| Case ID |
0f5715b3-819b-405b-bdaa-ab3181a0fc17 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 1697 of 2009 |
| Decision Date |
Jan 30, 2009 |
| Hearing Date |
|
| Decision |
The case revolves around the constitutional petition regarding the transfer of a civil servant under the Wedlock Policy. The petitioner, a Federal Government employee, sought the transfer of his wife, who is a teacher in the Provincial Government. The court noted that there was no application made by the wife for her transfer, and thus the petitioners did not have a mature grievance against the department. The court concluded that if the wife were to apply for the transfer, the department would consider her application in accordance with the law. Therefore, the petition was disposed of, allowing for the possibility of future representation by the wife under the Wedlock Policy. |
| Summary |
In the case of Writ Petition No. 1697 of 2009, decided by the Lahore High Court on January 30, 2009, the court addressed the issue of civil servant transfers under the Wedlock Policy of the Provincial Government. The petitioner, a Federal Government employee, sought the transfer of his wife to his location. The court emphasized that the wife must make an application for her transfer, as the husband does not have a mature grievance without her application. The ruling highlighted the importance of following proper procedures and applications in such matters, ensuring that the interests of both parties are considered under the existing laws. This case sets a precedent for future applications under similar circumstances, emphasizing the need for individual applications in transfer requests and the compassionate consideration of such requests by government departments. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
UMAR ATA BANDIAL, J
|
| Lawyers |
Not available
|
| Petitioners |
,
MUHAMMAD AFZAL
|
| Respondents |
CHIEF SECRETARY, GOVERNMENT OF PUNJAB, LAHORE,
|
| Citations |
2009 SLD 3224 = 2009 PLC 580
|
| Other Citations |
Syeda Adeeba Anjum v. Secretary Government of Punjab Education Department Lahore and another 2004 PLC (C.S.) 622,
Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
199,
35,
38
|