| Citation(s) |
|---|
| 2011 SLG 1767 2011 SLD 1767 2011 PLC 935 |
Supreme Court of Pakistan
Civil Petition No.1337 of 2008, decision dated: 16-10-2008.(On appeal from the judgment, dated 25-9-2008 passed by the N.W.F.P. Service Tribunal in Appeal No.806 of 2008).
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD AKHTAR SHABBIR AND SARMAD, JALAL OSMANY, JJ
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Civil Petition No.1337 of 2008, decision dated: 16-10-2008.(On appeal from the judgment, dated 25-9-2008 passed by the N.W.F.P. Service Tribunal in Appeal No.806 of 2008).
SARDAR MUHAMMAD RAZA KHAN, MUHAMMAD AKHTAR SHABBIR AND SARMAD, JALAL OSMANY, JJ
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MUHAMMAD ILYAS KHAN
VS
SENIOR MEMBER, BOARD OF REVENUE, N.W.F.P., PESHAWAR and others MUHAMMAD ILYAS KHAN vs SENIOR MEMBER, BOARD OF REVENUE, N.W.F.P., PESHAWAR and others
Law:
Section:
North-West Frontier Province Local Government Ordinance (XIV of 2001)-------S. 30(3)---Constitution of Pakistan, Art.212(3)---Successive transfers---Scope---Respondent was Patwari who was transferred to three stations within a span of eight months---Service Tribunal accepted appeal filed by respondent Patwari and set aside his transfer orders---Validity---Successive transfers of respondent to three stations within a span of eight months were against posting/transfer policy of Provincial Government, which indicated that a government servant should not be transferred in ordinary circumstances, prior to completion of a period of three years at one place of posting---Transfer order of respondent was passed during ban period, prematurely under political influence, as copy of the same was sent to private secretary to Provincial Minister for Revenue---Tenure of posting of an officer or official of Government to a District Government was provided in S.30(3) of North-West Frontier Province Local Government Ordinance, 2001, as three years but any officer could be transferred earlier due to exigency of service or in public interest---Dispute raised in petition for leave to appeal related to an individual grievance and no substantial question of law of public importance was involved to warrant interference by Supreme Court under Art.212 (3) of the Constitution---Supreme Court did not find any illegality or infirmity in the passed by Service Tribunal so as to justify interference by Supreme Court under Art.212(3) of the Constitution---Petition was dismissed. Zahid Akhtar v. Government of Punjab PLD 1995 SC 530; Muhammad Nasir Khan v. Secretary Education, Government of Punjab and others 2000 PLC (C.S.) 312; Abdul Haq v. G.M. S.N.G.P. Ltd. 2000 SCMR 925; Muhammad Binyamin v. WAPDA 1991 SCMR 382; Muhammad Azim v. Chief Engineer Irrigation 1991 SCMR 255; Muhammad Nawaz v. Divisional Forest Officer, Islamabad and 2 others 1982 SCMR 880; Arif Ghafoor v. Managing Director, H.M.C. Taxila and others PLD 2002 SC 13; Saboor Ahmad v. Managing Director, Sui Southern Company Limited and another 2002 SCMR 953 and Faiz Ahmad v. Deputy Postmaster-General, Lahore and others 1991 SCMR 368…
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