| Case ID |
3d609649-3175-4f9e-8e11-b1a1a2875c97 |
| Body |
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| Case Number |
Writ Petitions Nos.1345, 1354, 1375 and 1376 of 20 |
| Decision Date |
Sep 30, 2004 |
| Hearing Date |
Sep 30, 2004 |
| Decision |
The Peshawar High Court dismissed the constitutional petitions filed by the petitioners, who were civil servants, challenging their transfers. The court held that the transfer of civil servants falls within the terms and conditions of their service and is within the exclusive jurisdiction of the Service Tribunal. The High Court's jurisdiction under Article 199 of the Constitution was excluded in matters that fall within the jurisdiction of the Service Tribunal as per Article 212. The court emphasized that the Service Tribunal has the authority to adjudicate matters related to postings and transfers, reaffirming the established legal precedent. |
| Summary |
In the case of the Writ Petitions Nos.1345, 1354, 1375 and 1376 of 2004, the Peshawar High Court addressed significant legal issues regarding the transfer of civil servants under the North-West Frontier Province Civil Servants Act and the North-West Frontier Province Service Tribunals Act. The decision clarified that matters of transfer are part of the terms and conditions of service, thus falling under the exclusive jurisdiction of the Service Tribunal. The court noted that the jurisdiction of the High Court is limited in such matters, as stipulated in the Constitution of Pakistan. This ruling aligns with previous case law, ensuring that civil servants cannot challenge transfer orders in the High Court, but must instead appeal to the Service Tribunal. The emphasis on jurisdiction and the definition of civil service terms is crucial for understanding the legal framework governing public servants in Pakistan. This case highlights the importance of adhering to established legal pathways for grievances related to employment within government roles, reinforcing the structure of administrative justice in the province. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
NASIR-UL-MULK, C.J.,
DOST MUHAMMAD KHAN, J
|
| Lawyers |
Khushdil Khan,
Jehanzeb Rahim A.G, N.-W.F.P.
|
| Petitioners |
MUHAMMAD NADEEM
|
| Respondents |
4 others,
DISTRICT OFFICER REVENUE AND ESTATE PESHAWAR
|
| Citations |
2005 SLD 920 = 2005 PLC 573
|
| Other Citations |
1991 SCMR 477,
1997 SCMR 167,
1997 SCMR 169,
1997 SCMR 171,
1997 SCMR 1124,
1998 SCMR 1948,
2002 PLC (C.S.) 675,
2002 PLC (C.S.) 1037
|
| Laws Involved |
North-West Frontier Province Civil Servants Act (XVIII of 1973),
North-West Frontier Province Service Tribunals Act (I of 1974),
Constitution of Pakistan (1973)
|
| Sections |
10,
4,
199,
212
|