1992 PLP (C (PLC(CS))
MUBASHAR NAZAR Versus CENTRAL BOARD OF REVENUE, ISLAMABAD and another
| Citation | 1992 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Falak Sher, J |
| Parties | MUBASHAR NAZAR Versus CENTRAL BOARD OF REVENUE, ISLAMABAD and another |
Q1: What are the key laws and sections cited in 1992 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1992 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Falak Sher, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP (C (PLC(CS)) (MUBASHAR NAZAR Versus CENTRAL BOARD OF REVENUE, ISLAMABAD and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Mushatq Masood for Petitioner.
- Mansoor Ali mad, Standing Counsel for Respondents.
Judgment & Decree
Further the expression "specifically" appearing in the first proviso being pressed into service as the sheet anchor of the arguments stands dissipated by the very terms of recruitment i.e. clause 6 of the appointment letter expressly enshrines the condition requiring the petitioners to serve anywhere in Pakistan which was duly accepted and acted upon thus presently can't be allowed to reprobate the same by means of this adventurous course.
R. 15
Civil Servants Act (LXXI of 1973), S. 10
Posting and transfer of Civil servant
Provision of R. 15, Civil Servants (Appointment, Promotion and Transfer) Rules, 1973, which envisages appointments of local domiciliaries to the posts of Grades 3 to 15, being a subordinate legislation cannot travel beyond Civil Servants Act, 1973, and does not cater for fetters regarding posting and transfer of civil servants. (c) Civil service
'Posting and transfer by Authority
Authority being at apex of department hierarchy, inherently enjoys inter-departmental coordinating function like establishment division of Federal Government for despatching of civil servants between latter and Provincial Governments or statutory bodies set up by them. (d) Constitution of Pakistan (1973)
Art. 212
Posting and transfer being a necessary term and condition of service of a civil servant, could be grudged against before Service Tribunal within contemplation of Art. 212 of the Constitution
High Court, thus, had no jurisdiction in such mater. Ch. Mushatq Masood for Petitioner. Mansoor Ali mad, Standing Counsel for Respondents. Date of hearing: 29th February, 1992