Case Details

Citation(s)
2011 SLG 1628 2011 SLD 1628 2011 PLC 319
Lahore High Court
Writ Petition No.22164 of 2010, decision dated: 18-10-2010.
SYED AKHLAQ AHMAD, J

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MUHAMMAD ASLAM

VS

EXECUTIVE DISTRICT OFFICER HEALTH, HAFIZABAD and 2 others MUHAMMAD ASLAM vs EXECUTIVE DISTRICT OFFICER HEALTH, HAFIZABAD and 2 others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------S. 9---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Posting and transfer---Posting and transfer was a necessary feature of service and could best be judged by the authority under whom the person was serving---Posting and transfer was outside the scope of the constitutional jurisdiction of High Court as enshrined in Art.212 of the Constitution. Mst. Hussan Aara v. Government of the Punjab and others 2004 PLC (C.S.) 106; Begum Asmat Azhar v. Punjab Government through Secretary Education and another PLD 1987 Lah. 256; Dr. Younis Asad Shaikh v. Province of Sindh through Secretary Health Department Government of Sindh 2009 PLC (C.S.) 735 and Secretary to Government of Punjab Health Department Lahore and others v. Dr. Abida Iqbal and another 2009 SCMR 61 ref. Malik Muhammad Faiz Khokhar for Petitioner. ORDER SYED AKHLAQ AHMAD, J.--- This writ petition is directed against the order dated 11-10-2010 passed by the Executive District Officer (Health) Tehsil and District Pindi Bhattian District Hafizabad/ respondent No.1 whereby an interchange order of transfer/posting between Muhammad Aslam Chowkidar BHU Ghabrika/petitioner and Muhammad Munawar Chowkidar BHU Pindi Dodhal/respondent No.3 has been ordered with immediate effect on administrative grounds. 2. Contents of the writ petition show that on 15-9-1985 Muhammad Aslam/petitioner was appointed as Chowkidar at BHU Ghabrika Tehsil Pindi Bhattian District Hafizabad. In the year 1996, within a span of 1-1/2 months, he was transferred to BHU Doratta and then to his original appointed place of BHU Ghabriak where he. worked as Chowkidar up till now. It is alleged that on 24-5-2010, he was transferred by E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad on interchange basis between the petitioner and Muhammad Munawar Chowkidar on account of malafide intention and ulterior motive of Shahid Hussain Bhatti M.P.A. On 15-7-2010, the said interchange transfer was recalled. On 6-8-2010 the same was allowed by E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad. On 27-8-2010 an order of E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad was…
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