2002 PLP (C (PLC(CS))
Mst. SHAHNAZ IRSHAD Versus SECRETARY EDUCATION
| Citation | 2002 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Farrukh Lateef, J |
| Parties | Mst. SHAHNAZ IRSHAD Versus SECRETARY EDUCATION |
| Primary Law | Constitution of Pakistan (1973)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 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 2002 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Farrukh Lateef, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP (C (PLC(CS)) (Mst. SHAHNAZ IRSHAD Versus SECRETARY EDUCATION). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Shams‑ul‑Haq for Petitioner.
Headnotes / Summary
Arts.199 & 212(2)‑‑‑Civil service‑‑Transfer of civil servant Constitutional petition, competency of‑‑‑Petitioner/Civil servant who was Assistant Professor Education had challenged his transfer in Constitutional petition alleging that she had been made a rolling stone by her repeated transfers with mala fide intention‑‑‑Transfer and posting of a civil servant was a matter pertaining to terms and conditions of service and dispute with regard thereto fell within exclusive jurisdiction of Service Tribunal under Cl.(2) of Art.212 of Constitution of Pakistan, 1973‑‑‑Constitutional petition being incompetent, was dismissed, in circumstances.
Judgment & Decree
Writ Petition No.2035 of 2002, decided on 8th April, 2002.
Arts.199 & 212(2)‑‑‑Civil service‑‑Transfer of civil servant Constitutional petition, competency of‑‑‑Petitioner/Civil servant who was Assistant Professor Education had challenged his transfer in Constitutional petition alleging that she had been made a rolling stone by her repeated transfers with mala fide intention‑‑‑Transfer and posting of a civil servant was a matter pertaining to terms and conditions of service and dispute with regard thereto fell within exclusive jurisdiction of Service Tribunal under Cl.(2) of Art.212 of Constitution of Pakistan, 1973‑‑‑Constitutional petition being incompetent, was dismissed, in circumstances. Muhammad Shams‑ul‑Haq for Petitioner. He has been heard. The petitioner is an Assistant Professor Education. Her grievance is that she has been made a rolling stone by her instance of Mr. Muhammad Akram Malik, with mala fide intentions. Lastly she was transferred by the Secretary Education vide his order dated 5‑1‑2002. The said transfer order was made with mala fide intention and it is prayed that the same be cancelled.
2. Transfer and posting of a civil servants matter pertaining the terms and conditions of service and a dispute with regard thereto falls within the exclusive jurisdiction of the Tribunal under clause (2) of Article 212 of the Constitution. No writ is competent in such matters. The petition is accordingly dismissed in limine. H.B.T./S‑450/L Petition dismissed.