Law: Sindh Service Tribunals Act, 1973

Section: 3(2),4(b)

Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Civil service---- ----Deputation---Requisition of services of a government employee on deputation was prerogative of the competent authority. Shafiq-ur-Rehman Afridi v. C.D.A. 2010 SCMR 378 rel. (b) Sindh Service Tribunals Act (XV of 1973)--- ----S.3(2)---Constitution of Pakistan, Arts.212 & 199----Constitutional jurisdiction of High Court----Civil Service---Transfer and postings---Petitioner sought direction of the High Court to the effect that his transfer order was illegal and the same be set aside---Validity---Petitioner was a civil servant and his service was governed by Civil Servants Act, 1973 and impugned transfer order fell within ambit of terms and conditions of his service---Per S.3(2) of the Sindh Service Tribunals Act, 1973 Constitutional jurisdiction of High Court was barred in the matter---Constitutional petition was dismissed, in circumstances. Province of Sindh and others v. Ghulam Farid and others 2015 PLC (C.S.) 151 and Anita Turab's case PLD 2013 SC 195 ref. THIS JUDGMENT DELIVERED BY: ADNAN-UL-KARIM MEMON, J.--- The Petitioner seeks declaration that the impugned Notification issued by the Respondent No.2 dated 28.03.2018 for transfer of the Petitioner from the post of Registrar of Trade Marks (BS-19) and posting of the Respondent No.3 (BS-18) in place of the Petitioner is illegal. 2. Brief facts of the case as per averments of the parties are that Petitioner is a BPS-19 officer of Secretariat group, and was transferred and posted as Director, Intellectual Property Organization on deputation basis vide Notification dated 07.07.2015. Petitioner has averred that he was further transferred and posted as Registrar of Trade Marks (BPS-19), Trade Marks Registry Karachi vide Notification dated 01.07.2016 and assumed the charge on 12.07.2016. Petitioner has submitted that the Respondent No.2 has issued the impugned Notification dated 28.03.2018 by transferring him to report to Intellectual Property Organization Head office at Islamabad and on his place Respondent No.3, who is BS-18 officer has been posted, which is in violation of the Judgment rendered by the Hon'ble Supreme Court of Pakistan. Petitioner being aggrieved and dissatisfied with…

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