Law:

Section:

(a) Constitution of Pakistan (1973)--- ----Art. 199---Transfer of a civil servant, a female school teacher---Order of transfer of a civil servant, even though mala fide and as a result of non­-application of independent mind of the concerned Authority, nevertheless, was not liable to interference by High Court in exercise of its Constitutional jurisdiction---Remedy of aggrieved person would lie in making a representation to the higher authorities in the hierarchy of the Department; recourse could also be had to the Service Tribunal, if impugned order involved a detrimental change in the terms and conditions of service of civil servant--­Transfers of civil servants should generally be ordered keeping in view the departmental requirements and administrative reasons, besides public interest and public good, and not for satisfying anybody's personal spite or political vendetta, for any personal reasons or any extraneous considerations--­Circumstances for justifying civil servant's transfer due to his/her personal and family circumstances must be placed before administrative authority concerned, but a desire on the art of a civil servant in the matter of transfer and even a compassion could not be enforced through a Court of law, muchless through the High Court, by invoking its extraordinary Constitutional jurisdiction. (b) Constitution of Pakistan (1973)--- ----Arts. 199---Transfer---Grievance of civil servant---Such matters should be brought to the notice of administrative hierarchy of the Department so as to provide relief to genuinely aggrieved persons---Copy of the order of High Court was directed to be sent to the Departmental Authority, so that it exercised its supervisory authority in the right direction and growing discontent that was seriously manifesting itself amongst the rank and file of its subordinates was truly cured and alarming tendency of their approaching law Courts in the matter of their transfers was effectively curbed. Mian M. Parvez Akhtar for Petitioner. Respondent No. 1 in person. Date of hearing: 24th April, 1993. JUDGMENT Tauqeer Batool petitioner is a PTC teacher, who had her posting in the Girls Primary School, Farm Noor Muhammad, a…

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