ORDER SHEET

IN THE ISLAMABAD HIGH COURT, ISLAMABAD

JUDICIAL DEPARTMENT

Writ Petition No. 1665-2011,

Farzana Ahmad Saleem
Versus
Pakistan Agricultural Research Council (PARC) Islamabad.

S. No. of Date of Order with signature of Judge and that of parties or counsel
order order/ where necessary.
proceedings proceedings

01 27.05.2011. Mr. Abdur Rehman Siddiqui, ASC for the petitioner.

This Writ Petition challenges the order dated 21-5-2011,

whereby services of the petitioner as Principal Scientific Officer
(SPS-10/BPS-19) were terminated and she was advised to report
for duty to her parent department i.e. Government of Sindh.
2. It is submitted that she had been performing her duties
against valid orders and due to withdrawal of her absorption
order, she had approached the Court for redressal of her
grievances, which infuriated the respondent and they withheld
the adhoc allowance and thereafter issued the present letter. It
was also submitted by referring to the Rule 6(2) of the Civil
Servants (Confirmation) Rules, 1993, that after permanent
absorption, a civil servant automatically loses the right of lien and
now she can’t join back the Government of Sindh. She, therefore,
prayed for setting aside the same.
3. Heard & record perused.
4. Record reveals that she had joined the respondent
Corporation on deputation and thereafter she was directed to be
repatriated to her parent department. The Government Policy on
the deputation is very clear and the deputationists can be
repatriated at any time if his/her services are not required. In this
petition there are other disputed facts about the authority of
previous Chairman to make appointments after the expiry of his
tenure. According to letter dated 23-2-2011 her permanent
absorption was refused due to non-availability of permanent post
and serious discrepancies in case of her appointment and all
theses points cannot be decided under writ jurisdiction as they
require deeper appreciation of evidence. Moreover, a
deputationist cannot claim to be on deputation for an indefinite
period or his/her absorption as of right. Through impugned order,
her services have not been terminated and she is advised to
report to her parent department.
 2 Writ Petition No. 1665-2011
Farzana Ahmad Saleem
Versus
Pakistan Agricultural Research Council (PARC) Ibd
.
.

5. As far as her apprehension about losing the lien

automatically is concerned, that rule is not applicable as it states
as under;
“A Civil Servant shall cease to hold lien
against a post if he takes up an
appointment on selection in an
autonomous body under the control of
Federal Government, Provincial
Government, local authority or private
organization”
In her case, she came on deputation and her absorption
is disputed. At the same time, the deputationists were directed to
be repatriated as their appointments were made in violation of
Rules and procedure, because there was no permanent post
against which she could have been absorbed. She therefore,
retains her lien in the parent department i.e Government of Sindh.
5. Viewing the above, the petitioner’s case lacks merits
and needs no interference by this Court while exercising powers
under Article 199 of the Constitution. Hence, the instant petition
is dismissed in limine.

(MUHAMMAD ANWAR KHAN KASI)

JUDGE
M. Suhail