| Case ID |
159dcdf4-5016-4cca-ae93-feaa0e7e6012 |
| Body |
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| Case Number |
Writ Petition No. 103 of 1994 |
| Decision Date |
Nov 07, 1997 |
| Hearing Date |
Jan 09, 1994 |
| Decision |
The petitioner challenged his transfer order dated 16-12-1993 through this Constitutional petition. The petition was heard on 9-1-1994, during which the impugned order was suspended. The petitioner had remained posted in the same school for over three years, exceeding the normal posting period of three years as per the court's order. This fact alone was sufficient grounds for dismissing the writ petition. Furthermore, the order appeared to have been issued at the departmental level, making the writ petition incompetent under Article 212 of the Constitution of the Islamic Republic of Pakistan. As a result, the petition was dismissed. |
| Summary |
In the case of Mst. IMTIAZ AKHTAR vs. DEPUTY EDUCATION OFFICER (W), the Lahore High Court addressed the constitutional petition concerning the transfer of a civil servant. The petitioner had been posted at the same location for more than the standard three-year period, leading to the challenge of the transfer order dated December 16, 1993. The court highlighted that the normal posting duration is three years, and since the petitioner exceeded this duration, the petition was dismissed. Additionally, the transfer order was deemed to have been issued at the departmental level, which further invalidated the writ petition under Article 212 of the Constitution. This case underscores the importance of adhering to established posting durations in civil service and clarifies the limitations of constitutional petitions in such matters. Keywords: civil service transfer, constitutional petition, Lahore High Court, Article 212, Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSANUL HAQ CHAUDHRY, J
|
| Lawyers |
Nemo for Petitioner,
Addl. A.G. for Respondent No. 1
|
| Petitioners |
Mst. IMTIAZ AKHTAR
|
| Respondents |
another,
DEPUTY EDUCATION OFFICER (W), TEHSIL JARANWALA, DISTRICT FAISALABAD
|
| Citations |
1999 SLD 1080,
1999 CLC 1904
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|