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Official Citation: 2013 PLC(CS) 915
Court / Jurisdiction: ISLAMABAD
Parties: Mst. ROBIA AYUB vs FEDERATION OF PAKISTAN through Secretary, Ministry of EducationHonorable Justice Muhammad Anwar Khan KasiSyed Mumtaz Mazhar Naqvi
This judicial decision was delivered by the ISLAMABAD. The matter involves proceedings between Mst. ROBIA AYUB and FEDERATION OF PAKISTAN through Secretary, Ministry of EducationHonorable Justice Muhammad Anwar Khan KasiSyed Mumtaz Mazhar Naqvi, officially reported as 2013 PLC(CS) 915. The court reviewed applicable Pakistani statutes, procedural requirements, and governing case-law authorities. The full text below contains the complete facts, arguments, and legal reasoning rendered by the honorable bench.
2013 P L C (C.S.) 915
[Islamabad High Court]
Before Muhammad Anwar Khan Kasi, J
Mst. ROBIA AYUB
Versus
FEDERATION OF PAKISTAN through Secretary, Ministry of Education and others
Writ Petition No.1569 of 2011, decided on 19th May, 2011.
(a) Constitution of Pakistan---
----Arts. 199 & 25---Constitutional petition---Maintainability---Civil service---Policy decision---Policy decision cannot be interfered with by High Court under constitutional jurisdiction, unless there exists strong reasons or there is discrimination.
(b) Civil Servants Act (LXXI of 1973)---
----S. 10---Deputation---Wedlock policy---Scope---Claim of civil servant for permanent absorption against the post held as deputationist on the basis of wedlock policy---Validity---Deputation is an administrative agreement between borrowing and lending authorities for utilizing the services of an employee in the public interest and exigency of services against a particular post against which the deputationists cannot claim any right of permanent absorption.
(c) Civil Servants Act (LXXI of 1973)---
----S. 10---Civil servant---Deputation post---Right of civil servant to remain on deputation post on expiry of deputation period---Deputationist cannot remain on deputation for an indefinite period or stipulated period in accordance with his/her own whims and wishes.
Dr. Shafi-ur-Rehman Afridi v. CDA Islamabad through Chairman and others 2010 SCMR 378 rel.
(d) Civil Servants Act (LXXI of 1973)---
----S. 10---Civil service---Deputation post---Right of civil servant to complete period of deputation---Scope---Civil servant has no vested right to complete the deputation period and in the matter relating to the terms and conditions of service.
Syed Mumtaz Mazhar Naqvi for Petitioner.
ORDER
MUHAMMAD ANWAR KHAN KASI, J.--- The petitioner prays that Circular issued by Federal Director of Education-respondent No. 3, bearing No.F 9/18(W)FDE, dated 3-2-2010, whereby all the deputationists automatically stand repatriated to their parent departments on completion of their maximum deputation period i.e. five years, be set aside as being in contravention of the wedlock policy and Articles 2-A, 3, 4, 9, 14, 25, 35, 37, 38 of the Constitution of Islamic Republic of Pakistan, 1973. It has also been prayed that a direction be issued to the respondents to absorb the petitioner permanently against her present posting at Islamabad.
2. It is submitted that the petitioner belonged to Education Department, Government of Khyber Pukhtunkhwa and was appointed on deputation basis as CT Teacher) and posted to F.G. Girls Secondary School Islamabad, on the terms and conditions already issued vide F.D.Es Officer Letter dated 1-10-2005 and accepted by her. Her initial posting was made on 26-4-2006 for three years which was extended for another two years up till 26-4-2011. It is contended that acceding to the wedlock policy and due to studies of her children at Islamabad, she is entitled for permanent absorption against the present posting, but the respondents are not considering her request.
3. Heard and record perused.
4. It is an admitted position that the petitioner has already enjoyed maximum period of deputation i.e. five years and thereafter her services automatically stand repatriated to her parent department according to Circular dated 3-2-2010.
5. For proper adjudication, it will be imperative to reproduce hereunder the extract of Impugned Letter, dated 3rd February, 2010, which was issued by the Federal Directorate of Education, Islamabad, with the subject:---
"EXTENSION IN DEPUTATION"
"I am directed to refer to the subject to convey the policy decision of the competent authority that because of no provision in rules, all deputationists shall automatically stand repatriated to their parent departments on completion of their maximum 05-years of deputation period under Federation Directorate of Education with no exception in any case."
6. It is manifestly clear that in consequence of a policy decision and due to having no provision in rules, it was directed that all deputationists shall automatically stand repatriated to their parent departments on completion of their maximum term of five years of deputation period under Federal Directorate of Education with no exception to any case. The petitioner challenges a policy decision which cannot be interfered with by this court under writ jurisdiction, unless there exits strong reasons or there is a discrimination which, the petitioner has not pointed out.
7. It is also an admitted position that petitioner, after accepting all the terms and conditions of deputation, joined a School at Islamabad and now after completion of stipulated term, for which she had consented at the time of acceptance of terms and conditions of deputation, she has to go back to join her parent department and cannot take any exception.
8. The petitioner is a civil servant and the act done is with regard to her terms and conditions so there arises no question of infringement of any of her fundamental rights.
9. The petitioner's claim on the basis of wedlock policy is also not justifiable for the reason that her petition is silent on the point that her husband is presently working at Islamabad. Service certificate of her husband annexed with the petition shows that he is working as Computer Operator in PTDC Motels under the administrative control of Ministry of Tourism. It is nowhere mentioned that he is presently serving at Islamabad. Even otherwise, the Ministry under which the husband of the petitioner is serving has been devolved upon the Provinces in consequence of 18th Amendment, so there is nothing on record as to where the petitioner's husband is serving at present. I have no hesitation to hold that "deputation" is an administrative arrangement between borrowing and lending Authorities for utilizing the services of an employee in the public interest and exigency of services against a particular post against which the deputationists cannot claim any right of permanent absorption.
10. The law on the subject is very much clear. The petitioner is a civil servant and remained on deputation for a fixed term and was returned to her parent department in consequence of terms and conditions of her deputation. A deputationist cannot remain on deputation for an indefinite period or stipulated period in accordance with his/her own whims and wishes. While taking this view, I am fortified by a Judgment rendered by the Hon'ble Apex Court in the case of Dr. Shafi-ur-Rehman Afridi v. CDA Islamabad through Chairman and others (2010 SCMR 378).
11. The sum and substance of the above discussion is that a civil servant has no vested right to complete the deputation period and matter relating to the terms and conditions of service, the Constitutional Jurisdiction conferred upon this Court under Article 199 of the Constitution cannot be invoked. The petition, thus, being merit less is dismissed in limine.
JJK/57/Isl. Petition dismissed.