ASIMA SARWAT vs PAKISTAN ATOMIC ENERGY COMMISSION (PAEC), through Chairman Headquarters, Islamabad Transfer of employees — 2022 PLC(CS) 349 ISLAMABAD

Case information

Citation: 2022 PLC(CS) 349 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: PLC
Parties: ASIMA SARWAT vs PAKISTAN ATOMIC ENERGY COMMISSION (PAEC), through Chairman Headquarters, Islamabad Transfer of employees
Subject matter: Constitutional

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ASIMA SARWAT VS PAKISTAN ATOMIC ENERGY COMMISSION (PAEC), through Chairman Headquarters, Islamabad Transfer of employees---Vested right, question of---Petitioners were husband and wife who had been transferred by the authorities to another station---Validity---Constitutional petition was maintainable where the authority had violated any provision of law or statutory rules---Employees who were governed by statutory rules could avail remedy of filing a Constitutional petition before High Court---Principle of 'master and servant' was applicable to employees whose services were not governed by any statutory rules---Employee of a company / organization owned by government, in absence of violation of law or any statutory rule, could not press into service Constitutional jurisdiction of High Court in order to seek relief with respect to his employment---Transfer order was passed by respondent authority which was a strategic organization---Petitioner failed to establish on record any element of mala fide on the part of respondent authority while passing posting order in question---Transfer of order was not illegal as one petitioner was found violating discipline of strategic organization---High Court declined to interfere in transfer order as the same was made in public interest---Constitutional petition was dismissed, in circumstances.

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