Law:

Section:

Punjab Education Department School Education Recruitment Rules, 1987-- ---Schedule---Punjab Civil Servants Act (IX of 1974), S. 9---Transfer of a civil servant is part of terms and conditions of service and is also usual incidence of service---Competent Authority stated that she had passed the order of transfer in compliance with the order of Minister and had not applied her mind on the basis of administrative necessity---Minister in the Government who was neither the Competent Authority nor the Supervisory Authority; had no power to issue directions for transfer of a civil servant---Order of transfer passed in compliance with the direction of the said Minister was thus declared to have been passed without any lawful authority. Prof. Dr. Syed Adil Hussain v. University of Karachi and others 1989 PLC (C.S.) 527; Muhammad Gul Kakar v. Province of Balochistan 1986 P L C (C.S.) 560; Bashir Ahmed v. D.C., Sialkot and others 1985 P L C (C.S.) 1067; Mazhar Hussain v. Province of Punjab P L D 1985 Lah. 394; Muhammad Sadiq v. Director; Agriculture Economics and Marketing, Punjab, Lahore and 2 others 1981 P L C (C.S.) 432; Islamuddin v. Deputy Director of Education 1981 P L C (C.S.) 843; Abdul Karim Khan, Chairman, Road Transport Board N.-W.F.P. v. Jamshed Begum 1976 P L C 314; Chief Settlement Commissioner, Lahore v. Raja Muhammad Fazil Khan and others P L D 1975 S C 331 and Mazhar Hussain Khan and others v. Government of West Pakistan and 5 others 1983 SCMR40ref. JUDGMENT MIAN ALLAH NAWAZ, J.--This I.CA. is preferred by Shaghufta Bibi against the order of the learned Single Judge of the High Court dated 2-7-1989 whereby the Constitutional Petition No. 1016 of 1989 against the order of transfer passed by District Education Officer, Sahiwal dated 3-6-1989, was dismissed. 2. The controlling facts of this appeal are not in dispute. The uncontested facts are; that Mst. Shaghufta Bibi herein appellant was appointed as P.T.C. lady teacher in Scale No. BPS-7 vide order dated 18-10-1987. She was appointed in Government Girls Primary School Arazi Shahmand near Harrapa. Alongwith four other teachers she was transferred by Deputy Education Officer (Women) Tehsil and District…

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