Law: Constitution of Pakistan

Section: 182

Constitution of Pakistan Art. 182-Transfer of holder of civil post in superior office to a subordinate office-Reduction in rank-Notice before transfer necessary even if action is not by way of Punishment -"Substantive temporary" Post equivalent to "quasipermanent"-Retrenchment must be made from bottom of list-Abolishing posts with a view to getting rid of some persons not approved.   The petitioner was holding the post of Temporary Assis tant in the Chief Engineer's Office (Central P. W. D.) and was reverted to the post of Upper Division Clerk in the Superintending Engineer's Office, a subordinate office of the P. W. D.   Held, that the petitioner's reversion amounted to a reduction in rank and that he was entitled to notice before transfer even if such transfer was not by way of punishment.   Any transfer of a person holding a post in the Chief Engineer's Office to a subordinate office cannot affect his position or his lien in the Chief Engineer's Office.   Substantive temporary posts as long as they exist, are to be treated on a quasipermanent basis and if they are not abolish ed the holder of such post in case of transfer, is entitled to claim a transfer to an equivalent post.   Retrenchment must be made from the bottom of the list and not from the top.   Getting rid of certain persons on the ground of abolition of posts and then to re-appoint some of the same members of the staff to the same posts, was not approved by the Court.    JUDGMENT   WAHIDUDDIN, J.---This judgment will dispose of the two Writ Petitions namely Petition No 159 of 1956 and Writ Petition No. 11 of 1957.   Both the petitioners have challenged their reversions to the post of Upper Division Clerks in the Superintending Engineer's Office, a subordinate office of the Public Works Department.   Before dealing with the points at issue, it will be neces sary to narrate the circumstances in which these petitioners are reverted. Manzoor Hasan Rizvi, was appointed as "C" grade clerk in the Central Office of the Central Public Works Department, India, New Delhi, and with effect from 1st Sep…