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Petitioner: Messrs BILQEES AKHTAR, NURSING INSTRUCTOR VS Respondent: GOVERNMENT OF PUNJAB through SecretaryHonorable Justice Maulvi Anwarul HaqMuhammad Ghias ul Haq Sheikh
2006 P L C (C
2006 P L C (C.S.) 952
[Lahore]
Before Maulvi Anwarul Haq, J
Messrs BILQEES AKHTAR, NURSING INSTRUCTOR
Versus
GOVERNMENT OF PUNJAB through Secretary, Health Department and 4 others
Writ Petition No.146, of 2006 decided on 19th January, 2006.
Constitution of Pakistan (1973)---
----Arts. 199 & 212(3)---Constitutional petition---Civil Service---Transfer---Petitioner, who was a civil servant, felt aggrieved of her transfer contending that impugned transfer order was violative of transfer policy in force as also directives of Supreme Court in the case reported as PLD 1995 SC 530---Validity---Under provisions of Art.212(3) of the Constitution, matter was not cognizable by the High Court---Constitutional petition, however was disposed of by the High Court with direction that petitioner ought to immediately file departmental appeal before competent Authority---In case such appeal was filed, same would be decided strictly in accordance with applicable rules and transfer policy and more particularly in the light of directives of Supreme Court.
Zahid Akhtar's case PLD 1995 SC 530 ref.
Muhammad Ghias ul Haq Sheikh for Petitioner.
ORDER
MAULVI ANWARUL HAQ, J.---The petitioner, admittedly a civil servant, feels aggrieved of her transfer order, dated 16-1-2006 (Annex.B). Learned counsel contends that the impugned order is violative of transfer policy in force as also the directives of the Hon'ble Supreme Court of Pakistan contained in Zahid Akhtar's case (PLD 1995 SC 530).
2. In view of provisions of Article 212(3) of the Constitution, this matter is not cognizable here. However, writ petition is disposed of with the direction that the petitioner to immediately file departmental appeal before the competent authority. In case such an appeal is tiled, the same A shall be decided strictly in accordance with applicable rules and the transfer policy and more particularly the directives contained in well-known Zahid Akhtar's case (PLD 1995 SC 530). The competent authority shall also look into the matter as to how the Additional Secretary has overruled the departmental head i.e. Secretary who had refused to withdraw the earlier transfer order of the private respondent and till the pending decision of the appeal the said directives of the apex Court shall not be violated.
H.B.T./B-20/L Order accordingly.