Law: Constitution of Pakistan, 1973

Section: 199,212

(a) Constitution of Pakistan--- ----Arts.199, 212---Constitutional jurisdiction---Terms and conditions of service---Maintainability---Scope---Transfer matters fall within the ambit of “terms and conditions of service” and the Service Tribunal has exclusive jurisdiction in respect thereof under Art. 212 of the Constitution but since the petition before High Court involved interpretation of fundamental rights with reference to persons with disabilities so the objection of maintainability was overruled. Muhammad Akram Malik v. Province of Sindh through Chief Secretary, Government of Sindh, Karachi and 2 others 2002 PLC (C.S.) 1037; Muhammad Ibrahim v. Secretary to Government of Sindh and 3 others 2014 PLC (C.S.) 234 and Aftab Muhammad Khan v. The Federation of Pakistan through Secretary Ministry of Commerce and 2 others 2019 PLC (C.S.) 1483 ref. (b) Interpretation of statutes--- ----Municipal law---International law---Scope---General rule is that the provisions of a treaty are not automatically incorporated into municipal law and a countrys legislature must enact law to implement them---In Pakistan, even where such legislation has not been passed, the courts are required to interpret and apply every statute, as far as its language admits, in accordance with the principles of comity of nations and established rules of international law. JUDGMENT TARIQ SALEEM SHEIKH, J.----The Petitioner and her husband Abdul Haseeb Amin are visually impaired persons. On 1.12.2020 the Petitioner was appointed as Senior Special Education Teacher (Visually Impaired Field) in BS-17 on a five-year contract and posted at the Government Special Education Centre, Phalia, District Mandi Bahauddin. On the other hand, Amin is serving as Naib Qasid (BS-1) and is presently posted in the Finance Department, Punjab Civil Secretariat, Lahore. The Petitioner applied to the Secretary Special Education (the "Secretary") for her transfer to Lahore against a vacancy which occurred on the superannuation of Mrs. Tehmina Shahid but he did not attend to her request. She filed Writ Petition No.16818/2021 in this Court which was disposed of vide Order dated 11.3.2021 with a direction to the Secretary to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492