| Case ID |
32308cb1-b561-4ef0-a780-258246c8dbe7 |
| Body |
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| Case Number |
Writ Petition No. 1921 of 1998 |
| Decision Date |
Mar 03, 1998 |
| Hearing Date |
|
| Decision |
The petitioner, a civil servant, filed a constitutional petition challenging his transfer order from Shahdara Lahore to Gujrat. The court found that the matter of transfer pertains to the terms and conditions of service, thus rendering the constitutional petition not maintainable. The Additional Advocate-General argued that the transfer was initiated on compassionate grounds by the mother of Respondent No.5 and that the transfer order was executed at the departmental level. The court dismissed the petition in limine, emphasizing that civil servants should not expect postings of their own choice and should accept necessary administrative decisions regarding their transfers. |
| Summary |
In the case of ISHFAQ AHMAD vs MINISTER FOR EDUCATION, PUNJAB, LAHORE, the Lahore High Court addressed the maintainability of a constitutional petition filed by a civil servant challenging his transfer order. The court ruled that the transfer was a matter of service conditions, which falls outside the purview of constitutional petitions as per Articles 199 and 212 of the Constitution of Pakistan (1973). The court emphasized the importance of administrative authority in transfer decisions, highlighting that civil servants must adapt to necessary changes in posting. This decision underscores the balance between individual employee rights and administrative requirements in public service roles. Keywords such as 'civil servant transfer', 'constitutional petition', and 'Lahore High Court rulings' are pertinent for understanding the implications of this case in the context of public service law. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IHSANUL HAQ CHAUDHRY, J
|
| Lawyers |
Muhammad Sharif Khokhar,
Anwaar Akhtar,
Rana Muhammad Arif
|
| Petitioners |
ISHFAQ AHMAD
|
| Respondents |
Respondent No.3,
Respondent No.5,
MINISTER FOR EDUCATION, PUNJAB, LAHORE
|
| Citations |
1999 SLD 829,
1999 PLC 224
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
199,
212
|