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Petitioner: AKBAR ALI KHAN VS Respondent: GOVERNMENT OF PUNJAB
1993 P L C (C
1993 P L C (C.S.) 1122
[Lahore High Court]
Before Malik Muhammad Qayyum, J
Malik AKBAR ALI KHAN
versus
THE GOVERNMENT OF PUNJAB through Secretary, Education Department, Punjab, Lahore and 3 others
W.P. No. 3783 of 1993, decided on 20th April, 1993.
Constitution of Pakistan (1973)‑‑‑
‑‑‑‑Arts. 212 & 199‑‑‑Dispute regarding transfer of civil servants was relatable to terms and conditions of their service‑‑‑Exclusive jurisdiction in such matter vested in the Service Tribunal‑‑‑Constitutional petition before High Court was not maintainable‑‑‑Question as to whether or not impugned orders of transfer passed against civil servants were illegal, unlawful, suffered from lack of jurisdiction or were tainted with mala fides could be examined by the Service Tribunal‑‑‑Jurisdiction of High Court was barred in such matters.
Mubashar Nazar v. Central Board of Revenue, Islamabad and another 1992 PLC (C.S.) 864; Mst. Shagufta Younis v. Director of Education 1992. PLC (C.S.) 906; Zubair Zafar v. Government of Punjab and others 1993 PLC (C.S.) 683; Syed Hussain Asif Hussaini v. Director‑General, Meteorological Services, Karachi 1993 PLC (C.S.) 78; Rana Muhammad Sarwar v. Government of Punjab through Services, General Administration and Information Department and another 1990 SCMR 999 rel,
Qazi Umar Draz for Petitioner.
ORDER
In all these petitions, petitioners who are civil servants, feel aggrieved by orders of their transfer on various grounds, inter alia, that the orders have been passed under political pressure and dictated exercise of the jurisdiction by the competent authorities.
2. The first question which arises is as to the maintainability of these petitions in view of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. The dispute regarding transfer of the civil servants is relatable to the terms and the conditions of their service and, therefore, the exclusive jurisdiction vests in the Services Tribunal and the petition before this Court is not maintainable. It was so held in Mubashar Nazar v. Central Board of Revenue, Islamabad and another (1992 PLC (C.S.) 864); Mst. Shagufta Younis v. Director of Education (1992 PLC (C.S.) 906) and Zubair Zafar v. Government of Punjab and others (1993 PLC (C.S.) 683).
3. The learned counsel for the petitioners have submitted that as the impugned orders suffer from mala fides, these petitions are maintainable. I am afraid, this contention is not well‑founded. Question as to whether or not the impugned orders are illegal, unlawful, suffer from lack of jurisdiction or are tainted with mala fides can well be examined by the Services Tribunal. See Syed Hussain Asif Hussaini v. Director‑General, Meteorological Services, Karachi (1993 PLC (C.S.) 78) and Rana Muhammad Sarwar v. Government of Punjab through Services, General Administration and Information Department and another (1990 SCMR 999).
Accordingly, all these petitions are dismissed in limine as being not maintainable.
A.A./A‑389/L Petitions dismissed.