Case Details

Citation(s)
1999 SLG 447 1999 SLD 447 1999 SCMR 2155
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 159 of 1997, decision dated: 6-07-1998. (On appeal from the judgment dated 23-1-1997 passed by Punjab Service Tribunal, Lahore in Appeal No. 408 of 1997)
IRSHAD HASAN KHAN AND CH. MUHAMMAD ARIF, JJ
Rao Munawar Khan, Advocate Supreme Court instructed by Syed Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nisar Arshad Kotla, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for
Respondents

MUHAMMAD NASIR KHAN, DIRECTOR PHYSICAL EDUCATION-

VS

SECRETARY OF EDUCATION, GOVERMENT OF THE PUNJAB and 3 others

Law:

Section:

(a) Punjab Service Tribunals Act (IX of 1974)--S. 4---Appeal before Service Tribunal---Limitation---Civil servant could not approach Service Tribunal for redress of his grievance in regard to matters pertaining , to his terms and conditions of service without allowing period of ninety days to expire as contemplated by proviso (a) to S. 4 of Punjab Service Tribunals Act, 1974. (b) Punjab Service Tribunals Act (IX of 1974)--- ----S. 4---Appeal before Service Tribunal---Making a representation to next Authority above the Authority, which made original order, was a condition precedent for vesting jurisdiction in the Service Tribunal to pass any order in terms of S. 4 of Punjab Service Tribunals Act, 1974. (c) Civil Servants Act (LXXI of 1973)--- ----S. 9---Transfer---Civil servant had no vested right to continue to hold a particular post at a particular place---Civil servant was liable to be transferred anywhere in exigencies of service. (d) Constitution of Pakistan (1973)--- ----Art. 212 (3)---Leave to appeal to Supreme Court---Dispute raised in petition for leave to appeal, related to an individual grievance and no question of law of public importance was involved to warrant interference under Art. 212 (3) of Constitution of Pakistan (1973)---Petition for leave to appeal was dismissed. JUDGMENT IRSHAD HASAN KHAN, J.---This petition for leave to appeal is directed against the order dated 23-1-1997 passed by the Punjab Service Tribunal, Lahore (hereinafter referred to as the Tribunal), in Service Appeal No.408 of 1997. 2. Petitioner Muhammad Nasir Khan is Director Physical Education, Government Commercial Training Institute, Samundari, District Faisalabad. On 15-12-1990, the Director, Technical Education, Punjab, Lahore, issued the following transfer orders:-- "DIRECTORATE OF TECHNICAL EDUCATION, PUNJAB, LAHORE NOTIFICATION: The following transfers are hereby ordered with immediate effect:- Sr. Name of the Officer Transferred to: No. present place of posting 1 . Mr. Muzaffar Iqbal, Govt. Commercial Director Physcial Edu: Training Government College of Institute, Commerce Multan. Samundari Vice Sr.No.2 Mr. Muhammad Nasir Khan Govt. College of Director Physical Ed:…
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