| Citation(s) |
|---|
| 1995 SLG 1488 1995 SLD 1488 1995 PLC 820 |
Lahore High Court
Writ Petition No. 4658 of 1994, decided on 23rd November, 1994.
CH. MUHAMMAD NASIM, J
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Writ Petition No. 4658 of 1994, decided on 23rd November, 1994.
CH. MUHAMMAD NASIM, J
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NAHID AKHTAR, S.S. (MATH), GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, SAHIWAL
VS
DIRECTOR, EDUCATION (S.E.), MULTAN DIVISION, MULTAN and another
Law:
Section:
Constitution of Pakistan (1973)--- ----Arts. 212(3) & 199---Civil service---Transfer---Validity---Jurisdiction--Orders for transfer of a civil servant could not be challenged before High Court in Constitutional petition as per provision contained in Art. 212 of the Constitution whereby in any matter falling within jurisdiction of Administrative Court or Tribunal no other Court could grant injunction, make any order or entertain any proceedings in respect of the same---High Court, thus, had no jurisdiction to hear Constitutional petition against transfer order of civil servant. Muhammad Shafi etc. v. Education Authorities NLR 1992 TD 728; Muhammad Ramzan v. Provincial Government and others NLR 1992 TD 699 and Nisar Ahmad v. Government of Punjab NLR 1992 TD 672 rel. Ch. Altaf Hussain for Petitioner. ORDER Nahid Akhtar petitioner has been transferred from Government Higher Secondary School, Farid Town, Sahiwal to Government Higher Secondary School, Shujabad, District Multan vice Mst. Sajila Nasim respondent No. 2. Expressing that there was no complaint against her and that due to political pressure she has been transferred this writ petition has been filed by her to obtain the proposed relief that her transfer order may be declared as illegal, without jurisdiction and of no legal effect. According to her she belongs to such category of the staff of the Elementary and Secondary Education in the Education Department that she could not be transferred in view of the ban imposed in the matter. 2. The comments have been submitted by the Director of Education (S.E.), Multan Division, Multan wherein it has been expressed that the transfer order dated 19-9-1994 impugned through this writ petition has been issued in good faith. It is maintained that in view of Article 212 of the Constitution of the Islamic Republic of Pakistan the matter has…
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