| Case ID |
f91d5f33-0e77-4a0f-8e27-05be76166b3e |
| Body |
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| Case Number |
Writ Petition No.8943 of 2021 |
| Decision Date |
Jun 15, 2021 |
| Hearing Date |
Jun 15, 2021 |
| Decision |
The court dismissed the constitutional petition filed by Muhammad Shahid challenging the order dated 05.05.2021, which curtailed his deputation period from three years to two and a half years. The petitioner failed to establish any legal or vested right that was infringed by the order. The court emphasized that the government retains the right to withdraw a deputation at any time without assigning reasons, as per Clause 17 of the Deputation Policy of the Government of Punjab. The court further reiterated that the concept of deputation is administrative in nature and does not confer any vested rights upon the deputationist. |
| Summary |
In the case of Muhammad Shahid v. Secretary Food, heard by the Lahore High Court on June 15, 2021, the petitioner, a civil servant, challenged an order that reduced his deputation period from three years to two and a half years. The court ruled that the petitioner did not have a vested right to remain on deputation, as the government had the authority to withdraw such orders without reason. The judgment reinforced the principle that deputation is an administrative arrangement, and the borrowing department has discretion over the duration of the deputation based on service exigencies. The decision highlights the lack of justiciable rights for deputationists and underscores the executive's authority in administrative matters. |
| Court |
Lahore High Court, Multan Bench
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Shan Gul
|
| Lawyers |
Muhammad Khalid Farooq
|
| Petitioners |
MUHAMMAD SHAHID
|
| Respondents |
SECRETARY FOOD and others
|
| Citations |
2021 SLD 2845,
2021 PLC 1103
|
| Other Citations |
Asdullah Mangi and others v. Pakistan International Airlines Corporation and others 2005 SCMR 445,
Kandaswamy and others v. The Deputy Registrar of Cooperative Societies, Coimbatore and another AIR 1954 Madras 348,
Islamic Republic of Pakistan v. Israrul Haq and 23 others PLD 1981 SC 531,
Muhammad Zia-Ul-Haq and others v. Government of Punjab and others 1996 PLC (C.S.) 134,
Dr. Shafi-ur-Rehman Afridi v. C.D.A., Islamabad through Chairman and others 2010 SCMR 378,
State of Punjab v. Inder Singh AIR 1998 SC 7,
Abdul Khaliq Anjum v. Secretary Education, Government of Punjab and 2 others 1998 PLC (C.S.) 839,
S. Masood Abbas Rizvi v. Federation of Pakistan through Secretary Establishment and others 2014 SCMR 799,
Dr. Mst. Robia Ayub v. Federation of Pakistan through Secretary, Ministry of Education and others 2013 PLC (C.S.) 915
|
| Laws Involved |
Not available
|
| Sections |
Not available
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