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Petitioner: Mst. SHAHNAZ IRSHAD VS Respondent: SECRETARY EDUCATION
2002 P L C (C
2002 P L C (C.S.) 1553
[Lahore High Court]
Before Farrukh Lateef, J
Mst. SHAHNAZ IRSHAD
Versus
SECRETARY EDUCATION
Writ Petition No.2035 of 2002, decided on 8th April, 2002.
Constitution of Pakistan (1973)‑‑‑
-----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.
ORDER
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.