| Case ID |
14739a46-9889-405d-bd31-3d1026ab9e83 |
| Body |
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| Case Number |
Writ Petition No.11103 of 1993 |
| Decision Date |
May 09, 1994 |
| Hearing Date |
May 09, 1994 |
| Decision |
The court dismissed the review application, stating that the transfer of a civil servant is part of the terms and conditions of service. Article 212 of the Constitution is a complete bar to maintaining a writ petition or a review application against a transfer order. The applicant was advised to approach higher departmental authorities or the Service Tribunal for grievance redressal. The court observed that there was no justification to hear the writ petition on merits due to the aforementioned constitutional bar. |
| Summary |
In this case, Mst. Shamsa Jabeen contested her transfer from one educational institution to another, claiming political pressure influenced the decision. The Lahore High Court ruled that transfers are part of the civil servant's service terms, thus falling under the purview of Article 212 of the Constitution of Pakistan, which limits the court's ability to intervene in such matters. The court emphasized the importance of following proper channels for grievances, highlighting the legal protections afforded to government employees regarding transfers. This case illustrates the boundaries of judicial review in administrative matters and reinforces the constitutional framework governing civil service transfers. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAEEDURREHMAN FARRUKH, J
|
| Lawyers |
Mirza Muhammad Rashid Amjad Raza,
Muhammad Saleem Khan
|
| Petitioners |
Mst. SHAMSA JABEEN
|
| Respondents |
GOVERNMENT OF PUNJAB
|
| Citations |
1994 SLD 953,
1994 PLC 1335
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|