8261/2019 Const. P. Attaullah Arbab (Petitioner) V/S Province of Sindh & Others (Respondent)

8261/2019 Const. P. Attaullah Arbab (Petitioner) V/S Province of Sindh & Others (Respondent) Sindh High Court

Bench: Hon'ble Senior Pusine Mr. Justice Nadeem Akhtar, Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 23-OCT-20

Repatriation from the post of Additional Deputy Commissioner-I, Hyderabad to his parent department i.e. Sui Southern Gas Company Ltd. vide Notification dated 12.2.2016 issued by Chief Secretary--whether the petitioner was qualified to be inducted from Sui Southern Gas Company in Sindh Government on deputation for three years' And, whether the Chief Minister, Sindh was competent to nominate the petitioner as Assistant Commissioner in Ex-PCS cadre under the Rule 5(4) (b) of the West Pakistan Civil Service (Executive Branch) Rules, 1964? and, whether his repatriation to his parent department is in accord with the direction given by the Hon'ble Supreme Court?--It is well-settled law that a deputationist does not have any vested right to remain on the post as deputationist forever or for a stipulated period. He can be repatriated to his parent department at any time. The Honorable Supreme Court in the case of Shafiur Rehman Afridi v. CDA, 2010 SCMR 378, has settled the issue on the aforesaid proposition. Therefore, no further deliberation is required by us--In our view, since the direction of the Honorable Supreme Court in the aforesaid matters is still in the field, we are bound to follow it under the Constitution. Besides the respondents have issued the impugned notification in pursuance of the orders passed by the Honorable Supreme Court in the aforesaid proceedings, therefore, no indulgence of this Court is required in the present matter--Dismissed.