MUHAMMAD IMRAN IRSHAD vs GOVERNMENT OF PUNJAB through Chief Secretary S — 2026 PLC(CS) 871 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2026 PLC(CS) 871 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2026
Reporter: PLC
Parties: MUHAMMAD IMRAN IRSHAD vs GOVERNMENT OF PUNJAB through Chief Secretary S
Subject matter: Constitutional
Provisions referred to: S. 186---P; Punjab Local Government Act (LXXX of 2025); Punjab Local Government 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

MUHAMMAD IMRAN IRSHAD VS GOVERNMENT OF PUNJAB through Chief Secretary S. 186---Punjab Local Government Act (LXXX of 2025), Preamble--Constitution of Pakistan, Art. 199---Local government employee---Transfer within same department---Short-tenure posting---Reliance on repealed tenure-protection provision---Absence of saving clause---Effect---Interference in constitutional jurisdiction---Petitioner, a Building Inspector, was transferred within eight days of his posting from one place to another---He challenged the transfer on the ground of violation of statutory tenure protection under the Punjab Local Government Act, 2022---Pivotal question requiring determination was whether protection of tenure under a repealed statute could be enforced after its substitution by a new law lacking such protection?---Held: Admittedly, the new enactment did not contain any provision granting a fixed or minimum tenure to officers of local governments---In absence of any statutory protection under the prevailing law, the petitioner could not claim, as a matter of right, to remain posted at a particular place for any specified duration---Transfer is an incidence of service and no civil servant or government employee has a vested right to remain posted at astation of his choice---Mere fact that the petitioner was transferred within a short span of time, by itself, did not render the order illegal, particularly when no statutory tenure protection existed under the law then in force---Judicial review in transfer matters is confined to cases where the order is shown to be without lawful authority, tainted with mala fide, passed on extraneous considerations or in violation of any statutory provision---Constitutional petition was dismissed, in circumstances.

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