Case Details

Citation(s)
2002 SLG 1748 2002 SLD 1748 2002 PLC 338
Supreme Court (AJ&K)
Civil Appeal No. 190 of 1998, decision dated: 11-03-1999. (On appeal from the order of the Service Tribunal dated 3-11-1998 in Service Appeal No. 185 of 1998).
SARDAR SAID MUHAMMAD KHAN, C.J. AND BASHARAT AHMAD SHAIKH, J

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Ms. TAHIRUNNISSA

VS

Ms. IMRANA RAFEE and 5 others

Law:

Section:

Azad Jammu and Kashmir Civil Servants Act, 1976-------S. 9---Azad Jammu and Kashmir Service Tribunal Act (XXII of 1975), S.4---Posting in higher grade---Transfer to lower grade---Status quo, grant of---Appellant serving as "Assistant Professor" at place "B" was transferred at place "M" while the respondent serving as lecturer at place "M" was transferred to place "B" where appellant was serving---Transfer of respondent serving in lower post as Lecturer in higher post of appellant was in violation of law---Transfer order should not have the effect of varying the terms and conditions of a civil servant---Service Tribunal on application of appellant granted interim stay order, but later on the stay order was cancelled---Supreme Court restored the interim order till disposal of appeal before Service Tribunal. Mubasherul Haque v. Azad Government of the State of Jammu and Kashmir and 2 others PLD 1990 SC (AJ&K) 66; Muhammad Rashid Choudhry v. Chairman, AKLASC and others 1993 PLC (C.S.) 1201; Doctor Khawaja Mushtaq Ahmad v. Azad Government and others 1995 PLC (C.S.) 410; Muhammad Yaqoob Khan v. Secretary Forest/Tourism, AJK and another 1999 MLD 1862; Syed Imran Raza Zaidi, Superintending Engineer, Public Health Engineering Circle-1, Gujranwala v. Government of Punjab through Services, General Administration and Information Department, Punjab Secretariat, Lahore and 2 others 1996 SCMR 645 and Mirajud Din v. Director, Health Service, Lahore Region and others 1969 SCMR 4 ref. Abdul Rashid Abbasi, Advocate for Appellant. Kh. Shahad Ahmad, Advocate for Respondent No .1 Respondents Nos.2 to 6: Ex parte. Date of hearing: 3rd March, 1999. JUDGMENT BASHARAT AHMAD SHAIKH, J.---Appellant Ms. Tahir-un-Nisa is an Assistant Professor in Education Department. On 9th September, 1998 she was transferred to Girls Degree College Bagh as Lecturer in English. Respondent Ms. Imrana Rafee, who was then posted at Girls Degree College Bagh was transferred as Lecturer in English in place of the appellant. Ms. Tahir-un-Nisa challenged her transfer order by filing appeal before the Service Tribunal which is pending disposal. 2. The appellant also moved an application for interim relief. The…
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