' MUHAMMAD AYUB KHAN (MEMBER).---Arguments have been heard and record perused.
2. Facts of the case, as gleaned out from the record, are that the appellant, joined service in the Pakistan Military Accounts Department on 31-12-1966, selected as Assistant in the Management Services Division, now declared Management Service Wing of Cabinet Division, on 4-8-1979, and pursuant to the request of the Secretary, Board of Investment, respondent No,2, services of the appellant were placed at its disposal as Assistant (B.15) by order, dated 7-2-1996 whereunder while simultaneously placing his services at the disposal of the Board of Investment, Islamabad, was also relieved of his duties in the Cabinet Management Services Division vide Annexure-I and he joined as Assistant in the Board of Investment in his own pay and scale of deputation vide Office Order, dated 8-2-1996 (Annexure II). However, still by another order, dated 29-2-1996 (Annexure III) the Government of Pakistan, Cabinet Secretariat, Management Services Division was pleased to allow/grant move-over to the appellant from B.15 to B.16 w,e,f, 1-12-1995 in terms of the Finance Division's O.M.No,F.1(82)R111/86, dated 1-1-1986, as amended from time to time, and accordingly his pay in B.16 was fixed at Rs,4,899 as against Rs,4,845 which he was drawing in B.15, subject to its verification/approval by the Audit and subsequently, by notification, dated 22-7-1996 (Annexure- IV), the Government of Pakistan, Board of Investment, approved his appointment as Deputy Assistant Director (B.16) on Acting Charge Basis with immediate effect till further orders.
3. It is alleged at para. 3 of the appeal that this post could not be filled in either by promotion or by direct recruitment in the absence of Recruitment Rules of the Board of Investment and in face of this eventuality and keeping in view more than 29 years' service the appellant was appointed on Acting Charge basis, as aforesaid, vide notification, dated 21-11-1996 (Annexure-V) and thereafter, with the approval of the competent Authority he was appointed as Assistant Director (B.17) for a period of three months from 18th August, 1997, or till the availability of a regular incumbent whichever was earlier which means that he was given current charge of the post of Assistant Director (B.17) and simultaneously also authorised to draw Special Pay at the rate of 20% of his basic pay subject to maximum of Rs,1,100 per month in terms of Finance Division's O.M. No,2(9)R- 3/85, dated 15-3-1987 as amended by O.M. No,F.2(2)R-3/92-474, dated 6-6-1992 by notification, dated 29-10-1997 (Annexure-VI) which current charge appointment was further extended by the usual period of three months by order, dated 22-12-1997 (Annexure-VII) and again by another order, dated 14-3-1998 (Annexure-VIII) his Current Charge appointment was further extended for a period of three months w,e,f,, 11-3-1998 till availability of a regular incumbent whichever was earlier with the usual benefits and lastly, but not the least, the order, dated 25-3-1998 (Annexure-IX) was issued whereby the Government of Pakistan, Board of Investment, was pleased to grant 38 days' leave on full pay w,e,f,, 24-3-1998 to 30-4-1998 to the appellant and, on expiry of leave, he was repatriated to the Management Service Cell, Cabinet Division, Islamabad, to his original post of Assistant (B.16). Feeling aggrieved he has challenged this order to be wrong, illegal and ineffective against his rights. The appellant has placed reliance of a judgment, reported as 1985 PLC (C.S.) 133 (Punjab Service Tribunal), dated 10-10-1983 in Appeal No,96 of 1991 of 1983 wherein a civil servant was appointed after written test and finally selected as Research Assistant after having been declared successful by the concerned Departmental Promotion Committee and worked against the post for a period of long three years but somehow or the other it was detected that his appointment was irregular and then all of a sudden another person, namely, Faqir Muhammad Nawaz was brought in place of the appellant and by judgment the remedy sought for by the appellant was allowed to him. Facts of his judgment regretfully cannot be made applicable to the facts of the instant case which relates to deputation of the appellant and a deputationist has got no vested right to remain on the foreign post as deputationist forever. In this respect reliance is placed on a recent judgment of the Honourable Supreme Court of Pakistan contained in 1998 SCMR 2631 wherein it has been held that a deputationist, on reversion to his original post in his parent cadre, cannot be treated aggrieved provided has been placed in his earlier grade and status in the parent cadre. The relevant para. 7 of the judgment is reproduced below for ready reference:-- "(7) We have perused the material on record. It is not denied by the appellant that his lien/right of reversion to the post of Assistant in the Finance Division remained extant throughout the period which he spent in the Wafaqi Mohtasib Secretariat:--
(i) He had been relieved by the Wafaqi Mohtasib Secretariat;
(ii) accepted by the Finance Division; and
(iii) joined there as a permanent.
' Assistant with effect from 19-11-1991 with the result that the ground position for him had been re- established in his last parent department i,e, Finance Division being a civil servant having lien in his parent department, the appellant has not been meted out any discriminatory treatment so far." ' and the appeal was dismissed with no order as to costs.
4. In view of the hard facts available on the file duly supported by the latest judgment, dated 4-6- 1998, referred to above, this appeal fails and is hereby dismissed with no order as to costs as the appellant has no cause for grievance whatsoever.