Case Details

Citation(s)
1995 SLG 1485 1995 SLD 1485 1995 PLC 831
Lahore High Court
Writ Petition No. 4176 of 1994, decided on 6th November, 1994.
CH. MUHAMMAD NASIM, JJ

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Mrs. ZEB MAZHAR ALI BHATTI

VS

GOVERNMENT OF PUNJAB through Department of Education, Lahore and 3 others

Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--- ----S. 9--Punjab Service Tribunals Act (IX of 1974), S. 4---Constitution of Pakistan (1973), Arts. 212 & 199---Civil service---Transfer---Validity--- Jurisdiction---Constitutional petition under Art. 199 of the Constitution against transfer order of civil servant was incompetent---Civil servant was entitled to 1 approach Service Tribunal for redress of her grievance---Any order of Departmental Authority, even if without jurisdiction or mala fide, could be challenged before Service Tribunal and jurisdiction of all other Courts including High Court was barred---Transfer of civil servant being in exigency of service, no exception could be taken thereto by affected civil servant by filing Constitutional petition under Art. 199 of the Constitution and the same having connection to the terms and conditions of service, could be gone into, appreciated and analysed by Service Tribunal and not by the High Court in Constitutional jurisdiction---Constitutional petition against transfer of civil servant was thus, not maintainable in circumstances. Muhammad Shafi and others v. Education Authorities NLR 1992 TD 728; Dr. Hanif Arif v. Secretary, Health, Government of the Punjab PLD 1993 Lah. 286; PLD 1983 SC 100 and Nasim Ahmad v. Government of the Punjab NLR 1992 TD 672 rel. Ch. Habib Ullah Nahang for Petitioner. Mian M. Zafar Yasin for Respondent No. 4. ORDER This order is intended to dispose of the following writ petitions:-- (i) Writ Petition No. 4176 of 1994. Mr. Zeb Mazhar Ali Bhatti v. Province of the Punjab and others. (ii) Writ petition No. 4361 of 1994. Miss Rubina Shaheen v. District Education Officer, Female (E), Multan and others. (iii) Writ Petition No. 4586 of 1994. Mst. Shahina Aurangzeb v. Government of the Punjab through Education Department and others. (iv) Writ Petition No. 4603 of 1994. Saeed Ahmad v. Director S.E. Multan Division, Multan and another. Through different orders of different dates passed by the Officers of the Education Department the aforesaid employees of the Education Department have been transferred who have assailed the relevant transfer orders on the grounds of the competence of the…
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