Mst. RIAZ ANJUM and others vs Mrs. S. MAQBOOL and others
This matter comprises six petitions directed against a common judgment of the Punjab Service Tribunal, Lahore, which had set aside impugned transfer and posting orders and issued directions to the Education Department regarding postings of General Cadre and Nationalized Cadre members. The core legal question concerned the entitlement of civil servants in equivalent grades to be transferred and posted to specific posts such as headmasters and headmistresses, and whether they could claim a particular post as a matter of right. Relying on a previous judgment of the Supreme Court, the Court held that while civil servants in the same grade may be transferred to equivalent posts, no civil servant can lay a claim to any particular post, leaving it open to the Government to consider them for such appointments if found suitable. The petitions were accordingly disposed of in terms of the earlier Supreme Court precedent.
- Whether a civil servant can lay a claim to any particular post?
- Does an appointment from one equivalent post to another amount to a promotion or a transfer?
- Are service tribunals competent to direct the government on specific administrative postings of civil servants?
ORDER
' AJMAL MIAN, C.J.---By this common order we intend to dispose of above six petitions which are directed against common judgment, dated 2-2-1984 passed by Punjab Service Tribunal, Lahore, in Cases Nos.230/310, 425/396/470/395 and 530/389 of 1983 filed by the private respondents disposing of the same in the following terms:- "12. In view of the detailed discussions made by us of the entire situation of this case, were are of the confirmed view that the impugned orders are liable to be set aside and we are under legal obligation to give directions to the respondents/Education Department, not to transfer any further member of the General Cadre and post them against the vacancies so available in the Nationalized Cadre, so that the aforesaid Nationalized Rules are not violated.
13. The result is we accept the appeals, set aside the impugned orders and direct that the appellants as well as other Members of the category should be posted as Headmaster/Headmistress in accordance with their seniority in pursuance of the Governor's order, dated 23-6-1977, which is still in the field. There will be no orders as to costs. Judgment be communicated to the parties."
2. Two above petitions have been filed by private 'persons whereas other four petitions have been filed by the Provincial Government of Punjab.
3. Raja Muhammad Anwar, Senior Advocate Supreme Court, appeared in C. Ps. 355 and 356 of 1984 for the petitioners and Sh. Altai Elahi, Additional Advocate-General, Punjab, appeared for the Government of Punjab. They invited our attention to an unreported judgment, dated 27-2-1994 passed by this Court in Civil Appeals Nos.396 to 400 of 1993 (Abdur Rashid Qa .Yyum and others v.
Government of Punjab and others), wherein a considered view has been taken as under:-- "As stated earlier, the posts of headmasters and headmistresses are in grade-17. It is contended on behalf of the appellants that as They were in the same grade as was enjoyed by the headmasters and he ad mistresses they were entitled to be appointed to the said posts and if they were so appointed it would not be a case of the promotion but owe of transfer from one equivalent post to another. This seems to be correct but then as already stated no civil servant can lay a claim to any particular post. It will however be open to the Government to consider the appellants for appointment as headmasters or headmistresses or equivalent posts if it finds them suitable for the same."
4. Raja Muhammad Anwar, Senior Advocate Supreme Court, appearing in above two petitions submitted that in view of the above unreported judgment of this Court, the observations contained in the above-quoted portion of the Tribunal's judgment are no longer effective and, thus, the above petitions are disposed of in the terms of above judgment of this Court.
Cited by 1 case
- Mrs. ZEENAT AHMED vs FEDERATION OF PAKISTAN through Secretary Ministry 2015 PLC (C.S.) 719