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Ombudsman Punjab Order for GRANT OF COMPUTER ALLOWANCE AT THE PRESCRIBE RATES OF THE I.T./COMPUTER SCIENCE TEACHERS / I.T. LAB. INCHARGE BY DAO, SHEIKHUPURA Case No. Dy. No. 491/2/13/Adv(A) filed by Mr. Zulfiqar Ali Bhatti, Science Teacher, Government High School, Sheikhupura Read Order » Download as PDF Format» Teachers Jobs in Punjab Govt of Punjab Directorate of Staff Development Education Department Govt of Punjab has also announced the District Teacher Educators (DTEs) Read Jobs detail » Detail of Educators Vacancies District Wise & Qualification The Educators Vacancies as well as the minimum qualification to be required for these posts Read More »

ORDER SHEET IN THE ISLAMABAD HIGH COURT , ISLAMABAD JUDICIAL DEPRTMENT Writ Petition No. 1568-2011, Mrs. Rubina Kausar Versus Federation of Pakistan through Secretary, M/o Education Etc. 19.05.2011. Syed Mumtaz Mazhar Naqvi, Advocate for the petitioner.

The petitioner prays that Circular issued by Federal Directorate of Education-respondent No. 3, bearing No. F 9/18 (W) FDE, dated 03-02-2010, whereby all the deputationists automatically stand repatriated to their parent departments on completion of their maximum deputation period i.e. five years, be set-aside as being in contravention of the wedlock policy and Articles 2-A, 3, 4, 9, 14, 25, 35, 37, 38 of the Constitution of Islamic Republic of Pakistan, 1973. It has also been prayed that a direction be issued to the respondents to absorb the petitioner permanently against her present posting at Islamabad. 2- It is submitted that the petitioner belonged to Education Department, Government of Punjab and was appointed on deputation basis as Trained Under Graduate Teacher (BS-14) and posted to F.G.Girls Middle Model School, NHC Chak Shahzad Islamabad, on the terms & conditions already issued vide F.D.Es Officer Order dated 15-4-2006 and accepted by her. Her initial posting was made on 12- 5- 2006 for three years which was extended for another three years up till 11-5-2011. It is contended that acceding to the wedlock policy and due to studies of her children at Islamabad, she is entitled for permanent absorption against the present posting, but the respondents are not considering her request. 3- Heard & record perused. 4- It is an admitted position that the petitioner has already enjoyed maximum period of deputation i.e. five years and thereafter her services shall automatically stand repatriated to her parent department according to Circular dated 3-2-2010. 5- For proper adjudication, it will be imperative to reproduce hereunder the extract of Impugned Letter, dated 3rd February, 2010, which was issued by the Federal Directorate of Education, Islamabad, with the subject:- ”EXTENSION IN DEPUTATION” “I am directed to refer to the subject to convey the policy decision of the competent authority that because of no provision in rules, all deputationists shall automatically stand repatriated to their parent departments on completion of their maximum 05-years of deputation period under Federation Directorate of Education with no exception in any case.” 6- It is manifestly clear that in consequence of a policy decision and due to having no provision in rules, it was directed that all deputationists shall automatically stand repatriated to their parent departments on completion of their maximum term of five years of deputation period under Federal Directorate of Education with no exception to any case. The petitioner challenges a policy decision which cannot be interfered with by this court under writ jurisdiction, unless there exits strong reasons or there is a discrimination which, the petitioner has not pointed out. 7- It is also an admitted position that petitioner, after accepting all the terms & conditions of deputation, joined a School in Islamabad and now, after completion of stipulated term, for which she has consented at the time of acceptance of terms & conditions of deputation, she has to go back to join her parent department and cannot take any exception. 8- The petitioner is a civil servant and the act done is with regard to her terms & conditions so there arises no question of infringement of any of her fundamental rights. 9- So far as wedlock policy is concerned, the same is not applicable to the case of the petitioner as her husband, working as Foreman in Air Weapons Complex (NESCOM), which is a non statutory body, is not a civil servant. The Policy had been made to curtail hardships faced by husbands and wives in Government Service due to posting at different stations of duty. It is quite clear that the policy explicitly applies to persons in Government Service and not any other service. I have no hesitation to hold that “deputation” is an administrative arrangement between borrowing and lending Authorities for utilizing the services of an employee in the public interest and exigency of services against a particular post against which the deputationists cannot claim any right of permanent absorption. 10- The law on the subject is very much clear. The petitioner is a civil servant and remained on deputation for a fixed term and was returned to her parent department in consequence of terms & conditions of her deputation. A deputationist cannot remain on deputation for an indefinite period or stipulated period in accordance with his/her own whims and wishes. While taking this view, I am fortified by a Judgment rendered by the Hon’ble Apex Court in the case of Dr. Shafi-ur-Rehman Afridi Versus CDA Islamabad through Chairman and others (2010 SCMR 378).   11- The sum and substance of the above discussion is that a civil servant has no vested right to complete the deputation period and matter relating to the terms and conditions of service, the Constitutional Jurisdiction conferred upon this Court under Article 199 of the Constitution cannot be invoked. The petition, thus, being merit less is dismissed in limine.   (MUHAMMAD ANWAR KHAN KASI) JUDGE