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1995 PLC (C.S.) 199

Mst. IFFAT NAHEED and another vs THE DISTRICT EDUCATION OFFICER

Citation1995 PLC (C.S.) 199
CourtLahore High Court
Case No.Writ Petition No 10210 of 1994
Date1994-09-05
Judge(s)Mian Ghulam Ahmad
ResultPetition dismissed

ORDER

' Iffat Naheed, petitioner No, 1, and one Najma Ara, who has not been arrayed as a respondent in the writ petition, have waged a pitched battle for posting as PTC teacher in the Government Taamir-i- Millat Primary School, Muridkey, Tehsil Ferozewala, District Sheikhupura. Education Minister, it seems, has been rendered ineffective in the whole process, as he has been changing his own orders, on being approached by either Iffat Naheed or Najma Ara, through political figures. This has happened a number of times. Eventually Iffat Naheed's mother, Shafqat JAI, who is Headmistress in the same school, has also been involved, and both of them have filed a joint writ petition, challenging the final order of their transfer, although obviously they had independent cause of action, if any. It appears that ultimately Najma Ara has emerged as victorious and has made the petitioners helpless. Manifestly they however cannot complain of exercise of political influence by their opponent, as they themselves have extensively and incessantly invited political interference in the matter.

2. Their counsel has surprisingly submitted that the impugned transfer order dated 7-8-1994 has been passed in their absence and further that no teacher could be transferred against his/her wishes. Would anybody, with an iota of common sense, lend ears to the assertion that the transfer order has to A be made during personal presence of the affected person, and if he/she does not want to be shifted, he or she will have permission of his superiors to remain at a particular place for years and decades.

3. Petitioner No, 2 states that she is a destitute widow, aged about 50 years, and is suffering from some ailment of the backbone, that has recently been operated upon, and she has been advised not to travel over long distances. Compassion however cannot be enforced through a writ petition.

Similarly, even if an order is politically motivated or is tainted with mala fides, it would still be immune from interference by this Court, as envisaged by Article 212 of the Constitution. Then, this is not the only remedy available to the petitioners, for redressal of their grievances, if any. They may approach the higher departmental authority, or may have recourse to the Service Tribunal. Writ petition plainly is not competent and is hereby dismissed in limine.

Cited by 1 case

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