Full Judgment Text & Judicial Ruling

1992 P L C (C

1992 P L C (C.S.) 281

[Lahore High Court]

Before Tanvir Ahmed Khan, J

Syed SHAMIM RAZA ZAIDI

Versus

GOVERNMENT OF PUNJAB

Writ Petition No. 2104 of 1991, decided on 20th March, 1991.

Civil Servants Act (LXXI of 1973)---

--S. 9---Consititution of Pakistan (1973), Art 199---Petition/civil servant was directed to report for his further posting---Petitioner's grievance was that he had been transferred earlier through order of specific date which was withdrawn on his representation to Minister concerned and that after withdrawal of aforesaid order, impugned transfer order lead been passed in a mala tide manner due to political pressure ---Contents of Constitutional petition showed that petitioner himself had secured cancellation of his earlier transfer order through political leverage---Petitioner, however, had got no vested right to claim his posting at a particular place---Provisions of S. 9, Civil Servants Act, 1973 envisaged that every civil servant would be liable to serve anywhere within or outside the province---Otherwise too, there was no jurisdictional defect in the order in question---Transfer order had been made by the respondent Authority whose competency had not been challenged-- Constitutional petition was dismissed in circumstances.

Muhammad Shahid Nisar Khan for Petitioner.

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