IN THE SUPREME COURT OF PAKISTAN 
(Appellate Jurisdiction) 
 
PRESENT: 
MR. JUSTICE EJAZ AFZAL KHAN 
MR. JUSTICE MAQBOOL BAQAR 
MR. JUSTICE IJAZ UL AHSAN 
 
CIVIL APPEAL NO. 587 OF 2017 AND CMA. NO. 3198 OF 2017. 
(On appeal against the judgment dt. 14.03.2017 passed by the High Court of 
Balochistan, Turbat Bench at Quetta in CP. No. (T)94/2016).  
 
 
 
 
Rafiq Ahmed and others 
Appellant(s) 
 
VERSUS 
 
Govt. of Balochistan thr. its Chief Secretary, Quetta 
and another.  
 
Respondent(s) 
 
 
For the Appellant(s) 
: Mr. Wasim Sajjad, Sr. ASC 
Mr. Mehr Khan Malik, AOR. 
(in CA 587/17) 
 
For the Respondent(s) 
 
: 
 
Mr. AmanullahKanrani, AG Balochistan 
Mr. 
Ayaz 
Khan 
Swati, 
Addl. 
AG 
Balochistan 
 
 
 
Date of Hearing 
: 26.05.2017 (Judgment Reserved) 
 
 
 
 
J U D G M E N T  
 
 
 
 
 
EJAZ AFZAL KHAN, J.-These appeals with the leave of the 
Court have arisen out of the judgement dated 14.03.2017 of a 
Division Bench of the High Court of Balochistan whereby it dismissed 
the petitions by the appellants as being not maintainable.  
2. 
 
The learned Sr. ASC appearing on behalf of the 
appellants contended that when the appellants after having been 
appointed on deputation in Gwadar Development Authority (GDA) 
were absorbed, they ceased to be civil servants, therefore, the High 
Court was competent to entertain, hear and decide their petitions. 
The learned Sr. ASC next contended that the judgements rendered 
in the cases of Contempt Proceedings Against Chief Secretary Sindh 
CIVIL APPEAL NO. 587 OF 2017. 
2 
and Others (2013 SCMR 1752) and Ali Azhar Khan Baloch. Vs. 
Province of Sindh (2015 SCMR 456) were distinguishable on legal and 
factual plane, therefore, the Division Bench of the High Court could 
not dismiss such petitions as being not maintainable.  
3. 
 
The learned Advocate General appearing on behalf of 
the respondent did not dispute the arguments addressed at the bar 
by the learned Sr. ASC for the appellants and thus suggested that the 
cases be sent back to the High Court for decision on merits.  
4. 
 
Raja 
Muhammad 
Ibrahim 
Satti, 
learned 
Sr.ASC 
appearing on behalf of the applicant asking for being impleaded as 
a party contended that where the appellants were appointed on 
deputation and then absorbed without having recourse to 
transparent process, they would not cease to be civil servants, 
therefore, their petitions were rightly dismissed as their remedy, in 
view of the verdict, rendered in the case of Muzaffar Hussain Vs. 
Federation of Pakistan (Crl. O. P. No. 31 of 2016) would lie through a 
review petition and not through a petition under Article 199 of the 
Constitution or an appeal to an Administrative Tribunal functioning 
under Article 212 of the Constitution. Such disputes, the learned ASC 
added, could better be resolved by this Court, therefore, the 
impugned judgment being in line with the judgment of this Court is 
not open to any exception. 
5. 
 
We have gone through the record carefully and 
considered the submissions of the learned Sr. ASCs for the appellants, 
applicant as well as the learned Advocate General appearing on 
behalf of the respondent.  
6. 
 
The record reveals that the appellants were appointed 
on the recommendations of the Balochistan Public Service 
CIVIL APPEAL NO. 587 OF 2017. 
3 
Commission vide notification dated 21.10.2002. They served their 
respective departments till their appointment in the Gwadar 
Development Authority. The only question requiring consideration is 
whether the appellants were appointed in Gwadar Development 
Authority on deputation and then by absorption in accordance with 
law. We, therefore, have to see what is the method of appointment 
against the vacancies the appellants were appointed against. 
Reference to paragraph 4.6 of The Gwadar Development Authority 
Employees (Service) Regulation 2006 would help us answer the 
question which is reproduced as under: 
“4.6 Initial appointment to posts in basic pay scale 17 and above. 
1) Initial appointment to the posts in basic pay scale 20 
shall be made by the appointing authority on the 
recommendation of the Selection Board. The Selection 
Board shall consider and recommend from amongst 
the panel of which appeared in the interview.  
 
2) Initial appointment to the posts in the basic pay scale 
18 and 19 shall be made by the appointing authority 
on 
the 
recommendations 
of 
the 
Departmental 
Selection Committee – I. The Departmental Selection 
Committee shall, as far as possible, recommend from a 
panel of 3 names for each vacancy.  
 
3) Initial appointment to posts in basic pay scale 11 to 17 
shall be made by the appointing authority on the 
recommendations of the Departmental Selection 
Committee- II. The Departmental Selection Committee 
shall, as far as possible, recommend from a panel of at 
least 3 names for each vacancy. 
 
4) Initial appointment to posts in basic pay scale 10 and 
below shall be made by the appointing authority on 
the recommendations of the Departmental Selection 
Committee-III. The Departmental Selection Committee 
shall, as far as possible, recommend from a panel of 3 
names for each vacancy.” 
 
How observance of merit has been guaranteed is evident from 
paragraph 4.12, which also deserves a look and thus runs as under: 
“4.12 Observance of merit and regional quotas. 
(1) Vacancies in all posts carrying basic pay scale 5 and 
below will preferably be filled in from amongst the 
residents of Gwadar District. 
 
(2) In all other posts except as mentioned in sub-
regulation (1) vacancies will be filled from all 
CIVIL APPEAL NO. 587 OF 2017. 
4 
Balochistan basis in accordance with the merit and 
regional quotas prescribed by the Government of 
Balochistan for civil posts from time to time 
 
Provided that where in the case of a professional or 
technical post the quota cannot be observed previous 
sanction of the Governing Body shall be obtained 
before making appointment to such a post.  
 
(3) Posts in each basic pay scale shall be considered 
separately for the purposes of allocation to the 
prescribed merit and regional quotas.  
 
(4) The merit and regional quotas in respect of the 
vacancies to be filled on the basis of the same 
advertisement should be worked out up to three 
decimal points. A vacancy or vacancies which 
cannot be filled by candidates belonging to the 
region to which the vacancy is allocated shall be filled 
by another suitable candidate not belonging to that 
region with the approval of Governing Body.  
 
(5) The domicile/ local of an employee as declared by 
him at the time of his first entry in the service of the 
Authority and accepted by the Authority shall be 
treated as final throughout his service career and no 
subsequent change shall be recognized for the 
purposes of terms and conditions of his service.”  
 
How appointments by deputation are made has been fully 
described in paragraphs 4.24 and 4.25 which read as under: 
“4.24 Procedure. Appointment by deputation to post 
may be made in the interest of the authority. 
 
“4.25 Conditions of deputation. 
(1) The appointing authority may in the interest of 
authority appoint a Federal or provincial Government 
servant or an employee of an organization set up, 
managed or controlled by these Governments, who 
hold appointment on regular basis, on deputation to 
equivalent posts or higher as decided by the 
appointing authority. Such appointment shall be 
made with the consent of the Federal Government, 
Provincial Government or organization concerned, 
hereinafter called the lending authority, for such 
period and on such terms and condition as may be 
determined by the appointing authority in consultation 
with the lending authority. 
 
(2) Unless in any case it is otherwise provided the whole 
time of the person on deputation shall be at the 
disposal of the Authority. He shall devote his whole 
time to his duties, abide by the rules and regulations 
and other orders and instructions of the Authority and 
at all times obey the orders given by the competent 
authority. 
CIVIL APPEAL NO. 587 OF 2017. 
5 
(3) A person on deputation to the Authority may be 
allowed, with the approval of appointing authority 
and with the consent of the lending authority, a 
deputation allowance as applicable to the employees 
of Govt. of Balochistan as per revise pay and scale 
and allowance of 2005.” 
 
The paragraphs of the Regulations reproduced above enumerate 
the methods of appointment by initial recruitment, promotion and 
deputation. To trump it all, they also guarantee observance of merit 
and regional quota. Appointment by deputation from the Federal or 
Provincial Government has been provided by paragraph 4.25 but 
appointment by absorption figures nowhere in the Regulations. 
Appointment by transfer has been provided by paragraphs 4.22 and 
4.23 of the Regulations but that cannot be stretched to Civil Servants 
of the Federal or Provincial Government. Having completed their 
normal and even extended tenure of deputation, the appellants 
were to go back to their parent department. Absorption of the 
appellants in the Gwadar Development Authority being against the 
law and rules was to be set at naught. The notification repatriating 
the 
appellants 
to 
their 
parent 
departments 
is 
therefore 
unexceptional. 
7. 
 
For the reasons discussed above, we having treated this 
appeal as a review petition and heard it as such, dismiss it.  
 
JUDGE 
JUDGE 
JUDGE 
Announced in open Court at Islamabad on 25.09.2017.  
 
JUDGE 
‘Not Approved for Reporting’ 
M. Azhar Malik 
