Full Judgment Text & Judicial Ruling

2009 P L C (C

2009 P L C (C.S.) 580

[Lahore High Court]

Before Umar Ata Bandial, J

MUHAMMAD AFZAL and another

Versus

CHIEF SECRETARY, GOVERNMENT OF PUNJAB, LAHORE and another

Writ Petition No.1697 of 2009, decided on 30th January, 2009.

Constitution of Pakistan (1973)---

----Arts. 199, 35 & 38---Constitutional petition---Transfer of civil servant under Wedlock Policy---Petitioner who was a Federal Government employee was posted at place and his wife was a teacher in the Provincial Government posted at place `B'---Husband had applied through his Department to the Provincial Education Department for transfer of petitioner's wife at place `L' under the Wedlock Policy of Provincial Government---Petitioner's wife who was sought to be transferred to place `L' had made no application to the defendant---Petitioner did not have a mature grievance against the department for determination by the High Court---Husband claimed a right for his wife and the two were treated as having common interest under the Wedlock Policy---Wife could apply to the department seeking her transfer under the Wedlock Policy to the station of her husband---If she would approach the department, department would consider such representation strictly in accordance with law and decide the same expeditiously---Order accordingly.

Syeda Adeeba Anjum v. Secretary Government of Punjab Education Department Lahore and another 2004 PLC (C.S.) 622 and Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325 rel.

Ch. Muhammad Naveed Shabbir Gorraya for Petitioner.

ORDER

UMAR ATA BANDIAL, J.--- Submits that the petitioner No.1 is a Federal Government employee posted in Lahore and his wife petitioner No.2 is a teacher in the Provincial Government posted at Bahawalnagar. Further submits that the petitioner No.1 has through his employer, Income Tax Department, applied to the Provincial Education Department for transfer of the petitioner's wife under the wedlock policy of the Provincial Government. He relies on Syeda Adeeba Anjum v. Secretary Government of Punjab Education Department, Lahore and another 2004 PLC (C.S.) 622 to submit that application under the aforesaid policy are liable to be considered with "compassion and kindness". It is noted that in the present case the petitioner's wife is sought to be transferred to Lahore but she has made no application to respondent No.2, Secretary Education. Accordingly, as such the petitioners do not have a mature grievance against the said respondent, for determination by the Court.

2. Be that as it may, the petitioner No. 1 claims a right for his wife and the two are treated as having common interest under the wedlock policy. Accordingly, if so advised, petitioner No.2 may apply to respondent No.2 seeking her transfer under the wedlock policy to the station of her husband, petitioner No.1. If so approached, the respondent No.2 shall under the rules contained in Province of Sindh through Chief Secretary Sindh, Karachi and 4 others v. Gul Muhammad Hajano 2003 SCMR 325 consider such a representation strictly in accordance with law and decide the same expeditiously.

3. Disposed of.

H.B.T./M-54/L Order accordingly.

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