| Citation(s) |
|---|
| 1994 SLG 568 1994 SLD 568 1994 PLC 186 |
Lahore High Court
Writ Petition No. 2796 of 1993, decision dated: 28-09-1993.
MIAN GHULAM AHMAD, J
Abdur Rashid Sheikh for Petitioner. Iqbal Ahmad Khichi, Asstt. A: G. for
Respondents.
Writ Petition No. 2796 of 1993, decision dated: 28-09-1993.
MIAN GHULAM AHMAD, J
Abdur Rashid Sheikh for Petitioner. Iqbal Ahmad Khichi, Asstt. A: G. for
Respondents.
ABDUL HAQUE AZAD
VS
SECRETARY, GOVERNMENT OF THE PUNJAB, FINANCE DEPARTMENT, LAHORE and another
Law:
Section:
Civil serviceTransferTransfer to a place of choiceEssentialsCivil servant on verge of retirement could be given a choice of his last posting, but such choice would be either for the station or for the post but not for bothPetitioner claiming transfer to a specified stationCivil servant's choice for the station on verge of his retirement, would be given effect to, so far as possible, but competent Authority was not bound to do soLucrative appointments in particular, should not be given to officers of illreputeGovernment servant, has neither a vested right to claim such appointment nor the Authority is under legal obligation to honour his choice in all eventualitiesPolicy instructions relating to such matters would not have force of statutory provisions, nor could the same be enforced through Court of lawProper course for civil servant would be to approach concerned AuthorityPetitioner, however, was posted at his home townPetitioner being ailing and aged person and being on verge of retirement, his request for his posting at the place of his choice could be favourably considered by the concerned Authority but he could not be helped through Court interference. ORDER The petitioner is Divisional Director, Local Fund Audit, Dera Ghazi Khan, and is on the verge of retirement. His request for shifting to Multan in the same capacity was acceded to by the then Finance Minister, Punjab, who passed such an order on .2041993. One Muhammad Akhlaq Qureshi, however, was posted as the Divisional Director, Local Fund Audit, Multan. This has been challenged by Mr. Abdul Haq Azad, through the present writ petition. 2. Comments have been submitted by the Finance Department, as also by Mr. Muhammad Akhlaq, respondent No. 2, and the same have been perused. It is conceded that a civil servant nearing the age of superannuation will be given a choice of his last posting, but the same would be either for the station or for the post, and not for both. It is, however, to be noted that it has…
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