Case Details

Citation(s)
2023 SLG 412 2023 SLD 412 2023 PLC 292
Supreme Court of Pakistan
Civil Petition No. 283-K of 2020, decided on 8th March, 2021. (On appeal against the judgment Dated 11.03.2020 passed by the High Court of Sindh, Karachi in Constitutional Petitions Nos. D-5659 and D-3597 of 2018)  Date of hearing: 8th March, 2021.
GULZAR AHMED, C.J., IJAZ UL AHSAN AND SAYYED MAZAHAR ALI AKBAR NAQVI, JJ
Muhammad Akbar Awan, Advocate Supreme Court for Petitioner (w/o PoA) (through video link from Karachi). Nemo for
Respondents.

MUHAMMAD SAJJAD

VERSUS

FEDERATION OF PAKISTAN and others

Law:

Section:

(a) Cantonment Servants Rules, 1954--- ----R. 5(1)---Transfer to another station---Legality---In the appointment letter of the petitioner-employee, it was clearly mentioned that the service of the petitioner was transferable, and it was made clear to him that only if he accepted the clauses of his appointment letter, he should report for duty---Joining of duty by the petitioner meant that he had accepted the appointment letter, which stated that his service was transferable at any other station throughout the country---When the petitioner had accepted the conditions mentioned in the appointment letter, he was estopped to challenge his transfer order---Petitioner neither agitated any element of mala fide on the part of the department nor any of his right had been infringed---Petition for leave to appeal was dismissed and leave was refused. Tariq Iqbal v. D.G. Military Lands and Cantonments Department 2018 SCMR 335 ref. (b) Civil service--- ----Transfer and posting---Scope---Transfer of an employee/public servant fell within the ambit of terms and conditions of service, which included transfer and posting---Transfer and posting was part of service and it was for the authority to determine where services of any staff member were required. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Through this petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973, the petitioner has called in question the judgment dated 11.03.2020 passed by the High Court of Sindh, Karachi, whereby the Constitutional Petition filed by him, challenging the vires of Rule 5(1) of the Cantonment Servants Rules, 1954, under which the competent authority had transferred him, was dismissed. 2. Briefly stated the facts of the matter are that the petitioner was appointed as Sanitary Inspector (BPS-10) in the Cantonment Board, Pannu Aqil vide order dated 23.01.2010 and purportedly he was transferred to Karachi subsequently. His services were transferred from Cantonment Board Korangi Creek, Karachi, to Cantonment Board D.I. Khan vide order dated 07.11.2013. Being aggrieved by the transfer order, the petitioner along with other similarly placed employees challenged the…
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