Law:

Section:

Civil service--Terms and conditions of service---Constitutional petition under Art. 199 of the Constitution of Pakistan relating to terms and conditions of civil servant--­Maintainability---High Court could not entertain petition relating to terms and conditions of civil servant, even on grounds of mala fides. ORDER IRSHAD HASAN KHAN, J.---This petition for leave to appeal under Article 185 of the Constitution of the Islamic Republic of Pakistan, 1973 is directed against the order dated 23-9-1997 passed by a learned Single Judge of the Lahore High Court, in Writ Petition No.21263 of 1997 whereby inter se transfer between Sarfraz Ahmad Hiraj petitioner herein and Zia-ul-Latif respondent No.3 herein, was stayed. 2. During the pendency of this petition, the petitioner has been transferred by the Competent Authority vide Office Order No. GMCM/DCMP/09951(2)/17168-98, dated 19-9-1997 from the post of XEN Shahdara (AEB Lahore) to Deputy Director Construction (AEB) Faisalabad). The Order of the High Court was suspended in Chambers on 3-10-1997 inasmuch as it is well-settled that the High Court cannot entertain a petition relating to terms and conditions of a civil servant, even on grounds of mala fide Mian Fazle Mamood, Senior Advocate appearing on behalf of the petitioner, has vehemently submitted that the transfer order dated 23-6-1998 was passed by the Director Career Manager (Power)…

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