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1986 MLD 203

SPEAKER, PROVINCIAL ASSEMBLY OF SINDH

V/S

GOVERNMENT OF SINDH

Constitution of Pakistan (1973), Articles 87(3) & 127 —
Constitutional petition, maintainability of — Aggrieved party — Repatriation of employee — Employee not impleaded as party — Petitioner’s only grievance was that such repatriation being unilateral was violative of rules framed by Petitioner as Speaker of Provincial Assembly — Repatriated employee being most affected pereson, having not been impleaded as party, Petitioner not affected by such repatriation, held, could not invoke constitutional jurisdiction of High Court.

Constitution of Pakistan (1973), Article 127 —

Sindh Provincial Assembly Rules, Rule 7 — Appointment by transfer — Requirement — Appointment in Grade17 and above by way of transfer could be made on tenure basis for period of three years — Such appointee, held, could be sent back to parent department by Secretariat of Provincial assembly after consultation with Government before expiry of tenure.

Constitution of Pakistan (1973), Article 127 —

Sindh Provincial Assembly Rules, Rule 7 — Sindh Civil Servants Act (XIV of 1973), Section 2(a) — Civil servant — Repatriation of — Civil servant sent on deputation for posting outside cadre, parent department, held, could recall such civil servant — Speaker could send back Officer transferred by Government before expiry of tenure — Rule would in no way militate against powers of parent department to recall its own officer. Messrs. Associated Cement Companies Ltd. v. Pakistan PLD 1978 SC 151. Ref. [1986 MLD 203]

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