Law:

Section:

Punjab Civil Servants Act (VIII of 1974)--S. 9---Constitution of Pakistan (1973), Arts. 199, 185 & 212---Transfer of civil servants---High Court under its Constitutional jurisdiction under Art. 199 of the Constitution staying order of transfer of petitioners ---Validity--­Government had raised objection in High Court with regard to jurisdiction of High Court and also had contended that petitioners having not availed departmental remedy, resort to High Court was premature---Government had also raised plea that appointment of respondents to specified posts had been made by transfer and not by deputation---Question of jurisdiction being of paramount importance, High Court should have decided such question in the first instance---Record also indicated that stay order had been granted by High Court after about seven months of institution of Constitutional petition---Held, High Court should decide question of jurisdiction and since stay had been granted, proper course for High Court would be to dispose of main petition finally including question of jurisdiction, within two weeks from pronouncement of the order of Supreme Court. ORDER SAJJAD ALI SHAH, C.J.---By this petition, leave is being sought to file appeal against order dated 7-5-1995 passed by the High Court in Writ Petition No.12481 of 1994, whereby operation of orders dated 3-1-1994 and 10-1-1994 is suspended during the pendency of the writ petition. 2. Respondents 3 and 4 herein, namely, Muhammad Zia-ul-Haq and Zaheer-ud-Din, who are Executive Engineer and senior-most Assistant Engineer respectively in the Punjab Local Government and Rural Development Department, challenged orders dated 3-1-1994 and 10-1-1994 in the writ petition mentioned above in the High Court, whereby petitioners herein, namely, Amjad Raza Khan and Rai Muhammad Umer have been transferred and posted as Executive Engineers in Local Government and Rural Development Department. This writ petition was filed on 3-10-1994 and vide impugned order dated 7-5-1994 the said writ petition is admitted to regular hearing and operation of the orders impugned therein, as mentioned above, is suspended. 3. It is contended on behalf of the petitioners…

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