record for the Caveators.
Date of hearing: 9th December, 1996.
ORDER
ZIA MAHMOOD MIRZA. J. ---Petitioner' was an Assistant Professor, Government S.E. College, Bahawalpur when his services were placed at the disposal of the Board of Intermediate and Secondary Education, According to the terms of his deputation, petitioner was to work in the Board for a period of three years, of course, "during the pleasure of the Controlling Authority of the Board Governments. He was also allowed deputation allowance at the rate of 10% of his pay. After about a year or so, Sh. Muhammad Naeem, Assistant Professor, Government Rizvia Islamia Degree College, Haroonabad was appointed as Controller of Examination, Board of Intermediate and Secondary Education, Bahawalpur vide the petitioner who was directed to report to the Director of Education, Colleges, Bahawalpur Division for his further adjustment/posting. This was vide Notification dated 14th July, 1996.
2. Feeling aggrieved, petitioner after making a representation to the competent authority which was not responded preferred service appeal before the Service Tribunal making a grievance, inter alia. that the impugned order was passed as a result of political influence exerted by the respondent and that he was not allowed to complete the tenure of his deputation without any rhyme or reason. Learned Tribunal has rejected the petitioner's appeal vide judgment dated 23-10-1996.
3. Learned counsel for the petitioner has vehemently contended that the order repatriating the petitioner to his parent department putting an end to his deputation was passed by the Secretary on the directive of the Chief Minister and without applying his own independent mind. The order in question, according to the learned counsel, was wholly arbitrary.
4. Contention raised by the learned counsel needs consideration. Leave to appeal is, therefore, granted Interim stay order issued by a learned Judge of this Court in A Chambers on 6-11-1996 shall continue in force pending the hearing of the appeal which may be fixed at an early date.
A.A./M-37/S Leave granted.