2006 PLP (C (PLC(CS))
Messrs BILQEES AKHTAR, NURSING INSTRUCTOR Versus GOVERNMENT OF PUNJAB through Secretary, Health Department and 4 others
| Citation | 2006 PLP (C (PLC(CS)) |
| Forum / Court | Lahore |
| Bench Members | Maulvi Anwarul Haq, J |
| Parties | Messrs BILQEES AKHTAR, NURSING INSTRUCTOR Versus GOVERNMENT OF PUNJAB through Secretary, Health Department and 4 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2006 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore bench comprising: Maulvi Anwarul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP (C (PLC(CS)) (Messrs BILQEES AKHTAR, NURSING INSTRUCTOR Versus GOVERNMENT OF PUNJAB through Secretary, Health Department and 4 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ghias ul Haq Sheikh for Petitioner.
Headnotes / Summary
Arts. 199 & 212(3)
Constitutional petition
Petitioner, who was a civil servant, felt aggrieved of her transfer contending that impugned transfer order was violative of transfer policy in force as also directives of Supreme Court in the case reported as PLD 1995 SC 530
Under provisions of Art.212(3) of the Constitution, matter was not cognizable by the High Court
Constitutional petition, however was disposed of by the High Court with direction that petitioner ought to immediately file departmental appeal before competent Authority
In case such appeal was filed, same would be decided strictly in accordance with applicable rules and transfer policy and more particularly in the light of directives of Supreme Court. Zahid Akhtar's case PLD 1995 SC 530 ref.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
The petitioner, admittedly a civil servant, feels aggrieved of her transfer order, dated 16-1-2006 (Annex.B). Learned counsel contends that the impugned order is violative of transfer policy in force as also the directives of the Hon'ble Supreme Court of Pakistan contained in Zahid Akhtar's case (PLD 1995 SC 530).
2. In view of provisions of Article 212(3) of the Constitution, this matter is not cognizable here. However, writ petition is disposed of with the direction that the petitioner to immediately file departmental appeal before the competent authority. In case such an appeal is tiled, the same A shall be decided strictly in accordance with applicable rules and the transfer policy and more particularly the directives contained in well-known Zahid Akhtar's case (PLD 1995 SC 530). The competent authority shall also look into the matter as to how the Additional Secretary has overruled the departmental head i.e. Secretary who had refused to withdraw the earlier transfer order of the private respondent and till the pending decision of the appeal the said directives of the apex Court shall not be violated. H.B.T./B-20/L Order accordingly.