183/2022 Const. P. Saddam Hussain Khoso (Petitioner) V/S Fed. of Pakistan and Others (Respondent)

183/2022 Const. P. Saddam Hussain Khoso (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Muhammad Karim Khan Agha, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 11-AUG-25

In the case of Muhammad Israrullah Vs Assistant Director, Manpower and others (2005 SCMR 716), the Supreme Court has held that the services of a deputationist could not be terminated as he retains his lien in the parent department for not having been confirmed in the borrowing department. A civil servant can claim his lien on his original post when he has not been permanently absorbed in the borrowing department. The Supreme Court in the case of Chief Secretary, Government of NWFP Vs Syed Zafarmand Ali (2005 SCMR 1212) has expounded that lien of a civil servant could not be terminated even with his consent, unless he had been confirmed against some other permanent post. It is further held that even in a case of willingness shown by the civil servant to be absorbed in borrowing department, in absence of any order of appointment by transfer and settlement of terms and conditions of such appointment, lien of the civil servant in his parent department would not be terminated. 8. This petition stands disposed of in the aforesaid judgments of the Supreme Court.