THE PETITIONER TO RELINQUISH THE CHARGE OF THE POST FROM OFFICE OF THE ASSISTANT DIRECTOR MINERAL DEVELOPMENT

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. ________-A/0000

 

In Re:

Name son of Name, resident of Name, P.O Name, Tehsil & District Name.

 

…PETITIONER

 

VERSUS

 

  1. of Khyber Pakhtunkhwa, through Secretary Name Department Khyber Pakhtunkhwa, City.

 

  1. Director General Department & Dpartment, Khyber Pakhtunkhwa, City.

 

  1. Assistant Director (Admin) Mines & Minerals, Khyber Pakhtunkhwa, City.

 

  1. Assistant Director Name Development City.

 

  1. District Accounts Officer, City.

 

  1. Assistant Director (Accounts), H/Q Office, City.

 

  1. Superintendent, H/Q Office, City.

…RESPONDENTS

 

WRIT PETITION UNDER ARTICLE 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN, 1973, SEEKING DECLARATION/ DIRECTION TO THE EFFECT THAT, PETITIONER WAS POSTED AS ASSISTANT IN OFFICE OF THE ASSISTANT DIRECTOR MINERAL DEVELOPMENT City AND WAS TRANSFERRED FROM City TO H/Q OFFICE, City, VIDE OFFICE ORDER ENDST. NO. DGMM/0/ 000/ADMIN/0000-00 DATED 00/00/0000 ISSUED BY RESPONDENT NO. 0 WITHOUT COMPLETING THE REQUISITE TENURE AT SAME STATION, WHICH IS ILLEGAL, UNLAWFUL, WITHOUT LAWFUL AUTHORITY, ARBITRARY, PERVERSE, DISCRIMINATORY, MALAFIDE AND CONSEQUENTLY OF NO LEGAL EFFECT UPON THE RIGHTS OF PETITIONER.

========================================

PRAYER: ON ACCEPTANCE OF THE INSTANT WRIT PETITION, THE IMPUGNED office order dated 00/00/0000 ISSUED BY RESPONDENT NO. 0 Month KINDLY BE SET-ASIDE AND RESPONDENTS BE GRACIOUSLY DIRECTED NOT TO COMPEL THE PETITIONER TO RELINQUISH THE CHARGE OF THE POST FROM OFFICE OF THE ASSISTANT DIRECTOR MINERAL DEVELOPMENT City. ANY OTHER RELIEF DEEMED FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE.

=========================================

 

Respectfully Sheweth;-

 

The facts giving rise to the instant petition are arrayed as under;-

 

 

  1. That, the petitioner was posted as Assistant in the Office of Assistant Director Mineral Development City. Copy of order is annexed as Annexure “A”.

 

  1. That the petitioner has served for 00 months with best of his ability for the entire satisfaction of his superiors.

 

  1. That vide office order dated 00/00/0000 issued by the respondent No.0 the services of the petitioner has been transferred from City to H/Q Office City. Copy of impugned office order dated 00/00/0000 is annexed as Annexure “B”.

 

  1. That faced with the unexpected situation, the petitioner requested the respondents for cancellation of impugned office order, which has not been considered.
  2. That feeling aggrieved of the afore-stated situation, the petitioner has now come to this Honourable Court with the instant petition in hand, assailing the impugned office order dated 00/00/0000 being unwarranted at law and facts, inter-alia, on the following grounds:-

 

 

GROUNDS;-

 

  1. That, the impugned office order dated 00/00/0000 as has been issued by the respondent No.0 is illegal, unlawful, without lawful authority, arbitrary, perverse, discriminatory, malafide and consequently of no legal effects upon the rights of petitioner.

 

  1. That the petitioner was appointed as Junior Clerk and was posted in Peshawar where he served more than 00 years, after that the petitioner was transferred and posted in different districts of Province. The petitioner was promoted as Senior Clerk and similarly was promoted as Assistant. Besides other districts of the Province, the petitioner has also served in District Name for a period of 00 years approximately and thereafter he was transferred from city to City where the petitioner served for 00 years. However, the basic cadre of petitioner i.e Development was changed and the services of the petitioner were transferred to Chief Inspector of Mines, whose promotion, seniority and budget is altogether separate from petitioner’s original cadre i.e Development. In this, the petitioner filed departmental appeal before the competent authority i.e the Worthy Secretary, which was accepted, but the respondent No.0 (Director General Miens & Minerals) implemented the decision of the appellate authority to the extent of change of department but the issue of petitioner’s seniority etc is still as it is, hence, the petitioner is still facing heavy financial and loss of career and mental/ physical agonies, and the juniors from petitioner become senior from petitioner . (Copies of appeal and medical record are appended as Annexure “C” & “D”). The petitioner was posted and transferred to Swat where he was served for 0 years. After completion of 0 year service at the same station, the petitioner was transferred to City.

 

  1. That, just after 0 months of issuance of transfer order of the petitioner from City to City, vide impugned office order dated 00/00/0000 the petitioner was again transferred from City to H/Q Office City without allowing him to complete his tenure, which is highly unjust, unfair and unwarranted.

 

  1. That it is well settled by now that Article 199 casts an obligation on the High Court to act in Aid of law, protect the rights of the citizens within frame work of the Constitution against infringement of law and constitution by the executive authorities, strike a rational compromise and fair balance between the rights of the citizens and action of the state functionaries, claimed to be larger interest of the society. A power is conferred on the High Court under the constitution and is to be exercised subject to constitutional controlled executive action so as to bring it inconformity with the law. Whenever, the executive acts in violation of the law an appropriate order can be granted, which will relieve the citizen of effects of illegal action. It is an omnibus article under which relief can be granted to the citizen of the country against infringement of any provision of law or of the constitution. If the citizen of this country are deprived of the guarantee given to them under the constitution, illegally or, not accordance with law then Article 199 can always be invoked for redress. Reliance placed on PLD 0000 SC 000.

 

  1. That tenure, posting and transfer; when the ordinary tenure for a posting has been specified in the law or rules made there-under, such tenure must be respected and cannot be varied except for compelling reasons, hence, the impugned office order is liable to be set-aside.

 

  1. That even otherwise, there was no lawful justification with the respondent No.0 to transfer the petitioner. Even if the respondents were desirous to facilitate respondent No.0, he could have been adjusted in some other District/ Office. This act of the respondents depicts malafide on their part. Hence, the impugned office order is liable to be set-aside.

 

  1. That, the respondent No.0 transferred/ posted the petitioner without mentioning any reasons, under political pressure, ignoring all the rules and regulations on the subject, only to accommodate their well wisher(s) and blue eyed, which is not only against the law/ rules on the subject but is in violation of Article 0, 0 and 0 of the constitution ibid.

 

  1. That the respondents have not treated the petitioner in accordance with law, rules and policy on the subject and acted in violation of Article-0 of the Constitution of Islamic Republic of Pakistan 1973 and unlawfully refused to promote the petitioner which is unjust, unfair, illegal, hence not sustainable in the eye of law.

 

  1. That under Section 00-A of General Clauses Act, 1897, where any authority is vested with the power to make any order, such power shall be exercised reasonably, fairly, justly and for the advancement of the purposes of the enactment under which the power is conferred but in the case in hand the power was not exercised as such, rather, the same was misused arbitrarily to the detriment of petitioner without any rhyme or reason, therefore, the impugned act of respondents is not legally maintainable. The act of respondents No.0 & 0 not to comply the directions/ decision of the Worthy Secretary Department (Respondent No.0) in true letter and spirit is again violation of law on the subject, contemptuous and is clear violation of relevant provisions of constitution ibid, due to which the petitioner has been deprived of his basic legal and fundamental rights.

 

  1. That it is inalienable right of every citizen to be treated in accordance with law and especially when placed in similar position with the other persons, thus, the impugned act being nullity in the eye of law is liable to be struck down.

 

  1. That the impugned notification if seen from any angle, both factually and legally is not maintainable, hence, liable to be set-aside.

 

  1. That there is no other efficacious, speedy or adequate remedy available to the petitioner except the instant constitutional petition.

 

  1. That the addresses of the parties are correctly mentioned in heading of writ petition.

 

  1. That the court fee stamp paper wroth of
    500/- is affixed.

 

  1. That notice of the instant writ petition has been sent to the respondents. Copies of notice and postal receipts are attached as Annexure “E”.

 

  1. That the other grounds shall be urged at the time of arguments with the leave of this Honourable Court.

 

It is respectfully prayed that on acceptance of the instant writ petition, the impugned office order dated 00/00/0000 issued by respondent No. 0 may kindly be set-aside and respondents be directed not to compel the petitioner to relinquish the charge of the post from office of the Assistant Director Development City. Any other relief deemed fit and proper in the circumstances of the case.

 

INTERIM RELIEF:

 

It is further prayed that operation of the impugned office dated 00/00/0000 may kindly be suspended/stayed, till final disposal of the main writ petition.

 

 

 

…PETITIONER

Through

Dated: _________/0000

 

(Name)

Advocate Supreme Court of Pakistan,

City

 

VERIFICATION:-

 

Verified on oath that the contents of foregoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court

 

…PETITIONER

 

 

 

 

 

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ________-A/0000

 

In Re:

 

Name son of Name, resident of Name, P.O Name, Tehsil & District Name.

 

…PETITIONER

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Development Department Khyber Pakhtunkhwa, City & others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

 

AFFIDAVIT

 

 

I, Name son of Name, resident of Name, P.O Name, Tehsil & District Name, do hereby solemnly affirm and declare that the contents of foregoing writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein from this Honourable Court.

 

DEPONENT

 

 

 

 

 

 

 

 

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ________-A/0000

 

In Re:

 

Name son of Name, resident of Name, P.O Name, Tehsil & District Name.

 

…PETITIONER

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Development Department Khyber Pakhtunkhwa, City & others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

 

CERTIFICATE

 

 

Certified that no such like writ petition has earlier been filed, nor decided by this Honourable Court. It is prayed that the titled writ petition may pleased be fixed before Divisional Bench of this Honourable Court.

 

It is further certified that notice of writ petition alongwith grounds of writ has been dispatched to the respondents.

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ________-A/0000

 

In Re:

 

Name son of Name, resident of Name, P.O Name, Tehsil & District Name.

 

…PETITIONER

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Development Department Khyber Pakhtunkhwa, City & others.

 

…RESPONDENTS

 

 

WRIT PETITION

 

 

LIST OF BOOKS

 

 

 

  1. Constitution of Islamic Republic of Pakistan, 1973.

 

 

  1. Other relevant law books shall be cited at bar.

 

 

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

Writ Petition No. ________-A/0000

In Re:

 

Name son of Name, resident of Name, P.O Name, Tehsil & District Name.

 

…PETITIONER

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Development Department Khyber Pakhtunkhwa, City & others.

…RESPONDENTS

 

WRIT PETITION

 

ADDRESSES OF THE PARTIES

 

Respectfully Sheweth:-

Addresses of the parties are as under:-

Name son of Name, resident of Name, P.O Name, Tehsil & District Name.

…PETITIONER

 

VERSUS

 

  1. of Khyber Pakhtunkhwa, through Secretary Development Department Khyber Pakhtunkhwa, City.
  2. Director General, Khyber Pakhtunkhwa, City.
  3. Assistant Director (Admin), Khyber Pakhtunkhwa, City.
  4. Assistant Director Mineral Development City.
  5. District Accounts Officer, City.
  6. Assistant Director (Accounts), H/Q Office, City.
  7. Name, Superintendent, H/Q Office, City.

 

…RESPONDENTS

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, city

BEFORE THE CITY HIGH COURT,

CITY BENCH

 

 

Writ Petition No. ________-A/0000

 

In Re:

 

Name son of Name, resident of Name, P.O Name, Tehsil & District Name.

 

…PETITIONER

 

VERSUS

 

 

Govt. of Khyber Pakhtunkhwa, through Secretary Development Department Khyber Pakhtunkhwa, City & others.

…RESPONDENTS

 

WRIT PETITION

 

INDEX

 

S.# Description Page # Annexures
1. Writ petition with affidavit and certificate 1 to 13  
2. List of Books 14  
3. Addresses of the parties 15  
4. Copy of order 16 “A”
5. Copy of impugned office order dated 00/00/0000 17 “B”
6. Copies of appeal and medical record and rules 18 to 25 “C” & “D”
7. Copies of notice and postal receipts 26 to 27 “E”
8. Court fee stamp paper worth of Rs. 500/- 28  
9. Wakalatnama 29  

 

 

 

…PETITIONER

Through

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

OFFICE OF NAME

Advocate Supreme Court of Pakistan, office at City

 

 

To

 

 

  1. of Khyber Pakhtunkhwa, through Secretary Development Department Khyber Pakhtunkhwa, City.

 

  1. Director General Khyber Pakhtunkhwa, City.

 

  1. Assistant Director (Admin) Khyber Pakhtunkhwa, City.

 

  1. Assistant Director Development City.

 

  1. District Accounts Officer, City.

 

  1. Assistant Director (Accounts), H/Q Office, City.

 

  1. Name, Superintendent, H/Q Office, City.

 

Subject:       NOTICE OF FILING OF WRIT PETITION.

 

 

On the advice of my client Name son of Name, resident of Name, P.O Name, Tehsil & District City, a writ petition is being filed before the Honourable City High Court, City Bench. A notice/ intimation of the same is being sent to you for information/ necessary action under the law. Copy of writ petition is attached herewith.

 

 

Dated: ____________/0000

 

(Name)

Advocate Supreme Court of Pakistan, City

 

 

CITY HIGH COURT, CITY BENCH

 

 

 

Advocate Detail

 

Full Name: Name

 

Father’s Name: Name

 

Date of Birth: 00/00/0000                                                  CNIC # 00000-0000000-0

 

Permanent Address:Name.

 

Present Address:      —As Above–

 

Email: han.asc@gmail.com                       District: Abbottabad

Mobile # 0000-0000000

License No. DC: bc-00-0000                                             Issue Date: 00/00/0000

License No. HC: 000-A                                                       Issue Date: 00/00/0000

License No. SC: _______________                                 Issue Date: 00/00/0000

 

 

MENTION YOUR PENDING CASES:

 

 

Case No. Petitioner Respondent
WP No. 000-A/0000 Name Department
WP No. 000-A/0000 Name Department
WP No.000-A/0000 Name Department
WP No.000-A/0000 Name Department
WP No.000-A/0000 Name Department
     
     

 

 

 

 

Signature: ________________

Author: admin