2012 PLP (C (PLC(CS))
SHAHZAD TARIQ Versus SECRETARY SCHOOLS (EDUCATION DEPARTMENT) GOVERNMENT OF PNJAB and 9 others
| Citation | 2012 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Ch. Muhammad Tariq, J |
| Parties | SHAHZAD TARIQ Versus SECRETARY SCHOOLS (EDUCATION DEPARTMENT) GOVERNMENT OF PNJAB and 9 others |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2012 PLP (C (PLC(CS))?
This judgment primarily cites: Constitution of Pakistan as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Ch. Muhammad Tariq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP (C (PLC(CS)) (SHAHZAD TARIQ Versus SECRETARY SCHOOLS (EDUCATION DEPARTMENT) GOVERNMENT OF PNJAB and 9 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zahid Sultan Khan Minhas for Petitioner.
Headnotes / Summary
Art. 199
Constitutional petition
Petitioner who was performing his duties as Junior Clerk at place 'G' having been transferred to place 'K' had challenged his transfer
Petitioner had no legal right to be posted against a particular post and question of infringement of fundamental right would not arise
Posting/transfer related to terms and conditions of government servant and it was the Service Tribunal who had exclusive jurisdiction to dilate upon and decide such matters while constitutional jurisdiction, could not be invoked to get such controversies resolved
Plea of mala fide also did not confer jurisdiction upon High Court to entertain the constitutional petition to resolve the controversy of posting and transfer, as there was an express bar contained in Art.212 of the Constitution, which had provided that Service Tribunal had exclusive jurisdiction to interfere in such like matters.
Judgment & Decree
CH. MUHAMMAD TARIQ, J.
The petitioner has challenged the impugned order dated 29-7-2011 and contends that the petitioner is a Junior Clerk who had been performing, his duties in Government Girls Higher Secondary School Guliana Tehsil Kharian 'District Gujrat. That respondents Nos.7 and 8 are political and influential persons of locality who succeeded with their ulterior motives to suspend the petitioner without any justification or reason vide order dated 20-5-2011.. and the petitioner was directed to join his duty at Government High School Kharian. Further contends that show-cause notice issued to the petitioner is void ab initio as District Education Officer, Gujrat is not competent authority, therefore, writ petition be accepted, impugned transfer order of petitioner dated 29-7-2011 and impugned notice dated 15-6-2011 be declared illegal and be set aside.
2. Arguments heard. Record perused.
3. Admittedly the petitioner has no legal right to be posted against a particular post hence the question of infringement of fundamental right does not arise as pressed time and again by the learned counsel for the petitioner. It is well settled by now that question of posting of a government servant squarely falls within the jurisdictional domain of the competent authority subject to law and rules made thereunder. The question of posting/transfer relates to terms and conditions of government servant and it is the Service Tribunal who has A exclusive jurisdiction to dilate upon and decide such matters while constitutional jurisdiction cannot be invoked to get such controversies resolved.
4. The plea of mala fide also does not confer jurisdiction upon this Court to entertain the constitutional petition to resolve the controversy of posting and transfer as there is an express bar contained in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 which provides that Service Tribunal has exclusive jurisdiction to interfere in such like matters, therefore, this writ petition is not maintainable, same is dismissed in limine. H.B.T./S-146/L Petition dismissed.