| Case ID |
f7cc5c94-e853-49b2-b5c7-63b0624d9c7d |
| Body |
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| Case Number |
Writ Petition No. 2149 of 1989 |
| Decision Date |
Dec 20, 1989 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the petition filed by Muhammad Asif, a Sub-Engineer in the Buildings Department, challenging his transfer orders under Article 199 of the Constitution. The Court held that the matter of transfer falls under the exclusive jurisdiction of the Service Tribunal as per Article 212 of the Constitution. It was determined that the transfers were related to the terms and conditions of service, which are not justiciable in ordinary courts. The Court emphasized that any disputes regarding the transfer orders should be addressed by the Service Tribunal, reinforcing the principle that administrative decisions regarding civil servant transfers are not subject to judicial review unless there is a clear case of mala fides. The judgment affirmed the exclusive jurisdiction of the Service Tribunal in such matters, dismissing the petition with costs. |
| Summary |
This case revolves around the jurisdiction of the Lahore High Court concerning the transfer of Muhammad Asif, a civil servant, and the legal implications of such transfers under the Constitution of Pakistan and the Punjab Service Tribunals Act. The Court ruled that the Service Tribunal has exclusive authority to handle disputes related to the terms and conditions of service for civil servants. This decision emphasizes the importance of administrative law in managing government employees and the limitations of judicial review in administrative matters. The judgment serves as a significant precedent in understanding the boundaries of judicial intervention in administrative decisions, particularly those affecting public servants. This case highlights the critical role of the Punjab Service Tribunals Act in civil service governance and the constitutional framework that underpins the authority of administrative tribunals over ordinary courts in Pakistan. Key terms include 'civil service', 'administrative law', 'judicial review', and 'Service Tribunal jurisdiction'. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
FAZAL KARIM, J
|
| Lawyers |
Ch. Abdul Sattar Goraya for Petitioner.,
Tasaddaq Hussain Jillani, Addl. A.G. for Respondents Nos. 1, 2 and 5.,
Ch. Muhammad Siddiq for Respondents Nos. 3 and 4.
|
| Petitioners |
MUHAMMAD ASIF
|
| Respondents |
4 others,
SECRETARY TO GOVERNMENT OF THE PUNJAB, C AND W DEPARTMENT, LAHORE
|
| Citations |
1990 SLD 1327,
1990 PLC 257
|
| Other Citations |
Islamic Republic of Pakistan v. Dr. Safdar Mahmood P L D 1983 S C 100,
Muhammad Hashim Khan v. Province of Baluchistan P L D 1976 Quetta 59,
Iqan Ahmed Khurram v. Government of Pakistan and others P L D 1980 S C 153,
Muhammad Aslam Bajwa v. Federation of Pakistan P L D 1974 Lah. 545,
Mst. Saeeda Bukhari v. Secretary, Ministry of Education, Government of the Punjab, Lahore and another P L D 1988 Lah. 553,
Muhammad Aboo Abdullah v. The Province of East Pakistan and another P L D 1960 S C (Pak.) 164
|
| Laws Involved |
Constitution of Pakistan 1973,
Punjab Service Tribunals Act (IX of 1974)
|
| Sections |
212,
199,
3,
4(1)(b)
|