1997 PLP (C (PLC(CS))
AYYAZ ANJUM Versus GOVERNMENT OF PUNJAB, HOUSING AND PHYSICIAL PLANNING DEPARTMENT through Secretary and others
| Citation | 1997 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Fazal Karim and Muhammad Ilyas, JJ |
| Parties | AYYAZ ANJUM Versus GOVERNMENT OF PUNJAB, HOUSING AND PHYSICIAL PLANNING DEPARTMENT through Secretary and others |
Q1: What are the key laws and sections cited in 1997 PLP (C (PLC(CS))?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Fazal Karim and Muhammad Ilyas, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP (C (PLC(CS)) (AYYAZ ANJUM Versus GOVERNMENT OF PUNJAB, HOUSING AND PHYSICIAL PLANNING DEPARTMENT through Secretary and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sheikh Zia Ullah; Senior Advocate Supreme Court and S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioner.
- Shaukat Ali Mehr, Senior Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record for Respondents.
- Date of hearing: 24th April, 1996.
Headnotes / Summary
(From the judgment/order ‑of Lahore High Court, dated 13‑3‑1996 in Writ Petition No. 3617 of 1996). Punjab Civil Servants Act (VIII of 1974)‑‑‑ ‑‑‑‑S. 9‑‑‑Constitution of Pakistan (1973), Arts. 199,212 & 185‑‑‑Civil servant‑‑‑Transfer‑‑‑High Court suspended order of transfer while admitting Constitutional petition of civil servant‑‑‑Validity‑‑‑Matter relating to posting and transfer of civil servant related to terms and conditions of his service‑‑‑Disputes about such matters would fall within exclusive jurisdiction of appropriate Service Tribunal‑‑‑Jurisdiction of High Court was barred in such matters by Art. 212(2) of the Constitution‑‑‑Petition for leave to appeal was converted into appeal and impugned order of High Court was set aside‑‑‑High Court was required to first determine question of its jurisdiction before making any stay order in such matter.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑‑The petitioner and Muhammad Younis Chohan, respondent No. 3, are serving in the Public Health Engineering Department. There have been a number of orders relating to their inter se transfers. Both accused the other of invoking political influence in getting posting of his own choice at the cost of the other. Respondent No. 3 filed a Constitutional petition in the High Court to call in question the legality of the order dated 13‑3‑1996 which was the latest in the series. The High Court called for the record from the department and in the meanwhile suspended the impugned order. The petitioner seeks leave to appeal from this Court.
2. Clearly, the matters relating to the posting and transfer of a civil servant relate to the terms and conditions of his service. Disputes about these matters fall within the exclusive jurisdiction of the appropriate Service Tribunal. The jurisdiction of High Court is barred in these matters by the express provisions of Article 212(2) of the Constitution. We are therefore unable to support the interim order made by it in this case. Accordingly, we convert this petition into appeal and set aside the said order. The High Court should first determine the question of its jurisdiction before making any interim order in this case. This appeal is disposed of accordingly. A.A./A‑1424/S Case remanded.