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Petitioner: MUBASHAR NAZAR VS Respondent: CENTRAL BOARD OF REVENUE, ISLAMABAD
1992 P L C (C
1992 P L C (C.S.) 864
[Lahore High Court]
Before Falak Sher, J
MUBASHAR NAZAR
Versus
CENTRAL BOARD OF REVENUE, ISLAMABAD and another
Writ Petition No. 1116 of 1991, heard on 29th February, 1992.
(a) Civil Servants Act (LXXI of 1973)
-- ----S. 10---Posting and transfer of civil servant---Civil servant is obliged to serve anywhere within or beyond country's frontiers under Federal or Provincial Government---Exception---Expression "specifically", as, used in S. 10, first proviso of the Act---Meaning, scope and import of.
Administering the literal, grammatical as well as logical rule of construction by way of conjunctive reading of text of the main section 10, Civil Servants Act, 1973 with the two provisos thereof, in unambiguous terms it emerges that a civil servant is obliged to serve anywhere within or beyond the country's frontiers under Federal or Provincial Government, local authority, corporation or body set up by them, save for those specifically recruited to serve in a particular area or region by virtue of the first proviso, which exception too is not of inviolable sanctity upon visualisation through the succeeding proviso consciously legislated by the competent legislature, admittedly being an intervowen texture with the latter making an inroad into the preceding provisions.
Further the expression "specifically" appearing in the first proviso being pressed into service as the sheet anchor of the arguments stands dissipated by the very terms of recruitment i.e. clause 6 of the appointment letter expressly enshrines the condition requiring the petitioners to serve anywhere in Pakistan which was duly accepted and acted upon thus presently can't be allowed to reprobate the same by means of this adventurous course.
(b) Civil Servants (Appointment, Promotion and Transfer) Rules, 1973---
----R. 15---Civil Servants Act (LXXI of 1973), S. 10---Posting and transfer of Civil servant---Provision of R. 15, Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, which envisages appointments of local domiciliaries to the posts of Grades 3 to 15, being a subordinate legislation cannot travel beyond Civil Servants Act, 1973, and does not cater for fetters regarding posting and transfer of civil servants.
(c) Civil service---
---'Posting and transfer by Authority---Competency---Authority being at apex of department hierarchy, inherently enjoys inter-departmental coordinating function like establishment division of Federal Government for despatching of civil servants between latter and Provincial Governments or statutory bodies set up by them.
(d) Constitution of Pakistan (1973)---
---Art. 212---Jurisdiction---Posting and transfer being a necessary term and condition of service of a civil servant, could be grudged against before Service Tribunal within contemplation of Art. 212 of the Constitution---High Court, thus, had no jurisdiction in such mater.
Ch. Mushatq Masood for Petitioner.
Mansoor Ali mad, Standing Counsel for Respondents.
Date of hearing: 29th February, 1992