Appointment by absorption

Appellant was appointed as Agricultural Officer (BPS-17) by initial recruitment in the Balochistan Agricultural and Cooperative Department, and then absorbed against the post of Research Officer (BPS-17) in the Planning and Development Department without affecting the seniority of the Research Officers already working in the department

Plea on behalf of appellant that his case was not covered by the dicta rendered in the cases of Contempt proceedings against the Chief Secretary Sindh and others (2013 SCMR 1752), Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl. O. P. No.31 of 2016 decided on 10.05.2016), therefore, the notification repatriating him to his parent department could not hold the field; held, that the relevant service rules of the Provincial Planning and Development Department provided that vacancy of Research Officer was to be filled by initial recruitment, thus, there was no scope for filling such vacancy by promotion, transfer, absorption or by any other method which was not provided by the relevant law and rules

Appointment of appellant by absorption being hit by the judgments rendered in the cases of Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl. O. P. No.31 of 2016 decided on 10.05.2016) could not be maintained

Appellant had thus rightly been repatriated to his parent department

Review petition was dismissed accordingly.

Appellant was appointed as Agricultural Officer (BPS-17) by initial recruitment in the Balochistan Agricultural and Cooperative Department, and then absorbed against the post of Research Officer (BPS-17) in the Planning and Development Department without affecting the seniority of the Research Officers already working in the department

Plea on behalf of appellant that his case was not covered by the dicta rendered in the cases of Contempt proceedings against the Chief Secretary Sindh and others (2013 SCMR 1752), Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl. O. P. No.31 of 2016 decided on 10.05.2016), therefore, the notification repatriating him to his parent department could not hold the field; held, that the relevant service rules of the Provincial Planning and Development Department provided that vacancy of Research Officer was to be filled by initial recruitment, thus, there was no scope for filling such vacancy by promotion, transfer, absorption or by any other method which was not provided by the relevant law and rules

Appointment of appellant by absorption being hit by the judgments rendered in the cases of Ali Azhar Khan Baloch v. Province of Sindh (2015 SCMR 456) and Muzaffar Hussain v. Federation of Pakistan (Crl.O.P. No.31 of 2016 decided on 10.05.2016) could not be maintained

Appellant had thus rightly been repatriated to his parent department

Review petition was dismissed accordingly.

Appointment by transfer had been provided in the said Regulations but that could not be stretched to civil servants of the Federal or Provincial Government

Appellants, who completed their normal and even extended tenure of deputation in the (Gwadar) Development Authority ("the Authority"), had to go back to their parent department

Absorption of the appellants in the 'Authority' being against the law and rules was to be set at naught

Notification repatriating the appellants to their parent departments was therefore unexceptional

Supreme Court treating the appeal as review and hearing the same as such, dismissed the petition accordingly.