Ihsanullah Khan petitioner was appointed in the year 1974 to a temporary post of Sociologist in the Directorate General of Housing and Physical Planning Department, Lahore. The post was purely temporary and was being sanctioned on a year to year basis. This post was in Grade 18.
2. By a Notification No. 9/13/75-T. III dated the 3 of March 1975, Ihsanullah Khan was transferred and appointed to officiate as Deputy Director in Grade 19 in the Academy for Administrative Training, Lahore with effect from the date he assumed charge of the post and until further orders.
3. He duly assumed charge of the post of Deputy Director in the Academy for Administrative Training, Lahore, having been selected by the Central Services Selection Board.
4. Being aggrieved by his transfer in the year 1979 to his original post of Sociologist in the Government of Punjab, the petitioner has filed the present writ petition for the setting aside of that order.
5. The respondents have taken up the stand that the petitioner was an employee of the Government of Punjab and his transfer to the Pakistan Government was only "on deputation" and in an officiating capacity, therefore, it was always open to the Pakistan Government to repatriate him to his parent Department in the Provincial Government, and the petitioner had no right to a demurrer.
6. Learned counsel for both the parties have been heard. The petition is accepted with costs and it is declared that the repatriation of the petitioner to the Government of Punjab or the compulsory severance of his connection with the post in Grade 19 as Deputy Director, Administrative Training Academy is without lawful authority, void and of no effect whatsoever, and that he continues to remain in that post. My reasons for so saying follow.rd
7. It is not denied that the petitioner was holding a temporary post of Sociologist under the Government of Punjab which was being continued from year to year. A `temporary post' has been defined in rule 2.58 of the Civil Service Rules, Punjab, as: "Temporary post means a post carrying a definite rate of pay sanctioned for a limited time. Such a post can either be held substantively or in an officiating capacity."
8. Fundamental Rule 9.13 reproduces the first sentence of the definition quoted above as the definition of a `temporary post' under those rules.
9. Lien has been defined in paragraph 2.35 of the Civil Service Rules, Punjab, as follows :-- "Lien means the title of a Government Servant to hold substantively either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively."
10. The same definition has been reproduced in paragraph 9.13 of the Fundamental Rules. There is, therefore, no difference between the concept of a temporary post and of lien in the Central and Provincial Services.
11. Fundamental rule 12-A provides that: "Unless in any case it be otherwise provided in these Rules, a Government Servant on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post."
12. Fundamental rule 13 lays down that unless his lien is suspended under rule 14 or transferred under rule 14-B, a Government Servant holding substantively a permanent post retains a lien on that post : ------ "(a) While performing the duties of that post ;
(b) While on foreign service, or holding a temporary post, or officiating in other post ;
13. It is clear from a reading of the Rules quoted above that a Government Servant has no lien on a temporary post and acquires al lien only on substantive appointment to any permanent post. In the present case, the post of Sociologist under the Government of Punjab was and continues to be a temporary post. By appointment to this post, the petitioner did not acquire alien on that post, so that on transfer from it to any other post he severed his connection with the post of Sociologist as effectively as is possible under the Rules. Thus, having ceased to have any connection with that post, he could not under any rules for the time-- being in force, be sent back to that post. A perusal of the File No. S. O. E. H&PP/1-55/74 of the Housing and Physical Planning Department reveals that the Department was fully aware of this position. On the 9th of November 1979, the Director General of the Housing and Physical Planning Department wrote to the Deputy Secretary, Administration, the Government of Punjab in the same Department, a Memo. Into. DGH/EA-1-4-73/10809, in which he observed as follows:---- "From the, above correspondence it will be seen that Mr. Ihsanullah Khan Pined the Academy for Administrative Training, Lahore, on deputation from this Department. The post of Sociolgist, which Mr. Ihsanullah Khan was holding, was purely temporary and it is continuing on year to year basis.
His appointment being purely temporary in this Department, the deputation was not involved. It, therefore, appears necessary that the decision of deputation may kindly be revised as was done in the case of Mr. Riaz A. Qadeer. The later officer was holding ad roe appointment in this Department as Deputy Director (Town Planning) when he was allowed to join employment in Nigeria on deputation. The matter was taken up with the Government vide this Office Memo. No. DGH/EA-1/4- 22/5124 dated 28-10-1975, and Government withdrew the orders of deputa--tion. . . .
It is requested that necessary revised orders in the case of Mr. Ihsanullah Khan, former Sociologist in this Department may kindly be issued by Government with retrospective effect to avoid complications in the future."
14. The Secretary of the Department went through this note and expressed himself as follows :--- "Please discuss. At this stage it may not be possible to revise the orders without inviting litigation."
15 The Deputy Secretary, Administration discussed the matter and wrote the following note: "Discussed with the Secretary. Let us have advice of the S&GAD as to whether on return he will be considered as new entrant or it would be his continuous service. We may also inform the Director of the Academy that his case is not clear and that it is being processed.".
16. A letter was consequently addressed to the Secretary, S&GAD.
17. When a copy of this letter was received by the Director General of the Academy, he wrote to the Chief Secretary on the 12th of December 1975 (No. A. A. T.-78/PS/134), in which he observed that :-- "According to the orders contained in Notification No. 9/3/75-T. III dated 2-2-1975, issued by the Establishment Division (copy at Annex. II), his services were placed at the disposal of this Academy by transfer. As the transfer was from the Provincial Government to service in an Institution of the Federal Government such a transfer could only be on the basis of deputation. However, if the officer was in fact working against a temporary post in the Provincial Government, he could not be sent on deputation to the A. A. T. Under the normal rules, which means that his appointment as Deputy Director in this Academy was ab initio irregular."
The Director General of the Academy was, therefore, equally aware of the fact that being a temporary employee of the Provincial Government, he could not retain his lien on that temporary post when he was sent on deputation to the Central Government. He was, however, not right when he drew the conclusion that, "his appointment as Deputy Director it, This Academy was ab initio irregular". The petitioner /was duly selected by tie Central Services Selection Board for employment as Deputy Director in the Academy, and the moment he took charge of that post, the act of the selection and appointment to that post became complete in the eye of law and his connection with the post of Sociologist under the Provincial Government snapped immediately, there being no provision for enabling him to keep his lien on that temporary post.
18. In another letter, sent to the Secretary, Government of Punjab, Services, General Administration and Information Department, by the Department of Housing and Planning on 28th of May 1979, it was clearly laid down in paragraph VI that :-- "If the services of an officer are placed at the disposal of another Agency/Department/Government, the said officer on deputation retains his lien with the parent Department, But in case of Mr. Ihsanullah Khan at the time of his induction in the Federal Government (Academy for Administrative Training) he was holding a purely temporary post, and according to the existing rules on the subject, he could not be sent on deputation while retaining lien with his parent Department at the same time."
The file does not show any opinion having been given by the S&GAD in the, matter.
19. This resume of facts and the rules shows that the petitioner, who was the holder of a temporary post sanctioned on a year to year basis under the Government of Punjab, was selected for the post of Deputy Director Administration, Pakistan Administrative Training Academy, by the Central Selection Board of that Government, and was duly appointed to that post. On transfer from the Government of Punjab, he was appointed to officiate as Deputy Director in Grade 19 until further orders. His lien on the post of Sociologist had not come into existence, therefore, on such appointment as a result of a selection, he severed his connection complete with the post of Sociologist in the Punjab Government. As such, the Central Government cannot under any rules or law, direct his repatriation to the post of parent Department. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.