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Petitioner: JAM DAD KHAN VS Respondent: PROVINCE OF PUNJAB
1997 P L C (C
1997 P L C (C.S.) 1205
[Supreme Court of Pakistan]
Present: Zia Mahmood Mirza and Raja Afrasiab Khan, JJ
JAM DAD KHAN
versus
PROVINCE OF PUNJAB and others
Civil Petition No. 2032‑L of 1996, decided on 19th February, 1997.
(On appeal from the order dated 7‑10‑1996 of the Lahore High Court, Lahore passed in the W.P. 17836 of 1996). '
Punjab Civil Servants Act (VIII of 1974)‑‑‑
‑‑‑‑S. 9-‑‑Constitution of Pakistan (1973), Arts. 199, 212 & 185‑‑‑Civil service‑‑‑ Transfer‑‑‑Civil servant challenged his transfer order in High Court in its Constitutional jurisdiction‑‑‑High Court while admitting Constitutional petition to regular hearing, suspended operation of transfer order subject to notice‑‑‑Validity‑‑‑Petitioner's contention was that transfer of civil servant being relatable to terms and conditions of service, remedy whereof was appeal before Service Tribunal and jurisdiction of all other Courts including High Court to entertain such matter, was barred under. Art.212 of the Constitution‑‑‑Petitioner's grievance was that although impugned order was passed subject to notice, case had not come up for hearing for last five months‑‑‑Order of High Court, however, being of interim nature was subject to notice, therefore, petitioner should better move application in the High Court for recall of said order raising objection therein to jurisdiction of High Court‑‑‑Petitioner's case was, thus not fit for interference at present stage‑‑ Leave to appeal to Supreme Court was refused in circumstances.
Talaat Farooq Sheikh, Advocate Supreme Court for Petitioner.
Ch. Muzamal Khan, Advocate Supreme Court with Mehmoodul Islam, Advocate‑ on‑Record for Respondent No. 3.
Date of hearing: 19th February, 1997.
JUDGMENT
ZIA MAHMOOD MIRZA, J.‑‑‑By order dated 8th September, 1996 passed by the Secretary, Irrigation and Power Department, Government of Punjab, petitioner, an Assistant Executive Engineer/Sub‑Divisional Officer, (awaiting posting) was posted as Sub‑Divisional Officer, River Survey Sub‑Division of Lahore Drainage Division, Lahore vice Mr. Shakeel Ahmad, S.D.O. respondent No. 3 herein who was directed to report to I&P Secretariat for further posting. Aggrieved of this transfer order, respondent No.3 challenged it in the High Court in its Constitutional jurisdiction. A learned Judge of the High Court admitted the Constitutional petition to regular hearing and suspended the operation of the impugned transfer order subject to notice vide order dated 7‑10‑1996.
2. Feeling aggrieved, the petitioner filed the instant petition for leave to appeal against the aforementioned order of the learned Judge in the High Court.
3. We hate heard the learned counsel for the petitioner. His contention is that the transfer of a civil servant is a matter relatable to the terms and conditions of service, remedy for which lies in an appeal before the Service Tribunal and jurisdiction of all other Courts including the High Court to entertain such matters is barred by virtue of Article 212 of the Constitution. Learned counsel has made a grievance that although the impugned interim order was passed subject to notice, case has not come up for hearing for the A last five months. Be that as it may, since the impugned order of the High Court is only of interim nature and was subject to notice, petitioner should better move an application in the High Court for recall of the said order raising an objection therein to the jurisdiction of the High Court. In this view of the matter, we do not find it a fit case for interference by this Court at this stage. This petition is accordingly dismissed with the aforenoted observation.
A.A./J‑2/S Leave refused.