| Citation(s) |
|---|
| 1998 SLG 1342 1998 SLD 1342 1998 SCMR 557 |
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.458-L of 1995, decision dated: 30-04-1995
SALEEM AKHTAR, ZIA MAHMOOD MIRZA AND MAMOON KAZI, JJ
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Civil Petition for Leave to Appeal No.458-L of 1995, decision dated: 30-04-1995
SALEEM AKHTAR, ZIA MAHMOOD MIRZA AND MAMOON KAZI, JJ
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SECRETARY, EDUCATION DEPARTMENT and others
VS
Mst. NASIM AKHTAR and others
Law:
Section:
Punjab Civil Servants Act (VIII of 1974)--S. 9---Constitution of Pakistan (1973), Art. 212(3)---Transfer of civil servant---Service Tribunal setting aside order of transfer---Validity---No reasons for placing civil servant's services at the disposal of Director of Education for further posting had been assigned---Civil servants were generally permitted to complete their normal tenure in case of transfer from one place to another-Civil servant had earlier been posted as District Education Officer vide order dated 29-7-1993, therefore, uprooting of civil servant from such post vide order dated 10-8-1994, was deviation from such normal procedure for which even reasons were not assigned---Order of transfer, thus, smacked of arbitrariness---Service Tribunal had acted justly and properly under circumstances of case, warranting no interference---Leave to appeal was refused in circumstances. Yawar Ali Khan, Additional Advocate-General (Punjab) and Rao Muhammad Yusuf Khan, Advocate-on-Record for Petitioners. Respondents in person. Date of hearing: 30th April, 1995. JUDGMENT MAMOON KAZI, J.---The respondent was appointed Senior English Teacher in Education Department on 29-9-1962 and was subsequently promoted as a Headmistress and a Senior Headmistress. On 16-8-1993, the respondent was appointed as District Education Officer and posted at Sargodha which was her home town. However, subsequently, on 10-8-1994, the respondent's services were placed by competent authority at the disposal of Director Education (SE), Sargodha, petitioner No.4 in this petition. The said order was challenged by the petitioner in Writ Petition No.10049 of 1994 before the Lahore High Court, at Lahore and the petition was disposed of with remarks that the respondent would make a representation before petitioner No.1. Thereafter, the respondent's services remained at the disposal of petitioner No.4 from 16-8-1994 to 30-11-1994, but subsequently the respondent was posted as Principal, Government Girls Higher Secondary School, Chak No.107/NB, vide order dated 1-12-1994, which was pursuant to order passed by petitioner No.1 dated 8-12-1994. The representation made by the respondent to the said…
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