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GHULAM MUHAMMAD versus PROVINCE OF SINDH THROUGH CHIEF SECRETARY


Section 7 Sindh Civil Servants Act (XIV of 1973), Section 2 (1) (b) (i) and 10 Constitution of Pakistan, Article 199 Constitutional application Water appointment of a Government employee by transfer against the scope petitioner regarding the post of non-employee. The Revenue Officer was transferred to the Endowment Board and was posted as the Director General of the City Development Authority and later returned to his home department. The Development Authority was a legal entity and had its legal rules under which its employees were governed. The Government may appoint the Director General of the Authority on such terms and conditions, but the post was a cadre designation, so the Government could not make any appointment. Other Requirements A non-cadre post servant was not held at the cadre post without fulfilling the required formal requirements of the civil, which was intended to be recruited through a competitive process. The petitioner was initially appointed an Account Officer, Then he was appointed Chief Financial Officer and after that the applicant was not brought to the Director General of the Authority. Competitive process for holding a post, so it was necessary to return home to its original posting / department The constitutional application was dismissed.

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