| Case ID |
0368f908-5cce-4695-a6cf-da78a0f3855c |
| Body |
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| Case Number |
Civil Petition No. 1741-L of 1999 |
| Decision Date |
Nov 23, 1999 |
| Hearing Date |
Nov 23, 1999 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal filed by the Executive Engineer, Provincial Building Circle, Lahore against the judgment of the Punjab Service Tribunal. The Tribunal had directed that the respondent, who had been on deputation for over 11 years without permanent absorption in the borrowing department, could not have his lien terminated and was entitled to rejoin his parent department. The Court found no grounds for interference with the Tribunal's decision, thereby upholding the respondent's right to return to his original department. |
| Summary |
In the case of Executive Engineer, Provincial Building Circle, Lahore vs. Muzaffar Bil Haq and others, the Supreme Court of Pakistan addressed the issue of a civil servant's lien while on deputation. The court emphasized that a civil servant who has not been permanently absorbed into a borrowing department maintains their lien in the parent department, even after long periods of service in the borrowing department. The decision highlights the rights of civil servants in terms of their employment status and the legal protections afforded to them under service laws. The court dismissed the petition for leave to appeal, reinforcing the Tribunal's ruling in favor of the respondent. This case is significant for civil service law, particularly regarding the administration of civil service rules and the rights of employees on deputation. Key terms: civil service, lien, deputation, employment law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SAIDUZZAMAN SIDDIQUI, C.J.,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF, JJ
|
| Lawyers |
Aziz Ahmad Chughtai, Advocate Supreme Court,
Rao Muhammad Yousaf Khan, Advocate-on-Record,
M. Zaman Qureshi, Advocate Supreme Court,
Qazi Mohyuddin, Advocate Supreme Court
|
| Petitioners |
EXECUTIVE ENGINEER, PROVINCIAL BUILDING CIRCLE, LAHORE
|
| Respondents |
2 others,
MUZAFFAR BIL HAQ
|
| Citations |
2000 SLD 807,
2000 SCMR 656,
2000 SLD 1219
|
| Other Citations |
Not available
|
| Laws Involved |
Not available
|
| Sections |
Not available
|