Case Details

Citation(s)
2001 SLG 1989 2001 SLD 1989 2001 PLC 1084
Lahore High Court
Writ Petition No.829 of 2OOOl13WP, decision dated: 12-06-2000.
AMIR ALAM KHAN, J

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ABDUL HAMEED AKHTAR

VS

SECRETARY, SMALL INDUSTRIES, GOVERNMENT OF PUNJAB, LAHORE and 2 others

Law:

Section:

Civil Service--------Transfer of civil servant---Transfer was an incident of service and every employee, big or small, was obliged under the law to work wherever he was sent by his employer, be that it was a case of private employment or Government service---Transfer could only be made within the domain and administrative control of the employer or the Authority who in turn was vested with the power to transfer the employee---If employees of the "Vocational Training Centre" were performing their duties in the domain and under the control of "Punjab Small Industries Corporation" and the Centres were taken out of the domain and administrative control of Corporation and were placed ,under the domain and administrative control of newly created Authority namely "Technical Education and Vocational Training Authority (T.E.V.T.A.)" civil servant could not be transferred from one Authority to the other for the domain of the two Authorities were independent and exclusive of each other---Civil servant having been taken within the folds of Punjab Small Industries Corporation, could not be transferred to another Authority created and established under a different statute---Transfer of civil servant by said Corporation, to a centre under the administrative control of Technical and Vocational Training Authority, was absolutely without jurisdiction and without lawful authority. Ch. Muhammad Afzal Cheema for Petitioner. Saleem Nawaz Abbasi, A.A.-G. alongwith Akhtar Ali Qureshi, A.D. (Legal), PSIC for Respondents Nos. l and 2. M. Shamsher Iqbal Chughtai for Respondent No.3. Date of hearing: 11th May, 2000. JUDGMENT The parties are represented and their learned counsel have been heard, therefore, this case is being disposed of as Pacca case. 2. This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the legality of order, dated 19-2-2000 passed by the Regional Director of the Punjab Small Industries Corporation, Bahawalpur Region, Bahawalpur, whereby the petitioner was transferred from the post of Deputy Director (Tech.) (OPS), PSIC, Regional Office, Bahawalpur and was posted at Vocational Training Centre, Sadiqabad. 3. The…
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