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1991 PLC (C.S.) 1150

Mst. ZUBAIDA PARVEEN vs DEPUTY DISTRICT EDUCATION OFFICER

Citation1991 PLC (C.S.) 1150
CourtLahore High Court
Case No.Writ Petition No, 2052 of 1990
Date1990-11-25
Judge(s)Muhammad Munir Khan
ResultAppeal dismissed

ORDER

' Through this Constitutional petition, Mst. Zubaida Parveen, petitioner, seeks declaration to the effect that the order of her transfer dated 28-10-1990 and its implementation on 1-11-1990 by the Deputy District Education Officer, (Women), respondent No, 1 are illegal, without lawful authority and of no legal effect.

2. The petitioner was appointed as a teacher at Government Girls Primary School, Chak No, 121/9-L, District Sahiwal. Later on, she was shifted to Government Girls High School, Chak No, 120/9-L, under the orders of Education Minister. As approved by the Chief Minister, Punjab, vide his order dated 28- 10-1990, she was again transferred to Government Girls Primary School, Chak No, 121/9-L on 1-11- 1990 by the Deputy District Education Officer (W), Tehsil Sahiwal. Hence this petition.

3. The learned counsel for the petitioner submitted that the Chief Minister, Punjab, had no authority to approve/disapprove the transfer of a school teacher, that the impugned order is based on mala fides because Hafiz Muhammad Iqbal, a first cousin of the petitioner, had contested election against Malik Jalal-ud-Din a candidate of I.J.I.

4. I have considered the matter carefully. I do not feel persuaded to agree with the learned counsel for the petitioner. There is no satisfactory proof of the mala fides on the part of the respondent in the matter of the transfer of the petitioner. The Chief Minister of a Province being the Chief Executive, it cannot be said that he had no authority to approve or disapprove the transfer of a teacher employed in the Province. The learned counsel for the petitioner has not been able to lay hands on any provisions of law/case law, in support of his contention. Furthermore, the petitioner is liable to be transferred anywhere in the Province. She cannot claim her posting at a particular place as a matter of her right. The impugned order does not suffer from any jurisdiction defect.

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