| Citation(s) |
|---|
| 2026 SLG 1930 2026 SLD 1930 = 2026 CLC 976 |
W.P. No. 495/2025
Presented By: (KHADIM HUSSAIN SOOMRO) JUDGE
Petitioner by: Mian Shafaqat Jan, Advocate.
Respondents by: Barrister Munawwar Iqbal Duggal, Addl. Attorney General. Mr. Azmat Bashir Tarar, AAG. Raja Saim ul Haq Satti, Legal Advisor, Establishment Division. Jameel Ahmed, DS (Lit-II), Establishment Division. M. Asif and M. Zubair, Section Officers, M/o Religious Affairs. Date of Decision: 05.03.2025.
Fahim Khan Afridi
VERSUS
Federation of Pakistan, etc.
Law: Constitution of Pakistan, 1973
Section: 199
Law: Civil Servants Act, 1973
Section: 10
Summary
The petitioner, a BPS-19 Pakistan Administrative Service (PAS) officer, challenged a notification dated February 4, 2025, which prematurely transferred him from his post as Director General (BS-19) at the Directorate General of Hajj in Jeddah, Saudi Arabia, back to the Establishment Division in Islamabad. The petitioner asserted that his selection was for a fixed tenure of three years under Section 3.2, Clause (xi) of the ESTACODE (Edition-2021) and could not be curtailed.
The State countered that the transfer was justified due to unsatisfactory performance and complaints regarding pilgrim facilities. It also proved that the Prime Minister had approved the transfer and that the petitioner had already reported to the Establishment Division on February 11, 2025.
The High Court dismissed the writ petition on the following grounds: