2011 PLP (C (PLC(CS))
GUL MUHAMMAD and others Versus SECRETARY EDUCATION and others
| Citation | 2011 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Asad Munir, J |
| Parties | GUL MUHAMMAD and others Versus SECRETARY EDUCATION and others |
| 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: Asad Munir, 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)) (GUL MUHAMMAD and others Versus SECRETARY EDUCATION and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Qamar-uz-Zaman Tarar for Petitioners.
- Kaleem Ilyas, A.A.-G. with Shahid Ali Shah, Litigation Officer, Office of E.D.O. (Edu)., Pakpattan for Respondents.
- ----Art. 199---Constitutional petition-Civil service---Transfer---Grievance of the petitioners' was that being Science teachers, they could not be transferred as there was no vacancy for Science teachers where they could be adjusted---Assistant Advocate-General in his report had submitted that a Science teacher, duly qualified could easily teach Arts subjects as against an Arts teacher who was not qualified to teach Science subjects--Order of District Education Officer had revealed that only one vacancy of Science teacher was available, while six vacancies were for Arts teachers existed---Assistant Advocate-General under instructions undertook that as soon as vacancies for Science teachers would become available, petitioners would be accommodated---Petitioners and their counsel had expressed no opposition and they appeared to be satisfied---Petition was disposed of in terms of statement made by A.A.-G.
Headnotes / Summary
Art. 199
Constitutional petition-Civil service
Grievance of the petitioners' was that being Science teachers, they could not be transferred as there was no vacancy for Science teachers where they could be adjusted
Assistant Advocate-General in his report had submitted that a Science teacher, duly qualified could easily teach Arts subjects as against an Arts teacher who was not qualified to teach Science subjects--Order of District Education Officer had revealed that only one vacancy of Science teacher was available, while six vacancies were for Arts teachers existed
Assistant Advocate-General under instructions undertook that as soon as vacancies for Science teachers would become available, petitioners would be accommodated
Petitioners and their counsel had expressed no opposition and they appeared to be satisfied
Petition was disposed of in terms of statement made by A.A.-G.
Judgment & Decree
ASAD MUNIR, J.
The petitioners, who were serving as Assistant Education Officers, have been transferred and placed at the disposal of District Education Officer, Pakpattan for further posting in schools. The grievance of the petitioners is that, being Science teachers, they cannot be transferred as there is no vacancy for Science teachers where they can be adjusted.
2. Report and parawise comments have been filed by the learned A.A.-G., who has submitted that a Science teacher is duly qualified and can easily teach Arts subjects as against an Arts teacher who is not qualified to teach science subjects. He has also placed on record copy of order dated 23-12-2010 issued by District Education" Officer (SE), Pakpattan, which reveals that at present there is only one vacancy of Science teacher while there are six vacancies for Arts teachers. Learned A.A.-G. has pointed out that petitioner No.4 is an Arts teacher and her case is different from petitioners Nos.1 to
3. Learned A.A.-G. further submits that only one of the petitioners can be accommodated as a Science teacher while the rest have to be posted as Arts teachers. However, learned A.A.-G. under instructions, undertaken that as soon as vacancies for Science teachers become available in the Tehsil Pakpattan the remaining two petitioners will be accommodated.
3. In response, the petitioners and their learned counsel have expressed no opposition and appear to be satisfied.
4. In the circumstances, this writ petition is disposed of in terms of the statement made by the learned A.A.-G. that the petitioners shall be posted as science teachers as soon as vacancies for the same arise within Tehsil Pakpattan. H.B.T./G-13/L Order accordingly.