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Rizwan Ul-Hassan   13 May 2018

Lein during probation

Hello Sir,

I am Rizwan from Pakistan, 

I started government job in 2011 in capacity of Junior Assistant-II in one of the federal departments, after successfully termination of probation period which was comprised upon one year, I served there for almost four and half years, during this period, i got NOC and applied through proper channel for higher post in Sindh High Court, where I got appointed, I applied for relieiving from parent department with lien, later on An Army Officer (Lt Col.) called me in his office and pressurized me to forfiet the lien otherwise they can't relieve me. As per the then circumstances, I wrote an undertaking on simple A4 size paper that I would not claim lien and being relieved disregard of lien. 
After joining sindh high court, I applied for pay protection which was protected after few months, the period of probation in sindh high court was comprised upon 2 years, after one year, I got NOC again to apply through proper channel for higher post i.e. Junior Auditor (BPS-11) in one of the federal government departments, where I got appointed. 
the above mentioned NOC states that he has been accorded to apply for the post of Junior Auditor (BPS-11) in the office of Accountant General Sindh Karachi further states that He is a permanent employee of this Court and his entry into governmnet service is 23.09.2011.

When I got appointed then I applied for relieving from sindh high court with lien, but relieving order was issued with immediate effect which mentions that he has been relieved from the service of sindh high court without retaining lien, it was very worrying for me as I have requested them to curtail the period of probation by exercising the powers on sufficient grounds and i refered the "Sindh High Court Establishment Rules 2006" but it was not acceded to. 

I was relieved on 17.01.2018 and I submitted application in sindh high ocurt on 18..01.2018 that allow me lien so that I can repatriate upon unfavorable circumstances. The application is under consideration but it would likely to be declined as orally talked with come concerned officers, they said that there were four months left in your probatiton but I have another NOC which was issued on 01.03.2017, states therein that

NOC dt.01.03.2018: "he has accorded permission to apply for so and so with condition that his lien may not be kept as the post is purely on Contact Basis"

There is contradiction between the NOC issued by sindh high court and the reply of my application, NOC states that lien may not be kept as thhe post is purely on contract basis, but the post of Jr Auditor was regular post but on relieving order they menitoned that he has been relieved from duty without retaining lien. 

Now I want to ask that is there any provision for me to file the CP or relavant rules which protect my right of lien on the basis as I joined sindh high court through proper channel and the past service was counted by sindh high court, 

If not , may i apply for repatriation to parent department upon humantarian grounds as my salary is twice less than the salary on last one organizaiton. 

I am very worried about this, Please help me out. 

 



Learning

 3 Replies

P. Venu (Advocate)     13 May 2018

We in India may not be offer any suggestion, being unsure of the service conditions in force in Pakistan and the avenues for remedy of grievances.

Rizwan Ul-Hassan   13 May 2018

I think civil servant rules have been formulated by the british empire which are same in nature in both countries.

Rizwan Ul-Hassan   13 May 2018

I think civil servant rules have been formulated by the british empire which are same in nature in both countries.

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