Pakistan Case Law
1997 PLC (C.S.) 123

AYYAZ ANJUM vs GOVERNMENT OF PUNJAB, HOUSING AND PHYSICIAL

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Citation1997 PLC (C.S.) 123
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No. 1232-L of 1996 Petition No. 3617 of 1996
Date1996-04-24
Judge(s)Saad Saood Jan, Fazal Karim and Muhammad Ilyas
Authored bySaad Saood Jan
ResultCase remanded
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter concerns a dispute regarding the inter se transfers of two civil servants serving in the Public Health Engineering Department. Both parties alleged the use of political influence to secure favorable postings. Respondent No. 3 challenged the legality of a transfer order dated 13-3-1996 by filing a Constitutional petition before the High Court, which subsequently suspended the impugned order. The petitioner sought leave to appeal against this interim order before the Supreme Court. The core legal question was whether the High Court possessed the jurisdiction to entertain a petition regarding the posting and transfer of a civil servant. The Supreme Court held that matters relating to the posting and transfer of civil servants pertain to the terms and conditions of service, which fall under the exclusive jurisdiction of the appropriate Service Tribunal. Consequently, the High Court's jurisdiction is barred by Article 212(2) of the Constitution. The Supreme Court set aside the High Court's interim order, directing that the question of jurisdiction must be determined before any interim relief is granted in such service matters.

Questions settled in this judgment
  • Does the High Court have jurisdiction to adjudicate matters concerning the posting and transfer of a civil servant?
  • Do disputes regarding the transfer of a civil servant fall under the exclusive jurisdiction of a Service Tribunal?
  • Must the High Court determine its own jurisdiction before granting interim orders in service-related matters?
Laws & provisions referred
  • Article 212(2) of the Constitution
civil servanttransfer and postingservice tribunaljurisdiction of High Courtterms and conditions of serviceconstitutional petition

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. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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