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1998 PLC (C.S.) 151

MUHAMMAD ANWAR SHAIFTA, ASSISTANT PROFESSOR vs SECRETARY TO

Citation1998 PLC (C.S.) 151
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 2096-L of 1996 Appeal No, 890/96
Date1996-12-09
Judge(s)Mukhtar Ahmed Junejo, Zia Mahmood Mirza
ResultLeave granted

ORDER

' ZIA MAHMOOD MIRZA, J.---Petitioner was an Assistant Professor, Government S.E. College, Bahawalpur when his services were placed at the disposal of the Board of Intermediate and Secondary Education. According to the terms of his deputation, petitioner was to work in the Board for a period of three years, of course, "during the pleasure of the Controlling Authority of the Board Governments. He was also allowed deputation allowance at the rate of 10% of his pay. After about a year or so, Sh. Muhammad Naeem, Assistant Professor, Government Rizvia Islamia Degree College, Haroonabad was appointed as Controller of Examination, Board of Intermediate and Secondary Education, Bahawalpur vide the petitioner who was directed to report to the Director of Education, Colleges, Bahawalpur Division for his further adjustment/posting. This was vide Notification dated 14th July, 1996.

2. Feeling aggrieved, petitioner after making a representation to the competent authority which was not responded preferred service appeal before the Service Tribunal making a grievance, inter alia, that the impugned order was passed as a result of political influence exerted by the respondent and that he was not allowed to complete the tenure of his deputation without any rhyme or reason. Learned Tribunal has rejected the petitioner's appeal vide judgment dated 23-10- 1996.

3. Learned counsel for the petitioner has vehemently contended that the order repatriating the petitioner to his parent department putting an end to his deputation was passed by the Secretary on the directive of the Chief Minister and without applying his own independent mind. The order in question, according to the learned counsel, was wholly arbitrary.

4. Contention raised by the learned counsel needs consideration. Leave to appeal is, therefore, granted. Interim stay order issued by a learned Judge of this Court in Chambers on 6-11-1996 shall continue in force pending the hearing of the appeal which may be fixed at an early date.

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