2000 PLP (C (PLC(CS))
AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN and 3 others Versus SENIOR CIVIL JUDGE, OKARA, DISTRICT OKARA and 2 others
| Citation | 2000 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ghulam Mahmood Qureshi, J. |
| Parties | AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN and 3 others Versus SENIOR CIVIL JUDGE, OKARA, DISTRICT OKARA and 2 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2000 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 2000 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ghulam Mahmood Qureshi, J..
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP (C (PLC(CS)) (AGRICULTURAL DEVELOPMENT BANK OF PAKISTAN and 3 others Versus SENIOR CIVIL JUDGE, OKARA, DISTRICT OKARA and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Umar Alvi for Petitioners.
- Syed Manzoor Hussain Gillani for Respondents.
- The learned counsel for petitioner submitted that respondent No.3 has challenged the vires of his transfer order before Senior Civil Judge, Okara, who vide his order, dated 26‑1‑1999 issued an interim injunction suspending the impugned transfer order. He submits that the learned Senior Civil Judge has got no authority under the law to interfere in such‑like matter as the matter relates to terms and conditions of service, which is in exclusive jurisdiction of Service Tribunal.
Headnotes / Summary
Arts. 199 & 212
Civil Procedure Code (V of 1908), O. XXXIX, Rr. 1 & 2
Bar
Civil Court granted ad interim injunction against transfer order of a civil servant
Matter of transfer of civil servant related to terms and conditions of service which fell within the exclusive jurisdiction of Service Tribunal
Ad interim injunction granted by Civil Court suspending transfer order, was without lawful authority and of no legal value. Zahid Akhtar v. Secretary, Government of Punjab Local Government and Rural Development Department PLD 1995 SC 530; Ikhlaq Ahmad v. Secretary, Government of Punjab 1998 SCMR 516 and Mst. Nahid Akram v. The Province of Punjab and others 1998 SCMR 222 ref. Sh. Anwar-ul-Haq, Deputy Attorney-General (on Court's Notice).
Judgment & Decree
Zahid Akhtar v. Secretary, Government of Punjab Local Government and Rural Development Department PLD 1995 SC 530; Ikhlaq Ahmad v. Secretary, Government of Punjab 1998 SCMR 516 and Mst. Nahid Akram v. The Province of Punjab and others 1998 SCMR 222 ref. Umar Alvi for Petitioners. Syed Manzoor Hussain Gillani for Respondents. Sh. Anwar‑ul‑Haq, Deputy Attorney‑General (on Court's Notice). The learned counsel for petitioner submitted that respondent No.3 has challenged the vires of his transfer order before Senior Civil Judge, Okara, who vide his order, dated 26‑1‑1999 issued an interim injunction suspending the impugned transfer order. He submits that the learned Senior Civil Judge has got no authority under the law to interfere in such‑like matter as the matter relates to terms and conditions of service, which is in exclusive jurisdiction of Service Tribunal.
2. The learned Deputy Attorney‑General was asked to appear before this Court and assist this court in the matter. Sh. Anwar‑ul‑Haq, Deputy Attorney‑General has appeared in this matter and has frankly admitted that Senior Civil Judge has got no jurisdiction in the matter. The learned counsel appearing on behalf of respondent No.3 has also admitted the same position. He, however, submits that the respondent has filed representation before the departmental authority, which is still pending.
3. Be that as it may, as the matter relates to terms and conditions of service, therefore, it falls within the exclusive jurisdiction of Service Tribunal. The reliance can be placed in this respect to the case Zahid Akhtar v. Secretary Government of. Punjab, Local Government and Rural Development Department (PLD 1995 SC 530), Ikhlaq Ahmad v. Secretary Government of Punjab (1998 SCMR 516) and Mst. Nahid Akram v. The Province of Punjab etc. (1998 SCMR 222). Thus, the order passed by the Senior Civil Judge, Okara is without jurisdiction and without lawful authority and also of no legal value, It is declared as such. The respondent may seek his remedy before appropriate forum. This writ petition stands allowed. C.M.A./A‑88‑L . Petition dismissed.