JAFFAR ALI SHAH versus PROVINCE OF PUNJAB THROUGH SECRETARY TO THE GOVERNMENT OF THE PUNJAB HOME DEPARTMENT
Article 9 Constitution of Pakistan, Arts 199 and 212 Maintaining the Constitution Request Scope posting and transfer The question of posting of a transfer employee falls under the jurisdiction of the competent authority which is under the law and posting / transfer of rules and regulations made thereunder. The questions relating to the conditions of the public servant; and the service tribunal shall have exclusive jurisdiction to decide and decide such matters. The constitutional jurisdiction under Article 199 of the Constitution cannot be called upon to resolve such disputes as the other provisions of Article 1212 of the Constitution will terminate the jurisdiction and the orders of the Department shall be abolished. The authority, though without jurisdiction or economic stability, can only be challenged before a service tribunal. And the jurisdiction of the civil court, including the High Court, was specifically excluded that the High Court's jurisdiction would not be authorized to proceed in this case in view of the constitutional termination as contained in Article 1212 of the Constitution and I have full jurisdiction to intervene. Such as matters
Related judgments — Lahore High Court Lahore, 2011