1994 PLP (C (PLC(CS))
MUHAMMAD YASEEN Versus PROVINCE OF PUNJAB through Secretary to Government of the Punjab, Irrigation and Power Department, Lahore and another
| Citation | 1994 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Raja Afrasiab Khan and Mian Saeed‑ur‑Rehman Farrukh, JJ |
| Parties | MUHAMMAD YASEEN Versus PROVINCE OF PUNJAB through Secretary to Government of the Punjab, Irrigation and Power Department, Lahore and another |
| Primary Law | Civil service‑‑‑ |
Q1: What are the key laws and sections cited in 1994 PLP (C (PLC(CS))?
This judgment primarily cites: Civil service‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Raja Afrasiab Khan and Mian Saeed‑ur‑Rehman Farrukh, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 PLP (C (PLC(CS)) (MUHAMMAD YASEEN Versus PROVINCE OF PUNJAB through Secretary to Government of the Punjab, Irrigation and Power Department, Lahore and another). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Shahzad Shaukat for Appellant.
- Tasaddaq Hussain Jillani, A.‑G. for Respondents.
Headnotes / Summary
‑‑‑‑Transfer‑‑‑Transfer from one station to another was challenged by employee contending that care‑taker Government was not at all competent to pass transfer order and that transfer of civil servants was not a day‑to‑day function to be performed by such Government‑‑‑Contention was repelled as transfer order was competently passed by Government in performance of its day‑to‑day function with an object to conduct elections fairly, justly and impartially‑‑‑No bad faith or mala fides could be attributed to Government in such circumstances especially when Government was fully competent to transfer civil servants to perform their duties anywhere throughout Pakistan in accordance with provisions of Civil Servants Act, 1974 and transfer of civil servants was included in terms and conditions of their service‑‑‑Employee would have an adequate remedy open to him to file appeal before Service Tribunal under Civil Servants Act, 1974 against order of his transfer and he (Raja Afrasiab Khan, J) had no right to invoke Constitutional provision for redress of his grievance because there was a complete bar under Art. 212, Constitution of Pakistan to entertain Constitutional petition under its Art. 199 of the Constitution of Pakistan.
Judgment & Decree
RAJA AFRASIAB KHAN, J: ‑‑Writ Petition No. 10121 of 1993 was instituted by Muhammad Yaseen and 13 others before this Court against the impugned order dated 19‑8‑1993 vide Annexure `A' whereby the writ petitioners were ordered to be transferred to some other places from their present stations. The learned Single Judge dismissed the Constitutional petition of the petitioners by passing a detailed judgment on 25‑8‑1993 holding that their remedy before this Court was barred under Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973. The appellant‑ Muhammad Yaseen alone has assailed the validity of the aforesaid judgment by filing this Intra‑Court Appeal before this Bench. It is argued that care‑taker Government was not at all competent to pass the transfer order and that the transfer of civil servants was not a day‑to‑day function to be performed by the said Government within the meaning of law. No other argument was addressed by the learned counsel. The argument is devoid of force. We hold the firm view that the impugned transfer order was passed by the Government competently in the performance of its day‑to‑day functions. It may be noted that the said orders have been passed by the Government with an object to conduct the forthcoming elections fairly, justly and impartially. The civil servants have, therefore, been transferred to ensure free and fair elections. This being so, the efforts on the part of care‑taker Government to hold unfettered elections in the country are, indeed, laudable. It is also evident that no bad faith or mala fide could be attributed to the respondent Government in the given circumstances. The Government is fully competent to transfer civil servants like the petitioners to perform their duties anywhere throughout Pakistan in accordance with the provisions of Civil Servants Act, 1974. The transfer of civil servants is undoubtedly included in terms and conditions of the service. The effected civil servants would have also an adequate remedy open to them to file an appeal before the Service Tribunal under the Civil Servants Act, 1974 against the order of their transfer. They, therefore, have absolutely no right to invoke the Constitutional provisions for the redress of their grievance because there was a complete bar to entertain such like petitions under Article 212 of the Constitution. With this observation, there is no substance in this appeal, which is hereby dismissed in limine. H.B.T./M‑1186/L Appeal dismissed.