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2010 PLC (C.S.) 1468

UZMA NAZIR vs SECRETARY, EDUCATION PUNJAB LAHORE and 4 others

Citation2010 PLC (C.S.) 1468
CourtLahore High Court
Case No.Writ Petition No,23614 of 2009
Date2010-04-30
Judge(s)Sh. Azmat Saeed
ResultPetition dismissed

ORDER

' SH. AZMAT SAEED, J.--- This constitutional petition is directed against the order dated 7-12-2009 passed by respondent No,l.

2. Brief facts necessary for adjudication of the lis at hand are that the petitioner was employed as Primary School Teacher on 30-9-2002. On 14-10-2009 she was transferred to a Primary School at Joharabad, District Khushab instead of private respondent No,5. Subsequently, the said transfer was cancelled, vide the impugned order, dated 7-12-2009. It is the case of the petitioner that the order of cancellation of transfer was a result of political interference on the instructions of the Chief Minister of the Province.

3. On direction of the Court, report and parawise comments have been filed by the department, wherein it is stated that respondent No,5 was transferred from the school on account of her being not available thereat and in her stead the petitioner was transferred. However, on representation of said respondent No,5, an inquiry was conducted and as a consequence whereof the transfer of respondent No,5 was cancelled. Consequently, the transfer of the petitioner was also to be cancelled. It is denied that the matter is the result of any political interference. In response, the learned counsel for the petitioner states that the matter has been done at the recommendations of the local MPA. In this behalf, he has referred to a letter dated 2-1-2009 issued by the Deputy Secretary, Assembly. The letter in question has been examined. Though, it refers to an MPA but it merely directs an inquiry be conducted in the matter. The inquiry appears to have been conducted. In the facts and circumstances of the case, the said transfer cannot be interfered with by this Court in its constitutional jurisdiction. Even otherwise, this Court does not ordinarily interfere in such-like matters.

4. In this view of the matter, the relief as prayed for cannot be granted by this Court. This petition is dismissed accordingly. However, the Secretary Schools is directed to look into the matter and see if the petitioner can be accommodated nearest to her place of residence, which appears to be the real issue.

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