' Syed Nasir Ali Shah, Member.--This consolidated judgment will dispose of these appeals as common questions of law and facts are involved therein.
2. Both Muhammad Azeem and Muhammad Hussain appellants were recruited as ASIs on regular basis in the office of the respondents. With the efflux of time their probationary period stood terminated. Both the appellants applied for the post of Technical Officers (BS-16) on contract basis through proper channel. They appeared in the competitive examination held by the Punjab Public Service Commission (PPSC) and in due course were selected for the said job. Upon this the appellants applied to the respondents for relieving them to join the new assignment with a request that their reversion lien may be protected. However, vide impugned orders the appellant were relieved to join the new assignment. But it was made clear that they will have no right of reversion to their parent-Department. Aggrieved by this the appellants filed departmental representations which were turned down.
3. Against a such a backdrop the appellants brought these appeals by inter alia maintaining that they having been appointed against regular post and having successfully completed probationary period were entitled to retain their lien. The appellants thus prayed for the setting aside of the impugned orders whereby their requests for retention of lien was declined.
4. We have heard the learned counsel for the parties and gone through the available record with their assistance.
5. It is significant to note that both the appellants with the efflux of time had become permanent employees of the respondents. They, as noted above, applied through proper channel for the post of Technical Officer. In due course they were selected for the said job through Punjab Public Service Commission (PPSC). So what falls for determination is whether in the attending circumstances the appellants can retain their lien with the respondents. There is galaxy of case-law on this point. In the celebrated judgment reported as "Mazhar Ali v. Federation of Pakistan/President of Pakistan through the Secretary, Establishment Division, Cabinet Secretariat, and 2 others" (1992 SCM R 435), it was held that lien of a permanent civil servant could not be terminated even with his consent. It was amplified that lien of a permanent Government servant can be terminated when he was confirmed against some other permanent job. This was reiterated in "Syed Sajjad Hussain v.
Secretary, Establishment Division, Cabinet Secretariat, Islamabad and 2 other" (1997 PSC 243). It would thus follow that the appellants who are permanent employees of the respondents upon joining their new assignment, can legally and competently retain their lien with the respondents.
6. For the foregoing reasons we accept these appeals and thereby set aside the impugned orders dated 8.8.2011 so far these declined to give right for reversion to their parent Department to the appellants. No order as to costs.
7. Parties be informed accordingly.