| Citation(s) |
|---|
| 1993 SLG 1150 1993 SLD 1150 1993 PLD 286 |
Lahore High Court
Writ Petition No. 2656 of 1992, heard on 15th September, 1992. dates of hearing: 13th to 15th September, 1992
ZIA MAHMOOD MIRZA, J
Perwaiz Akhtar for Petitioner. Maqbool Elahi Malik, A.G. Pb. with Tassadaq Hussain Jillani Addl. A.G. and Mian Bashir Ahmed AA.G. for
Respondents
Writ Petition No. 2656 of 1992, heard on 15th September, 1992. dates of hearing: 13th to 15th September, 1992
ZIA MAHMOOD MIRZA, J
Perwaiz Akhtar for Petitioner. Maqbool Elahi Malik, A.G. Pb. with Tassadaq Hussain Jillani Addl. A.G. and Mian Bashir Ahmed AA.G. for
Respondents
Dr. HANIF ARIF
VS
SECRETARY HEALTH, GOVERNMENT OF PUNJAB and another--Respondent
Law:
Section:
Constitution of Pakistan (1973)--- ---- Arts. 212 & 199 --- Punjab Service Tribunals Act (IX of 1974), S.3 --- Civil servants --- Transfer --- Validity --- Jurisdiction --- Transfer of civil servants on directive of Chief Minister --- Transfer orders were challenged through Constitutional petition on the ground that such orders were not in the exigency of service but by way of penalty---Petitioners also challenged directive of Chief Minister for providing medical aid/treatment free of cost to ineligible patients for being discriminatory in nature --- Petitioners, however, essentially felt aggrieved with the orders of their transfers which matter related to the terms and conditions of their service --- Orders of transfer of civil servants being appealable before Service Tribunal could not be brought under challenge in constitutional jurisdiction of High Court---Merely because petitioners had also assailed the validity of Chief Minister's directive for providing free medical aid/treatment to certain individuals did not imply that they could also invoke jurisdiction of High Court to examine the matter (relating to their transfer) which was outside the pale of its jurisdiction by virtue of Art. 212 of the Constitution --- As for the directive of Chief Minister for providing medical aid/treatment to ineligible patients, petitioners had, admitted to have been faithfully complying with those directives and .never raised any objection until impugned orders of transfer were issued --- Petitioners were, thus, precluded by their own conduct from challenging the directives of Chief Minister- -Constitutional petition against transfer orders of civil servants was thus incompetent---Petitioners, if so advised, could approach Service Tribunal for the redress of their grievance. Abdul Bari v. Government of Pakistan and 2 others PLD 1981 Kar.209; Khalilur Rehman and others v. Government of Pakistan and others PLD 1981 Kar. 750; Rana Muhammad Sarwar v. Government of Punjab through Services, General Administration and Information Department and another 1990 SCMR 999; IA. Sharwani and another v. Government of Pakistan through Secretary, Finance Division, Islamabad and others…
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