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Petitioner: ASIA TASNEEM VS Respondent: SECRETARY TO GOVERNMENT OF THE PUNJAB EDUCATION DEPARTMENT
1994 P L C (C
1994 P L C (C.S.) 1204
[Lahore High Court]
Before Falak Sher, J
ASIA TASNEEM
Versus
SECRETARY TO GOVERNMENT OF THE PUNJAB, EDUCATION DEPARTMENT and others
Writ Petition No. 16338 of 1993, decided on 27th November, 1993.
(a) Punjab Civil Servants Act (VIII of 1974)‑‑‑
‑‑‑‑S. 9‑‑‑Transfer‑‑‑Challenge to‑‑‑Employee being a civil servant, was obliged to service anywhere within or beyond provincial frontiers with no vested right to a particular place of post.
(b) Punjab Service Tribunals Act (IX of 1974)‑‑‑
‑‑‑‑S. 4‑‑‑Constitution of Pakistan (1973), Arts. 199 & 212(2)‑‑‑Constitutional, petition ‑‑‑Maintainability‑‑‑Constitutional petition was not maintainable against transfer order passed by Authority in view of Bar envisaged by Art.212(2) of Constitution of Pakistan in respect of matters pertaining to terms and conditions of service of a civil servant for redress whereof specific remedy of appeal had been catered for under S. 4 of Punjab Civil Servants Act, 1974.
Asghar Ali Chaudhry for Petitioner.
ORDER.
Petitioner having secured her transfer from Government Girls Inter College, Shorkot to Government College (W), Karkhana Bazar, Faisalabad on 19‑8‑1993 aggrieved by her adjustment vice respondent No. 4 at Government College (W), Kamalia vide the impugned order dated 21‑11‑1993 pursuant to the caretaker Chief Minister's directive dated 11‑10‑1993, "on extreme compassionate grounds" has recoursed to the present petition contending colourable exercise of power succumbing to the Chief Minister's directive and lack of jurisdiction.
Which I am afraid is misconceived because the complained of caretaker Chief Minister's directive patently does not appear to be motivated out of political considerations, being based upon compassionate grounds. Further petitioner being a civil servant by virtue of section 9 of the Punjab Civil Servants Act, 1974, is obliged to serve 'anywhere within or beyond the provincial frontiers with no vested right to a particular place of posting.
Additionally the petition is not maintainable in view of the Bar envisaged by Article 212 (2) of the 1973 Constitution for the matter pertaining to the term and condition of service of a civil servant for the redress whereof specific remedy of appeal has been catered for under section 4 of the Punjab Service Tribunals Act, 1974 and is accordingly hereby dismissed in limine.
H.B.T./A‑608/L Petition dismissed.