2016 PLP (C (PLC(CS))
MUHAMMAD NAVEED Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Education, Peshawar and 3 others
| Citation | 2016 PLP (C (PLC(CS)) |
| Forum / Court | Peshawar High Court |
| Bench Members | Muhammad Younis Thaheem, J |
| Parties | MUHAMMAD NAVEED Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Education, Peshawar and 3 others |
| Primary Law | Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973) |
Q1: What are the key laws and sections cited in 2016 PLP (C (PLC(CS))?
This judgment primarily cites: Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP (C (PLC(CS))?
The case was heard and decided by the Peshawar High Court bench comprising: Muhammad Younis Thaheem, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP (C (PLC(CS)) (MUHAMMAD NAVEED Versus GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Education, Peshawar and 3 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Fida Bahadur for Petitioner.
- Date of hearing: 24th December, 2014.
Headnotes / Summary
S. 10
Constitution of Pakistan, Arts.199 & 212
Constitutional petition
Posting and transfer of an employee
Terms and conditions of service
Scope
Posting and transfer of a civil servant was a part of terms and conditions of service
Civil servant could be transferred during period of service anywhere which would fall under terms and conditions of service
Jurisdiction of High Court under Art.212 of the Constitution was explicitly barred
Present matter would come within the domain of Service Tribunal
Constitutional petition was dismissed in limine. Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others 1997 SCMR 169 rel. Respondents.
Judgment & Decree
MUHAMMAD YOUNIS THAHEEM, J.
Petitioner Muhammad Naveed seeks constitutional jurisdiction of this Court praying that:
"On acceptance of the instant writ petition, the impugned order passed by respondent No.2 upon the direction of Minister may graciously be set aside and struck down being, null and void ab initio, unlawful, result of mala fide and tapism, colourful authority, based on political interference and pressure and the original transfer order No.26745-49 dated 6-11-2012 may graciously be restored."
2. In essence, the grievance of the petitioner is that he was appointed as Laboratory attendant in BPS-(sic) on 27-5-1995 and promoted as Junior Clerk on 03-9-2013. That the petitioner was posted and performed his duties in Government Girls College, Haripur till 6-11-2014 and thereafter was transferred to Abbottabad on 12-11-2014; that after one month the said transfer of the petitioner was cancelled vide notification dated 29-11-2014 that the said transfer order has been assailed by the petitioner through the instant writ petition.
3. Arguments of learned counsel for the petitioner heard and records annexed with the writ petition was gone through.
4. Admittedly, the petitioner is a civil servant and has attacked the cancellation order dated 29-11-2014. Under Chapter II Civil Servant Act, 1973, posting and transfer is a part of terms and condition of service of an employee and section 10 of the Act provides that a civil servant can be transferred during period of service anywhere which squarely falls under the terms and condition of service, as such, comes within the domain of Service Tribunal and jurisdiction of this court under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 is explicitly barred. Reliance may be placed on case titled "Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others" (1997 SCMR 169), wherein it was held that the matters of posting and transfer relating to the terms and condition of a civil servant and disputes about such matters would fall within exclusive jurisdiction of appropriate Service Tribunal and jurisdiction of High Court is barred under Article 212(2) of the Constitution.
5. In view of the above, the instant writ petition being bereft of merits is dismissed in limine. ZC/359/P Petition dismissed.