| Case ID |
2e4f6e8d-6352-4b41-9466-3acc1225780b |
| Body |
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| Case Number |
Civil Petition No. 283-K of 2020 |
| Decision Date |
Mar 08, 2021 |
| Hearing Date |
Mar 08, 2021 |
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the legality of the transfer order issued under Rule 5(1) of the Cantonment Servants Rules, 1954. The court held that the petitioner had accepted the terms of his appointment, which included the transferability of his service. The court found no elements of mala fide or infringement of rights by the department. The principle of res judicata was also invoked as the issues had been previously decided in earlier litigation. Thus, the petition was deemed without merit. |
| Summary |
In the case of Muhammad Sajjad v. Federation of Pakistan, the Supreme Court of Pakistan addressed the legality of a transfer order under the Cantonment Servants Rules. The petitioner challenged the transfer, arguing it was contrary to the terms of service. However, the court found that the petitioner had accepted the transferability clause in his appointment letter, which established that such transfers were lawful. The court reiterated that transfers are within the authority's discretion and are part of the employment terms. Previous rulings on similar matters were cited, reinforcing the court's stance that challenges to transfer orders based on previously settled issues are not sustainable. This case underscores the importance of understanding employment contract terms and the legal framework governing public servants' transfers, providing clarity on the enforcement of transferability in civil service positions. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Cantonment Board,
D.G. Military Lands and Cantonments Department
|
| Judges |
Ijaz Ul Ahsan,
Sayyed Mazahar Ali Akbar Naqvi
|
| Lawyers |
Muhammad Akbar Awan
|
| Petitioners |
Muhammad Sajjad
|
| Respondents |
Federation of Pakistan,
Others
|
| Citations |
2021 SLD 1410,
2021 SCMR 1064
|
| Other Citations |
2018 SCMR 335
|
| Laws Involved |
Cantonment Servants Rules, 1954,
Cantonments Act, 1924
|
| Sections |
5(1),
280(2)(c)
|