| Case ID |
ffcd9172-a769-46c1-8275-13c4b480dc55 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 7842 of 1994 |
| Decision Date |
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| Hearing Date |
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| Decision |
The writ petitions were dismissed, with no order as to costs. The court held that an order of posting and transfer of a civil servant relates to terms and conditions of service, and thus the jurisdiction of the High Court under Article 199 of the Constitution to challenge such an order is barred under Article 212 of the Constitution. |
| Summary |
The case involves a series of writ petitions filed by civil servants of the Province of Punjab challenging the legality of their transfer orders. The primary legal question was whether Article 212 of the Constitution of Pakistan bars the jurisdiction of the High Court under Article 199 in matters related to the terms and conditions of service of civil servants. The court reiterated that the jurisdiction of the High Court is indeed barred under Article 212 when it comes to matters of civil servant transfers, as these fall within the exclusive jurisdiction of the Service Tribunals. The Punjab Civil Servants Act and the Punjab Service Tribunals Act were central to the case, particularly Section 9 of the former, which addresses the posting and transfer of civil servants. The judgment also referenced previous Supreme Court decisions, including those in Musharaf Ali v. The Province of Punjab and Zahid Akhtar, Assistant Engineer v. Government of the Punjab, which supported the view that such matters should be handled by the Service Tribunal. The decision emphasized the need for adherence to statutory rules and departmental instructions in the transfer of civil servants. The court dismissed the petitions, emphasizing that the right of a civil servant to challenge a transfer order on grounds of mala fide or arbitrary action is not absolute and must be pursued through the appropriate tribunal. |
| Court |
Lahore High Court
|
| Entities Involved |
Province of Punjab
|
| Judges |
MUNIR A. SHEIKH,
MUHAMMAD AQIL MIRZA
|
| Lawyers |
Not available
|
| Petitioners |
Munshi MUHAMMAD AZAM
|
| Respondents |
A.C. and others
|
| Citations |
1996 SLD 498,
1996 PLC 415
|
| Other Citations |
Musharaf Ali v. The Province of Punjab 1988 SCMR 991,
Zahid Akhtar, Assistant Engineer v. Government of the Punjab PLD 1995 SC 530,
Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar. 290
|
| Laws Involved |
Punjab Civil Servants Act,
Constitution of Pakistan (1973),
Punjab Service Tribunals Act
|
| Sections |
S. 9,
Arts. 212 & 199,
S. 4
|