2011 PLP (C (PLC(CS))
UMER HAYAT Versus EXECUTIVE DISTRICT OFFICER, (WORKS AND SERVICES DEPARTMENT),
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Syed Akhlaq Ahmad, J |
| Parties | UMER HAYAT Versus EXECUTIVE DISTRICT OFFICER, (WORKS AND SERVICES DEPARTMENT), |
| Primary Law | Constitution of Pakistan |
Q1: What are the key laws and sections cited in 2011 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 2011 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Syed Akhlaq Ahmad, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP (C (PLC(CS)) (UMER HAYAT Versus EXECUTIVE DISTRICT OFFICER, (WORKS AND SERVICES DEPARTMENT),). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ishtiaq Ahmad Chaudhry for Petitioner.
- Raza-ul-Karim Butt, A.A.-G. for Respondents.
Headnotes / Summary
Arts. 199 & 212
Constitutional petition
Petitioner had challenged his transfer from one place of working to another
Posting and transfer was necessary feature of service and could be best judged by the authority under whom a person was serving
Posting and transfer being necessary condition of service, was outside the scope of the constitutional jurisdiction of High Court as enshrined in Art.212 of the Constitution. Mst. Hussan Aara v. Government of the Punjab and others 2004 PLC (C.S.) 106; Begum Asmat Azhar v. Punjab Government through Secretary Education and another PLD 1987 Lah. 256; Dr. Younis Asad Shaikh v. Province of Sindh through Secretary Health Department, Government of Sindh 2009 PLC (C.S.) 735 and Secretary to Government of Punjab Health Department Lahore and others v. Dr. Abida Iqbal and another 2009 SCMR 61 ref.
Judgment & Decree
SYED AKHLAQ AHMAD, J.
This writ petition is directed against the order dated 23-7-2010 passed by respondent No.1/Executive District Officer (Works and Services Department) Faisalabad whereby the petitioner/Umar Hayat who is Sub-Engineer in the office of the Deputy District Officer (Road) Faisalabad having additional charge of the office of the Deputy District Officer (Road) Jaranwala has been transferred to the Drawing Branch of District Officer (Road) Faisalabad being unfit for field duty. This transfer order has been sought to be set aside by the petitioner.
2. Learned .counsel for the petitioner contends that the petitioner is .quite healthy and fully capable of performing the field duties. Respondent No.1 did not serve any show-cause notice nor called the petitioner to be examined by any doctor or by the Medical Board to determine his health condition. This being so, the order of transfer of the petitioner passed by respondent No.1 is illegal, based on mala fide and liable to be set-aside. Hence, this writ.
3. After hearing the learned counsel for the petitioner, I find that the posting and transfer is a necessary feature of service and can be best judged by the authority under whom a person is serving. Independent of above, posting and transfer being necessary condition of service is outside the scope of the constitutional jurisdiction of this court as enshrined in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. In this regard reference can be made in case of Mst. Hussan Aara v. Government of the Punjab and others 2004 PLC (C.S.) 106 [Lahore] and Begum Asmat Azhar v. Punjab Government through Secretary Education and another PLD 1987 Lah.
256. It has been laid down in case titled Dr. Younis Asad Shaikh v. Province of Sindh through Secretary Health Department, Government of Sindh 2009 PLC (C.S.) 735 [Karachi High Court] that "posting and transfer being the term and condition of service of civil servants, the same cannot be challenged before the High Court in its Constitutional jurisdiction." According to Secretary to Government of Punjab Health Department Lahore and others Dr. Abida Iqbal and another 2009 SCMR 61, "there was no fundamental right with regard to the posting, transfer or promotion as such."
4. In this view of the matter, the writ petition is not maintainable and the same is dismissed in limine. H.B.T./U-16/L Petition dismissed.