1999SCMR2828 (PLP)
SARFRAZ AHMAD HIRAJA — Petitioner Versus WATER AND POWER DEVELOPMENT AUTHORITY and others — Respondents
| Citation | 1999SCMR2828 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Irshad Hasan Khan and Ch. Muhammad Arif, JJ |
| Parties | SARFRAZ AHMAD HIRAJA — Petitioner Versus WATER AND POWER DEVELOPMENT AUTHORITY and others — Respondents |
| Primary Law | Civil service |
Q1: What are the key laws and sections cited in 1999SCMR2828 (PLP)?
This judgment primarily cites: Civil service as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999SCMR2828 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Irshad Hasan Khan and Ch. Muhammad Arif, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999SCMR2828 (PLP) (SARFRAZ AHMAD HIRAJA — Petitioner Versus WATER AND POWER DEVELOPMENT AUTHORITY and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Fazl-i-Mahmood, Senior . Advocate Supreme Court with Mahmood A. Qureshi, Advocate-on-Record for Petitioner.
- Walayat Umar Ch., Advocate-on-Record for Respondents
- Date of hearing: 8th July, 1998.
- 2. During the pendency of this petition, the petitioner has been transferred by the Competent Authority vide Office Order No. GMCM/DCMP/09951(2)/17168-98, dated 19-9-1997 from the post of XEN Shahdara (AEB Lahore) to Deputy Director Construction (AEB) Faisalabad). The Order of the High Court was suspended in Chambers on 3-10-1997 inasmuch as it is well-settled that the High Court cannot entertain a petition relating to terms and conditions of a civil servant, even on grounds of mala fide Mian Fazle Mamood, Senior Advocate appearing on behalf of the petitioner, has vehemently submitted that the transfer order dated 23-6-1998 was passed by the Director Career Manager (Power) WAPDA House, Lahore with a view to frustrate the order dated 3-10-1997 passed by this Court.
Headnotes / Summary
(On appeal from the order dated 23-9-1997 passed by the Lahore High Court, Lahore in Writ Petition No.21263 of 1997).
Terms and conditions of service
Constitutional petition under Art. 199 of the Constitution of Pakistan relating to terms and conditions of civil servant-- Maintainability
High Court could not entertain petition relating to terms and conditions of civil servant, even on grounds of mala fides.
Judgment & Decree
IRSHAD HASAN KHAN, J.
This petition for leave to appeal under Article 185 of the Constitution of the Islamic Republic of Pakistan, 1973 is directed against the order dated 23-9-1997 passed by a learned Single Judge of the Lahore High Court, in Writ Petition No.21263 of 1997 whereby inter se transfer between Sarfraz Ahmad Hiraj petitioner herein and Zia-ul-Latif respondent No.3 herein, was stayed.
2. During the pendency of this petition, the petitioner has been transferred by the Competent Authority vide Office Order No. GMCM/DCMP/09951(2)/17168-98, dated 19-9-1997 from the post of XEN Shahdara (AEB Lahore) to Deputy Director Construction (AEB) Faisalabad). The Order of the High Court was suspended in Chambers on 3-10-1997 inasmuch as it is well-settled that the High Court cannot entertain a petition relating to terms and conditions of a civil servant, even on grounds of mala fide Mian Fazle Mamood, Senior Advocate appearing on behalf of the petitioner, has vehemently submitted that the transfer order dated 23-6-1998 was passed by the Director Career Manager (Power) WAPDA House, Lahore with a view to frustrate the order dated 3-10-1997 passed by this Court.
3. We have perused the order dated 23-6-1998 referred above and find that the transfer/posting of the petitioner alongwith other Senior Engineers (Power Wing) was made in exigency of service and not with a view to frustrate the order passed by this Court as has vehemently been contended by the learned counsel for the petitioner.
4. Be that as it may, if the petitioner is aggrieved by the order dated 23-6-1998 transferring him from Sheikhupura Division to Faisalabad Division, he may approach the appropriate Service Tribunal for redress of his grievance, of course after exhausting departmental remedies.
5. Needless to observe that if the petitioner approaches the Tribunal by way of appeal, the same shall be disposed of by the Tribunal on merits and in accordance with law without being influenced by any observations made in this order. Civil Petition No. 1226-L of 1997 is disposed of.
6. In view of the order passed in Civil Petition No. 1226-L of 1997, no order is called for in Criminal Original No.4 of 1998, which is disposed of accordingly. H. B. T./S-110/S Order accordingly.