1997SCMR1196 (PLP)

(On appeal from the judgment dated 14‑3‑1995 of Lahore High Court, Rawalpindi Bench at Rawalpindi, passed in W. P. No. 1228 of 1994). Civil Servants Act (LXXI of 1973)‑‑‑ ‑‑‑‑S. 12‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Petitioner working as Upper Division Clerk in Law and Justice Division claimed that he had been confirmed in Senate Secretariat under office order dated 26‑7‑1983 and that he had been in his parent department against a permanent post‑‑‑Petitioner's grievance was that he had approached for being repatriated to his parent department (Senate) but his request was turned down‑‑‑Petitioner claimed that refusal to repatriate him was based upon incorrect data and facts and thus, Authority erred in refusing for reverting petitioner to his parent department‑‑ Leave to appeal was granted to consider whether petitioner had been in his parent department against permanent post, therefore, refusal to repatriate him was discriminatory in nature and based upon incorrect facts; and whether petitioner had been working for 6‑1/2 years against permanent post as Lower Division Clerk, therefore, in absence of order to the contrary he would be deemed to have been confirmed‑‑‑Question raised inter alia and interpretation of fundamental rules on point of lien required further consideration, necessitating leave to appeal . Petitioner in person. Nemo for Respondent Date of hearing: 29th November, 1995. SH. RIAZ AHMAD, J.‑‑‑Petitioner Abdul Khaliq seeks leave to appeal against the judgment dated 14‑3‑1995 of the Lahore High Court, Rawalpindi Bench, Rawalpindi, whereby, a writ petition filed by him calling in question his reversion was dismissed in limine. The facts in brief giving rise to the institution of this petition are that the petitioner is working as Upper Division Clerk in the Law and Justice Division, Islamabad, since 1st of October, 1994. Before joining the Law Division, the petitioner had served in the Senate Secretariat and Ministry of Interior. It is alleged that the petitioner was confirmed in the Senate Secretariat vide office order dated 26‑7‑1983. According to the petitioner, he approached for being repatriated to his parent department but his request was turned down. It is submitted that the refusal is based upon incorrect data and facts and thus, the respondent erred in refusing for reverting the petitioner to his parent department. It is further contended that the petitioner had lien in his' parent department against a permanent post and, therefore, refusal to repatriate him was discriminatory in nature and based upon incorrect facts. It is added by the petitioner that he had been working for 6‑1/2 years against a permanent post as Lower Division Clerk and, therefore, in the absence of any order to the contrary, it will be deemed that he was confirmed. The question raised inter alia and the interpretation of fundamental rules on the point of lien require further consideration. Accordingly, we grant leave to appeal. A.A./A‑1404/S Leave granted.