Stay Order Issued on E&SE Department Ministerial Staff Transfers in Khyber Pakhtunkhwa-Notification

Judicial Stay Halts Posting and Transfers in Elementary & Secondary Education KPK:

The Directorate of Elementary & Secondary Education, Khyber Pakhtunkhwa plays a vital role in overseeing the administrative functions and policies related to education in the province. A recent development regarding the posting and transfer of ministerial staff has emerged following a court-issued stay order. The Honorable Civil Judge-XX Peshawar, in response to a civil suit titled Muhammad Sareer vs. Chief Secretary Khyber Pakhtunkhwa & Others, has issued a ruling that suspends the operation of the impugned transfer orders issued by the Elementary & Secondary Education Department (E&SE). This stay order, dated 30^th January 2025, temporarily halts the implementation of the previous orders issued on 16^th January 2025 and their subsequent endorsement on 23^rd January 2025. As a result, the Directorate of E&SE has formally communicated this legal directive to all District Education Officers (Male & Female, including those in Newly Merged Districts – NMDs) to ensure compliance with the court’s decision. This notification serves as an official intimation of the legal proceedings and highlights the importance of adhering to judicial rulings while administrative matters are being resolved. The decision underscores the role of the judiciary in ensuring fair employment practices and protecting the rights of government employees, reinforcing the importance of due process in public sector governance. It also serves as a reminder to all relevant stakeholders to stay informed about legal developments and adjust administrative actions accordingly to maintain compliance with legal directives. Notification Describes;

REGISTERED

DIRECTORATE OF ELEMENTARY & SECONDARY EDUCATION
KHYBER PAKHTUNKHWA PESHAWAR.

No. 1721-91/F.No. A-23/MS/Tenure:2024-25

Dated: 07/02/2025

To

All the District Education Officers
(Male/Female including NMDs) Khyber Pakhtunkhawa.

SUBJECT:             POSTING/TRANSFER OF MINISTERIAL STAFE

Memo:

                              I am directed to refer to the letter No SO (AB) /E&SED/10-11/General/2024 dated 16/01/2025 of the Section Officer Assembly Business of E&SE Department and subsequent letter bearing Endorment No.8003-76/F.No. A-23/MS/Tenure/2024-25 dated 23/01/2025 of the Directorate E&SE on the subject cited above and to enclosed herewith a copy of the stay Order dated 30/01/2025, passed by the Honorable Civil Judge-XX Peshawar, in Civil Suit under titled Muhammad Sareer Vs Chief Secretary Khyber Pakhtuskhwha & Others, whereby the operation of the impugned order No. SO (AB) (E&SED/10-11/General/2024 dated 16/01/2025 and subsequent Endorment No.8003-76/F.No. A-23/MS/Tenure/2024-25 dated 23/01/2025, have been suspended by the Honorable court in favor of the plantiff (copy of the order attached )

                              Therefore, in view of the above made facts, the case under reference on intimation regarding the suspension of the operation of the order as referred above is hereby intimated for the favour of perusal and compliance please.

Enel: (court order)

Assistant Director (Admn)
Directorate of E&SE K.P. Peshawar

Conclusion:

The issuance of the stay order concerning the posting and transfer of ministerial staff in the Elementary & Secondary Education Department, Khyber Pakhtunkhwa, marks a significant legal intervention in the administrative decisions of the department. By suspending the enforcement of the impugned orders, the Honorable Court has temporarily halted any changes in ministerial staff positions, pending further legal proceedings. This decision ensures that the rights of affected employees are protected and that all administrative actions remain within the framework of legality. The Directorate of E&SE, through this notification, has fulfilled its duty by informing the relevant education officers across the province about the court’s ruling and ensuring its implementation in a timely and structured manner. Moving forward, all concerned officials must strictly adhere to the court’s directives until a final decision is reached. The situation also highlights the importance of legal oversight in governance, ensuring that policies and administrative decisions are subject to judicial review and accountability. It is now the responsibility of all District Education Officers to ensure compliance and avoid any actions that might contravene the court’s decision. As the case proceeds, further guidance from the Directorate of Elementary & Secondary Education and the judicial system will provide clarity on how the matter will be resolved. In the meantime, educational institutions and administrative bodies should maintain transparency and follow due process, upholding the principles of fairness and legal integrity in all personnel-related matters.

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