Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: NOOR KHAN VS Respondent: SECRETARY, REVENUE, GOVERNMENT OF THE PUNJAB, LAHORE
1993 P L C (C
1993 P L C (C.S.) 1150
[Lahore High Court]
Before Mian Ghulam Ahmad, J
NOOR KHAN
Versus
SECRETARY, REVENUE, GOVERNMENT OF THE PUNJAB, LAHORE and 2 others
Writ Petition No. 1528 of 1993, decided on 10th May, 1993.
Civil service‑
‑‑‑‑ Constitution of Pakistan (1973), Art. 199‑‑‑Transfer‑‑‑Challenge to‑‑‑Civil servant, a Tehsildar had been ordered to report to Board of Revenue for his further posting‑‑‑Civil servant's plea, that without assigning any reason, or before expiry of normal tenure, he was not liable to transfer to any other place, had no force‑‑‑Civil servant's other plea that he had to look after his old ailing parents or that he would face a host of problems and hardships or his family life or education of children would be disturbed, .in the event of his transfer, had no relevance‑‑‑Public functionary has no vested or Constitutional right to remain at a particular place or serve in a specified capacity‑‑‑No inalienable right available to civil servant having been infringed he was not entitled to relief under Art. 199 of the Constitution of Pakistan.
Sh. Dilawar Hussain for Petitioner.
ORDER
The petitioner, who is a Tehsildar, presently serving as Consolidation Officer, Alipur, District Muzaffargarh, has been ordered to report to the Board of Revenue for his further posting, vice Mr. Tanvir Durrani, respondent No. 3. He has filed this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan.
2. There is obviously no force in the plea that without assigning any reason, or before expiry of the normal tenure, a civil servant is not liable to transfer anywhere. Similarly, the plea that the petitioner has to look after his old ailing parents or that he would face a host of problems and hardships, or his family life or education of children would be disturbed, in the event of his transfer, has no relevance. The learned counsel has not been able to satisfy the Court as to how, as is maintained, any inalienable right available to the petitioner has been infringed. A public functionary does not have a vested or Constitutional right to remain at a particular place or to serve in a specified capacity. The petition has no merit and is hereby dismissed in limine.
A.A./N‑154/L Petition dismissed.