Law:

Section:

Constitution of Pakistan (1973)-------Arts. 199, 175(2) & 212---Constitutional petition---Transfer and posting of petitioner (Medical Officer) in pursuance of order passed on respondent's application by District and Sessions Judge as Chairman, Human Rights-Validity-Courts would assume and exercise jurisdiction as conferred on them by Constitution or by or under any law---Matter in dispute related to terms and conditions of service of contesting parties---District and Sessions Judge had no jurisdiction to interfere. in such matter---Impugned order was without lawful authority and of no legal effect---Respondent might agitate such matter before departmental authority/proper forum---Time consumed in litigation would not stand in the way of proper forum in considering such matter strictly on merits---High Court dismissed constitutional petition in circumstances. Judicial Review of Public Actions Vo. I, by Justice (R) Fazal Karim and Sindh Employees Social Security Institution v. Dr. Mumtaz Ali Taj and another PLD 1975 SC 450 rel. Zafar Iqbal Chohaa for Petitioner. Rizwan Mushtaq, Asstt. A.-G. Punjab with Dr. Muhammad Mushtaq Anwar-ul-Hassan Khan Niazi, S.M.O./Litigation Officer, Office of the E.D.O. (Health) Bhakkar and Malik Muhammad Anwar, Assistant, Health Department, Punjab, Lahore. Mobeen-ud-Din Qazi for Respondent No.4. Date of hearing: 5th September, 2007. JUDGMENT SPED ZAHID HUSSAIN, J.--- The two ladies belonging to the noble profession of medicine have invoked the jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 through two separate petitions. Writ Petition No.5846 of 2007 is by Dr. Farrah Atta, who was appointed as a Woman Medical Officer on contract basis at Rural Health Centre, Darya Khan, Bhakkar vide letter dated 11-6-2003. The salient feature of this offer of appointment was that it was non-transferable and she had to undergo an essential training program as. prescribed by the Department. She was recommended for such a training and proceeded tQ King Edward Medical College University, Lahore, as is evident from letters dated 2-6-2006 and 19-6-2006. She was required to submit a surety bond…

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