ZUBAIR AHMED vs PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat, Karachi art

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ZUBAIR AHMED VS PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat, Karachi art.199---Constitutional petition---Maintainability---Employment---Transfer of departmental codes and human resource---Non-transfer of a government servant amidst inter-departmental restructuring, challenge to---Claim for implementation of administrative summary---Whether such claim was amenable to constitutional jurisdiction---The petitioner was serving as assistant Director at the Rehabilitation Center for Physically Handicapped Children (RCPHC) since 05.08.2016---after the 18th Constitutional amendment, the Sindh Empowerment of Persons with Disabilities act, 2018 was enacted, under which rehabilitation centers and their related assets, codes, and human resources were to be transferred from the social welfare department to the newly established 'department for empowerment of persons with disabilities' (DEPD)---In 2020, a summary proposing transfer of various codes, including the petitioner's cost center SY450, to DEPD was approved---atransfer order listed two individuals from the petitioner's center as transferred, while the petitioner's name did not appear---The petitioner claimed administrative correspondence continued between officials regarding the implementation of the approved summary, and thereafter he filed the present constitutional petition seeking implementation of the summary and protection of his service position---Held: No writ was maintainable for the enforcement of administrative proposals, internal summaries, or inter-departmental communications that had not culminated in a final, notified decision---The Constitutional jurisdiction of the High Court under was limited to enforcement of vested legal rights and could not be invoked to compel the implementation of incomplete or discretionary administrative process---Mere movement or internal approval of a summary did not by itself confer any justiciable right capable of enforcement through constitutional remedies---Moreover, matters relating to the posting and transfer of government servants from one department to another fell within the exclusive domain of the executive and are governed by administrative policy and discretion---Unless such action was shown to be discriminatory, mala fide, or in violation of statutory rules, the same could not be made subject to judicial review---In the present case, the petitioner had not demonstrated any legal entitlement to be transferred, nor had he pointed to any rule or notification creating a vested right in his favour---The Court could not substitute its judgment for that of the competent authority in such matters, particularly when no final order or notification had been issued---Constitutional petition, being devoid of any enforceable legal right and involving disputed questions was not amenable to writ jurisdiction and same was not maintainable under art. 199 of the Constitution---accordingly, the petition stood dismissed.

ZUBAIR AHMED vs PROVINCE OF SINDH through Chief Secretary, Sindh Secretariat, Karachi art — 2026 PLC(CS) 116 KARACHI-HIGH-COURT-SINDH

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