RUKHSANA IJAZ versus SECRETARY, EDUCATION, PUNJAB
Section 9 of the Punjab Civil Servants Act, 1974 (1973), Arts 199, 212 and 185, recognizing the constitutional request of a public servant against the transfer of government employees, his transfer order was suspended, both petitioner and defendant. It was acknowledged that the dispute between the two public servants regarding such exchanges / posting of public servants, which is related to their terms and conditions of service, falls under the exclusive jurisdiction of the Service Tribunal while Article Excludes the High Court's jurisdiction in the matter of the express provisions of It goes 212 (2) of the Constitution High Court did not appear in this aspect of the matter before issuing a stay order but the leave appeal in the appeal was changed to appeal and the stay order was dismissed by the High Court. It was directed to decide the question of jurisdiction before passing an order of the first High Court.
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