Case Details

Citation(s)
2023 SLG 2000 2023 796 2023 SLD 2000
Sindh High Court
Constitutional Petitions Nos.D-1357, D-1275, D-1356 and D-1612 of 2022, decided on 23rd November, 2022. Date of hearing: 23rd November, 2022.
Before Muhammad Junaid Ghaffar and Agha Faisal, JJ
Abdul Sattar Pirzada along with Inzimam Sharif for Petitioners (in C.P. No.D-1612 of 2022). Syeda Abida Bukhari for Petitioners (in C.P. No.D-1357 of 2022). Syeda Abida Bukhari for Petitioner (in C.P. No.D-1275 of 2022). Chaudhry Khalid, Rana Azamul Ha

ALTAF HUSSAIN KHUHRO and 3 others

VERSUS

FEDERATION OF PAKISTAN and 6 others

Law: Civil Servants Act, 1973

Section: 10

Law: Income Tax Ordinance, 2001

Section: 207

Law: Sales Tax Act, 1990

Section: 30

Law: Federal Excise Act, 2005

Section: 29

Law: Constitution of Pakistan, 1973

Section: 199,212

Civil Servants Act (LXXI of 1973)--- ----S.10---Income Tax Ordinance (XLIX of 2001), S.207---Sales Tax Act (VII of 1990), S.30---Federal Excise Act (VII of 2005), S. 29---Constitution of Pakistan, Arts. 199 212---Constitutional petition---Maintainability---Terms and conditions of service--- Postings and transfers--- Petitioners were officers of Audit department and were aggrieved of notification imposing restriction on their postings as Unit incharge in field formations---Validity---Petitioners were civil servants and under S.10 of Civil Servants Act, 1973, they were liable to serve anywhere within or outside the Province to any post under Federal Government or any Provincial Government or local authority---There was no concept of vested right in posting of a civil servant who could be posted anywhere and could not demand or seek posting or transfer at a place of his choice---It was not their right to seek a specific posting or assignment of assessment or field formation---Petitioners could also be posted as Officers on Special Duty without any assignment---This without any other plausible cause, did not by itself give a cause of action to seek enforcement of any constitutional right--- Petitioners as civil servants were bound to obey order of Federal Board of Revenue and postings so assigned for which while entering into service they had agreed---Seeking a person specific relief for some special posting or assignment was not per-se a right, which could be enforced through High Court---Petitioners were officers of Inland Revenue, even if they were not assigned any field formation or assessment related duties---Petitioners claimed to be auditors and it was better if they would remain as auditors, instead of seeking any assessment related assignments---High Court declined to interfere in the matter as the petition was incompetent---Constitutional petition was dismissed, in circumstances. Umar Baz Khan through L.Rs. v. Syed Jehanzeb and others PLD 2013 SC 268; Ali Raza and 2 others v. Government of Pakistan through Secretary Ministry of Kashmir Affairs and 4 others 2018 PLC (C.S.) 574; Messrs Hudabiya Paper Mills Ltd. v. National Accountability Bureau PLD 2012…
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