| Citation(s) |
|---|
| 1991 SLG 348 1991 SLD 348 1991 PLC 765 |
Lahore High Court
C.M. No. 4045 of 1990 and Writ Petition No. 6413 of 1990, decision dated: 12-09-1990.
IHSAN-UL-HAQ CHAUDHRY, J
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C.M. No. 4045 of 1990 and Writ Petition No. 6413 of 1990, decision dated: 12-09-1990.
IHSAN-UL-HAQ CHAUDHRY, J
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Syed MUHAMMAD RAMZAN
VS
SECRETARY, HEALTH
Law:
Section:
Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Punjab Civil Servants Act (VIII of 1974), Ss. 4 & 8--Constitutional jurisdiction, exercise of---Legality---Petitioner being a civil servant, his grievance as to change of his card and terms and conditions, could only be made by him before Service Tribunal as the jurisdiction of all Courts including High Court was barred under Art. 212 of Constitution of Pakistan (1973)--Petitioner having failed to make out a case for interference in Constitutional jurisdiction of High Court as there was no violation of Law and Rules, Constitutional petition against orders of Authority was dismissed. Syed Sajjad Raza Jafri for Petitioner. C.M.No. 4045 of 1990 . This is an application for placing additional documents on record as Annexures `J' and `J/1'. The same is disposed of as allowed. ORDER The petitioner in this Constitutional petition has prayed for declaration that orders dated 4-9-1990 and 23-8-1990 arc illegal, void ab initio, without lawful authority and of no legal effect. 2. The relevant facts leading to the filing of this Constitutional petition are that the petitioner joined Health Department as Junior Clerk. His appointment was made through office order (Annexure `A'). The petitioner thereafter was promoted as Steno-typist vide order dated 30-1-1982. Thereafter he was posted as Accounts Assistant vide order dated 18-5-1989. The grievance of the petitioner is that respondent No. 1 through impugned order dated 4..9-1990 has directed petitioner's transfer as Stenographer and instead posted respondent No. 3 as Accounts Assistant. The learned counsel for the petitioner in support of the petition argued that the order is illegal and without jurisdiction because through the impugned order the cadre of the petitioner has been changed and that respondent No. 3 was earlier transferred on complaint, there existed no justification to introduce him once again. 3. I have given my anxious consideration to the arguments of the learned counsel for the…
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