2011 PLP (C (PLC(CS))
Syed MAZHAR HAIDER KAZMI Versus SECRETARY AGRICULTURE, GOVERNMENT OF PUNJAB, LAHORE
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Ch. Ijaz Ahmed and Muhammad Sair Ali, JJ |
| Parties | Syed MAZHAR HAIDER KAZMI Versus SECRETARY AGRICULTURE, GOVERNMENT OF PUNJAB, LAHORE |
| Primary Law | Punjab Civil Servants Act (VIII of 1974) |
Q1: What are the key laws and sections cited in 2011 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Civil Servants Act (VIII of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2011 PLP (C (PLC(CS))?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Ch. Ijaz Ahmed and Muhammad Sair Ali, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP (C (PLC(CS)) (Syed MAZHAR HAIDER KAZMI Versus SECRETARY AGRICULTURE, GOVERNMENT OF PUNJAB, LAHORE). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Hanif Niazi, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner.
- Faisal Zaman Khan, Additional Advocate-General, Punjab for Respondent.
Headnotes / Summary
(Against the judgment- dated 1-9-2009 passed by the Punjab Service Tribunal, Lahore in Appeal No.1692 of 2009).
Ss. 9 & 21(2)
Punjab Service Tribunals Act (IX of 1974), S.4
Constitution of Pakistan, Art.212(3)
Petitioner who was transferred from one place of service to another, having been re-transferred to his original place of service only after two months and 24 days, filed appeal before Service Tribunal, which was dismissed
Petitioner had contended that re-transferring order remained original order in terms of S.21(2) of Punjab Service Tribunals Act, 1974 and as no appeal had been provided against said original order, Service Tribunal was not justified to dismiss his appeal on that ground alone
Held, it was condition precedent that civil servant had to file departmental appeal/representation before the Departmental Authority; and thereafter availing 90 days, appeal was to be filed before the Service Tribunal within one month
Impugned order, in circumstances was in consonance with the mandatory provisions of law
Petition was dismissed, in circumstances. Mufti Mushtaq Ahmed's case PLD 1981 SC 172 and Gulbat Khan's case 1992 PSC 1071 rel.
Judgment & Decree
CH. IJAZ AHMED, J.
Necessary facts out of which the present petition arises are that petitioner was transferred from R.Y. Khan to Multan by the respondent vide order dated 23-5-2009 and subsequently re-transferred after two months and 24 days from Multan to R.Y. Khan vide order dated 7-8-2009. Petitioner being aggrieved filed Appeal No.1692 of 2009 before the Punjab Service Tribunal which was dismissed.
2. Learned counsel for the petitioner submits that transfer order dated 7-8-2009 is original order which remained as original order in terms of section 21(2) of the Punjab Service Tribunals Act, 1974. He further submits that there is no appeal provided against the original order of the transfer under the Act, therefore, Service Tribunal was not justified to dismiss the appeal on this ground alone.
3. Be that as it may, it is proper and appropriate to reproduce section 4 of the Punjab Service Tribunal Act, 1974 and section 21(2) of the Punjab Civil Servants Act, 1974 to the following effect:-- Section 4 of Punjab Service Tribunal Act, 1974 "
4. Appeal to Tribunals.-- (1) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communicating of such order to him or within six months of the establishment of the appropriate Tribunal, whichever is later prefer an appeal to the Tribunal. Section 21(2) of the Punjab Civil Servants Act, 1974 "21(2) Where no provision for appeal or review exists in the rules in respect of any order, a civil servant aggrieved by any such order is made by the Governor, within sixty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order. Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post.
4. Mere reading the aforesaid provision of law, it is crystal clear that it is conditional precedent that civil servant has to file departmental appeal/representation before the departmental authority and thereafter after awaiting 90 days, appeal is to be filed before the Service Tribunal within one month. The impugned judgment is in consonance with the mandatory provisions of law as law laid down by this Court in Mufti Mushtaq Ahmed's case PLD 1981 SC 172 and Gulbat Khan's case 1992 PSC 1071.
5. For what has been discussed above, the petition has no merit and the same is dismissed. Leave refused. H.B.T./M-137/SC Leave refused.