| Case ID |
43bdd475-999b-41b7-adb4-46ac9f41197d |
| Body |
View case body. Login to View |
| Case Number |
I.C.A. No. 25 of 2016 |
| Decision Date |
Jan 20, 2016 |
| Hearing Date |
Jan 20, 2016 |
| Decision |
The court dismissed the writ petition filed by Mr. Ghansham Das, challenging the notification issued by the Management Services Wing of the Establishment Division repatriating him to his parent department. The court found that the appellant had no vested right to continue on deputation beyond the stipulated period, as per the provisions of the Civil Servants Act, 1973. It held that the repatriation was lawful and in accordance with the terms and conditions of service. The decision emphasized that matters regarding deputation and repatriation fall under the purview of the terms and conditions of service, which limits the High Court's jurisdiction in such cases. The court concluded that the appellant's request for absorption in the borrowing department was not supported by the legal framework, as his parent organization had not been abolished and the necessary procedures for absorption had not been initiated. |
| Summary |
In the case of I.C.A. No. 25 of 2016, the Islamabad High Court addressed the legal implications of deputation under the Civil Servants Act, 1973. The petitioner, Ghansham Das, challenged his repatriation from the Ministry of Information Technology to his original position at the Pakistan Forest Institute. The court highlighted that employees on deputation do not possess an inherent right to remain in a borrowing department indefinitely and that their tenure is subject to the laws governing civil service. The court's ruling underscored the principle that repatriation decisions are within the discretion of the competent authority and are not typically subject to judicial review unless there are compelling legal grounds. This case serves as a significant precedent regarding the rights of civil servants in Pakistan, particularly concerning the terms of their service and the conditions under which they may be repatriated. Key trends in public administration law indicate a growing focus on the rights and duties of civil servants, making this case a vital reference for future legal considerations in similar contexts. |
| Court |
Islamabad High Court
|
| Entities Involved |
Pakistan Forest Institute
|
| Judges |
AAMER FAROOQ, JUSTICE,
MIAN GUL HASSAN AURANGZEB, JUSTICE
|
| Lawyers |
Mr. Arif Chaudhry
|
| Petitioners |
GHANSHAM DAS
|
| Respondents |
FEDERATION OF PAKISTAN THROUGH SECRETARY ESTABLISHMENT DIVISION
|
| Citations |
2016 SLD 1995,
2016 PLJ 226
|
| Other Citations |
2010 SCMR 378,
2013 PLC (CS) 915
|
| Laws Involved |
Civil Servants Act, 1973,
Civil Servants (Appointment, Promotion and Transfer) Rules, 1973
|
| Sections |
10,
25(2),
20-A
|