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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AYYAZ ANJUM VS Respondent: GOVERNMENT OF PUNJAB, HOUSING AND PHYSICIAL PLANNING DEPARTMENT Through Secretary And Others
Court Name: Supreme Court of Pakistan Judge(s): Fazal Karim, Muhammad Ilyas, Saad Saood Jan Title:AYYAZ ANJUM vs GOVERNMENT OF PUNJAB, HOUSING AND PHYSICIAL
PLANNING DEPARTMENT Through Secretary And Others Case No.: Civil Petition for Leave to Appeal No. 1232-L of 1996 Petition No. 3617 of 1996 Date of Judgment:1996-04-24 Reported As: 1997 PLC (C.S.) 123 Result: Case remanded Judgment ORDER SAAD SAOOD JAN, J.---The petitioner and Muhammad Younis Chohan, respondent No. 3, are serving in the Public Health Engineering Department. There have been a number of orders relating to their inter se transfers. Both accused the other of invoking political influence in getting posting of his own choice at the cost of the other. Respondent No. 3 filed a Constitutional petition in the High Court to call in question the legality of the order dated 13-3-1996 which was the latest in the series. The High Court called for the record from the department and in the meanwhile suspended the impugned order. The petitioner seeks leave to appeal from this Court. 2. Clearly, the matters relating to the posting and transfer of a civil servant relate to the terms and conditions of his service. Disputes about these matters fall within the exclusive jurisdiction of the appropriate Service Tribunal. The jurisdiction of High Court is barred in these matters by the express provisions of Article 212(2) of the Constitution. We are therefore unable to support the interim order made by it in this case. Accordingly, we convert this petition into appeal and set aside the said order. The High Court should first determine the question of its jurisdiction before making any interim order in this case. This appeal is disposed of accordingly.
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