Case Details

Citation(s)
1999 SLG 878 1999 SLD 878 1999 PLC 312
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 159 of 1997, decision dated: 6th July 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

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MUHAMMAD NASIR KHAN

VS

SECRETARY OF EDUCATION, GOVERNMENT OF PUNJAB LAHORE 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.- 2-12(3) of Constitution of Pakistan (1973)---Petition for leave to appeal was dismissed. Rao Munawwar 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. Date of hearing: 6th July, 1998. 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. No. Name of the Officer…
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