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Petitioner: HABIBULLAH KHAN VS Respondent: DISTRICT EDUCATION OFFICER (MALE), BHAKKARHonorable Justice Ihsan-ul-Haq Chaudhry
1990 P L C (C
1990 P L C (C.S.) 699
[Lahore High Court]
Before Ihsan-ul-Haq Chaudhry, J
HABIBULLAH KHAN
Versus
DISTRICT EDUCATION OFFICER (MALE), BHAKKAR
Writ Petition No. 5214 of 1989, heard on 20th December, 1989.
Constitution of Pakistan (1973)-
---Art. 199---Transfer---Petitioner a civil servant challenging cancellation of his transfer and posting back to his former place of posting---Impugned order stated to have been passed only in the interest of Pupil Teacher Union Study at former station---Neither there was any violation of law nor Rules and it was not a case where transfer had been cancelled at behest of politicians---Petitioner having failed to make out a case in his favour, interference was declined in Constitutional jurisdiction. Tehsil Fort Abbas, District Bahawalnagar on 27-6-1989. Thereafter, he had been attending his duties regularly; that no prior notice for the termination of his service or for the withdrawal of the order of his appointment was given to him; that no show-cause notice was given to him in respect of his upper age limit and that by now Governor of the Punjab has relaxed his upper age limit vide Order No. SO(PEC)8-9/89. Photostat copy whereof is marked.
Pursuant to the above discussion, the impugned order is declared to be without lawful authority and of no legal effect. The parties will bear their own 113 costs.
M.Y.H./M-2003/L Petition allowed.