MUNNZA BIBI vs GOVERNMENT OF PUNJAB through Secretary School Education Department S — 2025 PLC(CS) 1542 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 PLC(CS) 1542 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: PLC
Parties: MUNNZA BIBI vs GOVERNMENT OF PUNJAB through Secretary School Education Department S
Subject matter: Criminal
Provisions referred to: S. 4---P; S. 24-A---C; S. 4; Punjab Civil Servants Act (VIII of 1974); General Clauses Act (X of 1897); Punjab Civil Servants Act; Punjab Service Tribunals Act

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

MUNNZA BIBI VS GOVERNMENT OF PUNJAB through Secretary School Education Department S. 4---Punjab Civil Servants Act (VIII of 1974), Ss. 3 & 9---General Clauses Act (X of 1897), S. 24-A---Constitution of Pakistan, Arts. 199 & 212---Civil service---Transfer and posting of Headmistress from one school to another being a civil servant---Matter concerning terms and conditions of service---Ouster of jurisdiction of High Court in view of bar contained in Art. 212 of the Constitution---Jurisdiction of Punjab Service Tribunal---Scope---Transfer order of the petitioner was part of terms and conditions of her service by virtue of Ss.3 & 9 of the Punjab Civil Servants Act, 1974---Being a civil servant, the petitioner at first was to avail the departmental remedy and it was the duty of public functionaries to decide the grievance of their subordinate after application of mind with cogent reasons within reasonable time---After availing departmental recourse, petitioner could resort to the remedy under S. 4 of the Punjab Service Tribunals Act, 1974, by filing appeal before the Tribunals, which could adjudicate the grievance of the petitioner under the law---Service Tribunal has ample power to decide the appeal of civil servant and vires of such issue comes under the ambit of Service Tribunal, thus, petitioner might have availed alternate remedies available to her under the law---Matter related to the terms and conditions of a civil servant, thus, transfer order was not required to be interfered by High Court---Constitutional petition being not maintainable was dismissed, in circumstances.

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