Law:

Section:

(a) Constitution of Pakistan (1973)-------Arts. 199 & 212---Constitutional petition---Civil service---Transfer and posting of civil servant---Jurisdiction of High Court---Scope---Matters of transfer and posting of a civil servant are relatable to the terms and conditions of service---Such matters fall within the exclusive jurisdiction of Service Tribunal which is Competent Authority to consider the same if issued without lawful authority and is coram non judice---Constitutional jurisdiction of High Court is ousted by virtue of Art.212 of the Constitution notwithstanding the fact that the transfer order is based on mala fides. coram non judice or issued without lawful authority. Islamic Rep of Pakistan v. Dr. Safdar Mahmood PLD 1983 SC 100; Mst. Shagufta Yunas v. Director of Education 1992 PLC (C.S.) 906; Dr. Alif Arif v. Secretary, Health, Government of Punjab and another PLD 1993 Lah. 286; Syed Afzal Ahmad Haidri v. Secretary, Defence Production Division, Ministry of Defence, Rawalpindi and 3 others 1991 SCMR 477; Miss Rukhsana Ijaz v. Secretary Education, Punjab and others 1997 SCMR 167; Rafique Ahmad Chaudhry v. Ahmad Nawaz Malik and others 1997 SCMR 170; Rashid Ahmad v. Mst. Jiwan and 5 others 1997 SCMR 171 and Syed Mazhar Hussain Bukhari v. Secretary, Government of Pubjab, Local Government and Rural Development Department, Lahore and others 1998 SCMR 1948 ref. (b) Constitution of Pakistan (1973)--- ----Arts. 199 & 212---Constitutional petition---Civil service---Transfer and posting of civil servant---Grievance of the civil servant was that he had been transferred twice in three months---Validity---Transfer order and posting orders were relatable to terms and conditions of service and could be challenged before Service Tribunal---High Court took note of the fact that counsel being fully aware of the view of Supreme Court regarding service matters, still kept overburdening the High Court with such frivolous petitions against all professional norms---Petition was dismissed in limine. Muhammad Nasir Mahfuz for Petitioner. ORDER KHALIDA RACHID, J.---Through this petition under Article 199 of the Constitution, Wilayat Ali, Office Assistant, serving in…

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