2679/2021 Suit TUFAIL AHMED SHAIKH (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
2679/2021 Suit TUFAIL AHMED SHAIKH (Plaintiff) V/S FEDERATION OF PAKISTAN & OTHERS (Defendant) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author) Order Date: 17-JAN-22
There is no cavil to the fact that the plaintiff is an engineer and Member Technical as disclosed in the transfer letter of 08.11.2021. The gazetted rules that concerns with the posting and transfer in terms of Chapter V of the National Highway Authoritys Employees Service Rules, 1995 framed under National Highway Authority Act, 1991 duly framed by the federal government, recognizes that the competent authority may post or transfer an employee of the authority to the head office or to any of the subordinate offices in Pakistan under its administrative control or management, which has only gained strength on the basis of NHA Code 2005 which excludes Chairman and Member from the applicability of normal tenure for an officer on the same post for three years and not extendable for a period of more than five years in all. Thus, even the Code excludes Chairman and Member Technical from application of such normal tenure of an officer/employee.