| Citation(s) |
|---|
| 2018 SLG 1484 2018 SLD 1484 2018 PLC 502 |
Supreme Court of Pakistan
Civil Petitions Nos. 382-K to 385-K of 2017, decision Dated: 14-12-2017. Hearing Date : 23-11-2017. (Against the consoli Dated Order Dated 01.06.2017 passed by the High Court of Sindh in C.Ps. Nos. D-5661/14, 4531/14, 4532/14, 5468/14, 4790/13 and 7751/15
GULZAR AHMED, JUSTICE, SAJJAD ALI SHAH, JUSTICE
M. Shafi Muhammadi, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Petitioners (in C.Ps. Nos.384 and 385 of 2017). Ghulam Qadir Jatoi, Advocate-on-Record for Petitioners (in C.P. No.383 of 2017). Muhammad Umer Riaz, Advocate Supre
Civil Petitions Nos. 382-K to 385-K of 2017, decision Dated: 14-12-2017. Hearing Date : 23-11-2017. (Against the consoli Dated Order Dated 01.06.2017 passed by the High Court of Sindh in C.Ps. Nos. D-5661/14, 4531/14, 4532/14, 5468/14, 4790/13 and 7751/15
GULZAR AHMED, JUSTICE, SAJJAD ALI SHAH, JUSTICE
M. Shafi Muhammadi, Advocate Supreme Court and Ghulam Qadir Jatoi, Advocate-on-Record for Petitioners (in C.Ps. Nos.384 and 385 of 2017). Ghulam Qadir Jatoi, Advocate-on-Record for Petitioners (in C.P. No.383 of 2017). Muhammad Umer Riaz, Advocate Supre
TARIQ IQBAL AND OTHERS
VS
DG MILITARY LAND AND CANTONMENTS DEPARTMENT MINISTRY OF DEFENCE AND OTHERS
Law:
Section:
Pakistan Cantonments Servants Rules, 1954--- ----R. 5(i)---Employees of Cantonment Board---Transferable posts---Director General of Military Lands issued a letter in terms of R. 5(1) of the Pakistan Cantonments Servants Rules, 1954, declaring that the employees of Cantonments Boards in BS-5 and above who were presently in non-transferable categories be placed in the transferable categories and could be transferred throughout the country---Pakistan Cantonments Servants Rules, 1954 were duly published in accordance with law and no change in the said rules had been questioned nor it had been brought to the notice of the court---Transferred employees/petitioners also never challenged the vires of R. 5 of the Pakistan Cantonments Servants Rules, 1954---Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: SAJJAD ALI SHAH, JUSTICE:---.--- Through C.M.A. No. 538-K of 2017, petitioner Tariq Iqbal seeks to withdraw the power of attorney and to argue the matter in person. For the reasons stated in the application, the same is allowed subject to all just exceptions. 2. The petitioners, who are employees of Ministry of Defence (ML&C Department) Government of Pakistan, in BS-7 to BS-10 posted at different Cantonment Boards, seek leave of this Court against a common order of the Sindh High Court whereby their plea, that the posts held by them were non-transferable, stood rejected. 3. Briefly, i) Petitioner Tariq Iqbal Lower Division Clerk (BS-7) was transferred on 31.10.2014 from Cantonment Board Clifton to Cantonment Board Pano Aqil, ii) Petitioner Yousuf Mirza Assistant Revenue Superintendent (BS-10) was transferred on 22.10.2014 from Cantonment Board Faisal to Cantonment Board Sargodha, iii) Petitioner Muhammad Sajjad Sanitary Inspector (BS-10) was transferred on 7.11.2013 from Cantonment Board Korangi Creek to Cantonment Board D.I. Khan, AND iv) Petitioner Abdul Samad Assistant Revenue Superintendent (BS-10) was transferred on 8.12.2015 from Cantonment Board Faisal to Cantonment Board Murree Hills. 4. They questioned their transfers by invoking constitutional jurisdiction of the Sindh High Court by filing separate constitutional petitions…
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