Posting and transfer of civil servant

Citation Name : 2018 PLC(CS) 893 SUPREME-COURT
Side Appellant : KHAN MUHAMMAD
Side Opponent : CHIEF SECRETARY, GOVERNMENT OF BALOCHISTAN QUETTA
S. 10 --- Posting and transfer of civil servant --- Junior officer elevated and placed above his seniors through a notification --- Section 10 of the Balochistan Civil Servants Act, 1974 did not state that a civil servant could be posted or transferred by disregarding his seniority , nor did it empower the Government to cut short the normal tenure of a posted /transferred civil servant, and particularly without assigning any reason --- By way of impugned notification a junior officer was elevated and placed above his seniors without assigning any reasons --- Supreme Court set aside the impugned notification in circumstances.

Citation Name : 2018 PLC(CS) 615 SUPREME-COURT
Side Appellant : TIKKA KHAN
Side Opponent : Syed MUZAFFAR HUSSAIN SHAH
Rr. 4 & 4-A---seniority on transfer from one office to another---Civil servants transferred from one Ministry to another after abolishment of the former---Numerous Ministries were abolished and reorganized in the wake of a Constitutional amendment and the respondents being the employees of an abolished Ministry were transferred to a re-organized Ministry---Case of the respondents was, thus, not one of appointment by transfer or absorption or appointment on deputation in the re-organized Ministry---Transfer of the respondents to the re-organized Ministry, therefore, could not be seen through the prism of R. 4 of the Civil Servants' (seniority ) Rules, 1993---Respondents' case was more akin to R. 4A of the Civil Servants' (seniority ) Rules, 1993 and was fully covered by Serial No.33(6) of Estacode, Vol-I, Edition 2007---No cannons of interpretation would scratch or strike off past service of the respondents when they on abolition of the Ministry, were compulsorily transferred to the re-organized Ministry---Past service of the respondents had to be respected and recognized for determining their seniority , and it would, thus, be unfair and unjust to treat the respondents junior to the junior most civil servants in the re-organized Ministry---Petition for leave to appeal was dismissed accordingly.

Citation Name : 2018 PLC(CS) 564 SUPREME-COURT
Side Appellant : MUHAMMAD SHARIF TAREEN, CHIEF OF SECTION (ACTING) (BPS-19), PLANNING AND DEVELOPMENT DEPARTMENT, GOVERNMENT OF BALOCHISTAN, CIVIL SECRETARIAT
Side Opponent : GOVERNMENT OF BALOCHISTAN
R. 7--- Appointment by absorption--- Repatriation to parent department---Appellant was appointed as Agricultural Officer (BPS-17) by initial recruitment in the Balochistan Agricultural and Cooperative Department, and then absorbed against the post of Research Officer (BPS-17) in the Planning and Development Department without affecting the seniority of the Research Officers already working in the department---Plea on behalf of appellant that his case was not covered by the dicta rendered in the cases of Contempt proceedings against the Chief Secretary Sindh and others (2013 SCMR 1752), Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl. O. P. No.31 of 2016 decided on 10.05.2016), therefore, the notification repatriating him to his parent department could not hold the field; held, that the relevant service rules of the Provincial Planning and Development Department provided that vacancy of Research Officer was to be filled by initial recruitment, thus, there was no scope for filling such vacancy by promotion, transfer, absorption or by any other method which was not provided by the relevant law and rules---Appointment of appellant by absorption being hit by the judgments rendered in the cases of Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl.O.P. No.31 of 2016 decided on 10.05.2016) could not be maintained---Appellant had thus rightly been repatriated to his parent department---Review petition was dismissed accordingly.