| Case ID |
118f1cb9-70a4-4fc4-89c4-7f493c5e112f |
| Body |
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| 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
|