Legal Case Summary

Case Details
Case ID 118f1cb9-70a4-4fc4-89c4-7f493c5e112f
Body View case body.
Case Number Civil Petition No. 1684-L of 1996
Decision Date Nov 20, 1996
Hearing Date Nov 20, 1996
Decision The Supreme Court of Pakistan determined that the dispute regarding the transfer of civil servants fell within the exclusive jurisdiction of the Service Tribunal as per Article 212(2) of the Constitution. The High Court's stay order on the transfer was set aside, and the case was remanded back to the High Court to first ascertain its jurisdiction before issuing any stay orders. This decision underscores the importance of adhering to the proper legal channels and the exclusive jurisdiction of specific tribunals in matters concerning civil service transfers.
Summary This case revolves around the transfer of civil servants, Miss Rukhsana Ijaz and another respondent, which was contested in the Lahore High Court. The High Court initially admitted the writ petition and suspended the transfer order, which led to an appeal to the Supreme Court. The Supreme Court ruled that such disputes regarding civil servant transfers should be handled by the Service Tribunal, emphasizing the jurisdictional limitations of the High Court as outlined in Article 212(2) of the Constitution. The case illustrates the procedural nuances and legal frameworks governing civil service matters in Pakistan, highlighting the necessity for civil servants to follow the appropriate legal avenues for disputes related to their service conditions. This ruling serves as a significant reference for future cases involving administrative law and civil service regulations.
Court Supreme Court of Pakistan
Entities Involved Not available
Judges RAJA AFRASIAB KHAN, JJ, ZIA MAHMOOD MIRZA, J.
Lawyers Ejaz Ahmad Khan, Advocate-on-Record for Petitioner, Walayat Umer Ch., Advocate-on-Record for the Caveator
Petitioners Miss RUKHSANA IJAZ
Respondents SECRETARY, EDUCATION, PUNJAB and others
Citations 1997 SLD 547, 1997 SCMR 167
Other Citations Not available
Laws Involved Constitution of Pakistan, 1973, Punjab Civil Servants Act (VIII of 1974)
Sections 9, 199, 212, 185, 212(2), 9