2008 PLP (C (PLC(CS))
ABDUL RASHID KHAN Versus REGISTRAR, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN and 5 others
| Citation | 2008 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Saif-ur-Rehman, J |
| Parties | ABDUL RASHID KHAN Versus REGISTRAR, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN and 5 others |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 2008 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 2008 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Saif-ur-Rehman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP (C (PLC(CS)) (ABDUL RASHID KHAN Versus REGISTRAR, BAHAUDDIN ZAKARIYA UNIVERSITY, MULTAN and 5 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Pir Muhammad Asif Rafi for Petitioner.
- Malik Muhammad Tariq Rajwana for Respondents.
- 3. Conversely the learned counsel for respondents submitted that the petitioner had been subsequently transferred to Sahiwal and this fact was suppressed by him, hence, the petition was liable to be dismissed on this short ground. Besides this he had been deliberately evading implementation of the transfer order by sending fake medical certificates. It was also submitted that the writ was incompetent in the light of law laid down in 1999 SCMR 2381 and 2003 MLD 507.
Headnotes / Summary
Art. 199
Constitutional petition
Petitioner, Assistant Controller of Examination, in the University had sought declaration that he was entitled to join his place of posting on his transfer from Degree Cell to University College as ordered by the Vice-Chancellor and that order passed by the Registrar of the University directing petitioner to report for duty in his personal section till further orders superseding the order of the Vice-Chancellor were without lawful authority
Counsel for the petitioner had submitted that the transfer of the petitioner to the personal cell was based on mala fide and that Registrar was not competent to supersede the order of the Vice-Chancellor
Petitioner had not placed any document on file to show that any order passed by the Vice-Chancellor was superseded
Employees of the University were neither holders of statutory posts nor were they entitled to hold the same as a matter of right
University was competent to direct its employees to change their places by issuing transfer orders from time to time in the best interest of the organization
Constitutional petition was dismissed in circumstances. 1999 SCMR 2381 and 2003 MLD 507 ref.
Judgment & Decree
SAIF-UR-REHMAN, J.
Through this constitutional petition, the petitioner an Assistant Controller of Examination Bahauddin Zakariya University, Multan, has sought declaration that he was entitled to join his place of posting on his transfer from Degree Cell (Examination Department) to University College of Engineering and Technology as ordered by the Vice-Chancellor, respondent No.4 and order, dated 11-9-2007 passed by the Registrar of the said University directing the petitioner to report for duty in his personal section till further orders superseding the order of the Vice-Chancellor were without lawful authority; and for obtaining direction to respondent No.1 (Registrar) to implement the order passed by Vice-Chancellor in letter and spirit and to withdraw all subsequent orders.
2. Learned counsel for the petitioner submitted that the transfer of the petitioner to the personal Cell was based on mala fide and the Registrar was not competent to supersede the order of Vice-Chancellor.
3. Conversely the learned counsel for respondents submitted that the petitioner had been subsequently transferred to Sahiwal and this fact was suppressed by him, hence, the petition was liable to be dismissed on this short ground. Besides this he had been deliberately evading implementation of the transfer order by sending fake medical certificates. It was also submitted that the writ was incompetent in the light of law laid down in 1999 SCMR 2381 and 2003 MLD 507.
4. Precisely the matter pertains to transfer of the petitioner. The petitioner has not placed any document on file to show that any order passed by the Vice-Chancellor was superseded by the Registrar. Copies of different transfer letters appended by the petitioner with this petition including his transfer order to U.C.E. and T. show that the same were issued/signed by Deputy Registrar/Registrar. The Employees of the University were neither holders of statutory posts nor were they entitled to hold the same as a matter of right. It was within the competence of the University to direct its employees to change their places by issuing transfer orders from time to time in the best interest of the organization. This writ, therefore, is incompetent in the light of dictum laid down in the above referred authorities.
5. In view of the above this petition is dismissed in limine. H.B.T./A-18/L Petition dismissed.