Law:

Section:

Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Transfer of civil servant---Validity---Constitutional jurisdiction---Exercise of---Civil servant who was Principal of a Government College and was stated to be a paralytic and handicapped lady had challenged her transfer from one place of service to another directly filing Constitutional petition without first addressing departmental representation to Competent Authority and appeal to Service Tribunal---Grievance expressed by civil servant was redressable firstly in a departmental representation addressed to Competent Authority and in the event of failing in it, by an appeal to appropriate Service Tribunal subject to a further appeal to Supreme Court--­Equitable and sympathetic considerations apart, transfer of a civil servant was an essential part of terms and conditions of service and as such it was not susceptible to a judicial review in Constitutional jurisdiction of High Court for Art. 199 of the Constitution was subject to bar of jurisdiction expressed in Art.212 of Constitution---High Court cannot interfere with subject-matter preserved for adjudication by another forum set up under Constitutional mandate. Zafar Ullah Khan for Petitioner. ORDER Petitioner was a Principal of Government College for Women at Sialkot. On 5-4-1994, she was transferred and her services were placed at the disposal of Director, Public Instructions, Punjab, Lahore for a further adjustment against a vacant seat of her rank and grade. She was aggrieved of her transfer and invoked extraordinary jurisdiction of this Court for saving her from it. She was stated to be a paralytic and handicapped lady. On equitable grounds, she sought protective cover of this Court against excess of Executive Authority by the respondent-Government of Punjab. Consideration for sympathy apart, it was obvious that transfer of a civil servant was an essential part of terms and conditions of service. Therefore, Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 posed a serious bar for exercise of extraordinary jurisdiction under Article 199 of the Constitution by the High Court in a matter relating to breach of terms and…

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