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Petitioner: S. MASOOD ABBAS RIZVI VS Respondent: FEDERATION OF PAKISTAN through Secretary EstablishmentHonorable Justice Amir Hani Muslim,Nemo
2014 P L C (C.S.) 1077
[Supreme Court of Pakistan]
Present: Amir Hani Muslim, Ijaz Ahmed Chaudhry and Gulzar Ahmed, JJ
S. MASOOD ABBAS RIZVI
Versus
FEDERATION OF PAKISTAN through Secretary Establishment and others
C.P.L.A. No.593-K of 2013, decided on 27th February, 2014.
(On appeal from Order dated 20-8-2013 of the Sindh High Court, passed in C.P. No.D-3112 of 2013)
(a) Civil Servants Act (LXXI of 1973)---
----S. 10---Posting on deputation---Deputationist, right of---Scope---Deputationist repatriated to his parent department without assigning of any reasons--- Legality--- Deputationist did not have any vested right to remain on the post for ever or for a stipulated period---Deputationist could be ordered to be repatriated to the parent department at any time without assigning any reason---Parent department of deputationist was not obliged in law, to assign any reasons for his repatriation.
Dr. Shafi-ur-Rehman Afridi v. C.D.A. Islamabad through Chairman and others 2010 SCMR 378 ref.
(b) Civil Servants Act (LXXI of 1973)---
----Ss. 2(b)(i) & 10---Posting on deputation---Deputationist, status of---Scope---Civil servant, definition of---Deputationist lost his status as a civil servant during the period he was on deputation.
Petitioner in person.
Nemo for Respondents.
Date of hearing: 27th February, 2014.
ORDER
AMIR HANI MUSLIM, J.---Through this petition, the petitioner has impugned the order dated 20-8-2013 passed by the learned Sindh High Court in C.P. No.D-3112 of 2013, whereby the petition filed by the petitioner was dismissed.
2. The material facts for the disposal of the instant petition are that the petitioner was an officer of BS-19 of Pakistan Audit and Accounts Service in Federal Government. His services were hired on deputation basis by the Export Processing Zone Authority for a period of 2 years in his own pay and scale on standard terms and conditions vide Office Memorandum dated 15-8-2012. Subsequently he was promoted to BS-20 by his parent Department vide Notification dated 15-(sic.)-2013 and after his promotion his services were placed at the disposal of Ministry of Industries, Islamabad which posted him in Export Processing Zone Authority Karachi as Director (Finance) BS-20 on deputation basis on standard terms and conditions vide Notification dated 15th May, 2013. He assumed the charge of Director (Finance) in the Export Processing Zone Authority Karachi as Deputationist, however, vide Notification dated 22nd July, 2013 issued by the Establishment Division, Cabinet Secretariat, Government of Pakistan, he was repatriated to his parent Department and posted in the office of the Auditor General of Pakistan with immediate effect. The petitioner assailed the Notification dated 22nd July, 2013, through a Constitutional Petition bearing No.D-3112 of 2013 before the learned Sindh High Court at Karachi, which was dismissed through the impugned order, hence this Civil Petition.
3. It is contended by the petitioner that he was posted in the Export Processing Zone Authority on deputation as Director (Finance) in BS-20 on standard terms and conditions vide Notification dated 15-5-2013 until further orders. He further contended that on 18-5-2013, he assumed the charge, however, the Establishment Division, Cabinet Secretariat, Government of Pakistan issued a Notification dated 22nd July, 2013, whereby, he was repatriated to his parent Department and posted in the office of the Auditor General of Pakistan with immediate effect. He submitted that the said Notification was challenged by him before the learned Sindh High Court and the learned High Court vide impugned order dated 20-8-2013, dismissed the Petition without adverting to the issue as to whether the parent Department was competent to order his repatriation by the impugned Notification, without assigning reason.
4. We have heard the petitioner and have perused the record. It is settled principle that a deputationist does not have any vested right to remain on the post as deputationist forever or for a stipulated period, he could be ordered to be repatriated to the parent Department at any time without assigning any reason. This issue was raised in the case of Dr. Shafi-ur-Rehman Afridi v. C.D.A., Islamabad through Chairman and others (2010 SCMR 378) wherein this Court has held that a deputationist does not have vested right to continue for the stipulated period. We are of the considered view that petitioner being deputationist has no vested right to remain on a post as deputationist or otherwise and can be ordered to be repatriated and or relieved at any time. Moreover, in terms of section 2(b)(i) of Civil Servants Act, 1973 such person even looses his status as "Civil Servant" during the period he is on deputation. The parent Department of the petitioner is not obliged in law, to assign reasons for his repatriation. The learned High Court while dismissing the Petition of the petitioner has rightly held that the parent Department of the petitioner was competent to issue the Notification dated 22nd July, 2013, for which the Department was not required to assign reasons as the petitioner was holding regular/substantive post with the Department of Auditor-General of Pakistan.
5. In the given circumstances, we do not find any infirmity in the impugned order, which could warrant interference. This petition being without merit was dismissed vide our short order dated 27-2-2014 passed today for the aforesaid reasons.
MWA/S-10/SC Petition dismissed.