| Citation(s) |
|---|
| 2015 SLG 3119 2015 SLD 3119 2015 PLC 1215 |
Service Tribunal, Balochistan
S.As. Nos. 53, 63, 78, 79 and 86 of 2015, decided on 15th April, 2015. dates of hearing: 10th and 15th April, 2015
ZAHEER-UD-DIN KAKAR, CHAIRMAN AND FARZAND ALI MENGAL, MEMBER (JUDICIAL)
Muhammad Kazim for Appellant (in S.A. No. 53 of 2015). Iftikhar Ahmed Sawati for Appellant (in S.A. No. 63 of 2015). Mazher Illyas Nagi for Appellant (in S.A. No. 78 of 2015). Muhammad Hassan Mengal for Appellant (in S.A. No. 79 of 2015). Ali Hassan Bug
S.As. Nos. 53, 63, 78, 79 and 86 of 2015, decided on 15th April, 2015. dates of hearing: 10th and 15th April, 2015
ZAHEER-UD-DIN KAKAR, CHAIRMAN AND FARZAND ALI MENGAL, MEMBER (JUDICIAL)
Muhammad Kazim for Appellant (in S.A. No. 53 of 2015). Iftikhar Ahmed Sawati for Appellant (in S.A. No. 63 of 2015). Mazher Illyas Nagi for Appellant (in S.A. No. 78 of 2015). Muhammad Hassan Mengal for Appellant (in S.A. No. 79 of 2015). Ali Hassan Bug
Dr. AKHTAR BANO and others
VS
GOVERNMENT OF BALOCHISTAN through Chief Secretary and others
Law:
Section:
Balochistan Civil Servants Act (IX of 1974)--- ----S. 10---Balochistan Service Tribunal Act (V of 1974), S.4---Notification No.SO-IV(H)4-6/2014/4235-350 dated 12-2-2015---Circular No.SOR 1-5(59) S&GAD 5241-5341 dated 2-2-1998---Circular No.SOR 1-5(59) S&GAD 2069-2170 dated 12-8-2006---Constitution of Pakistan, Arts.9 & 35---Transfer of civil servant---Appellants/Lady Doctors, who were serving in hospitals at place "Q" were transferred to hospitals in other places of the Province---Question of transfer/posting under S.10 of Balochistan Civil Servants Act, 1974, though fell within the domain of Authority, but such discretion must not be exercised in an arbitrary or fanciful manner---Such discretion, had to be exercised judiciously and in accordance with settled norms of justice, equity and fair play---Authority was duty bound that while exercising such discretion, requirement of job, nature of duties, requisites and capabilities, must be considered and there should be no extraneous considerations---Government had formulated a comprehensive policy by issuance of Circular No.SOR 1-5(59) S&GAD 5241-5341 dated 2-2-1989, to facilitate posting of serving husbands/wives at same station---Said circular followed by another Circular No. SOR 1-5(59) S&GAD 2069-2170 dated 12-8-2006, in pursuance whereof application of "Wedlock Policy" had been extended to the cases, where either of the spouses was employed in private sector---Said policy further provided that keeping in view the socio-economic problems and hardship faced by the husbands and wives due to posting at different stations of duty, Government through said circulars, issued instructions, guidelines to facilitate posting of husbands and wives at same station---Impugned notification whereby appellants were transferred, was violative of the 'Wedlock Policy' introduced through circulars---Notification in question was also violative of Arts.9 & 35 of the Constitution---If husband was posted at one city and his wife was posted in another one, that definitely would cause mental distress to both of them, with the consequences which were not only injurious to them and public exchequer, but could also…
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