2011 PLP (C (PLC(CS))

MRS. SYEDA TAHIRA SAFDAR, J.

The petitioners being aggrieved of order dated 22-1-2011, whereby they have been transferred from District Quetta, while posted at District Headquarter Hospital, Zhob, preferred instant petition with contention, that the order has been made in violation of Rules and Regulations, as well as in violation of decision dated 17-2-2003 of the Provincial Cabinet, Government of Balochistan. It is their contention, that ban has already been imposed on posting and transfer of officials as per directives of Chief Minister Balochistan contained in dated 28-9-2010, as such impugned order is also violative of the same. Furthermore, they (petitioners) have not completed the required two years period of posting, at a station, while petitioner No.2 has already completed six years as periphery at District Headquarter Hospital, Kohlu. It is further contended, that the order is made without any legal justification, incompetently made, and unjustified, thus liable to be withdrawn. Learned counsel for the petitioners while arguing the matter, mostly relied on the points raised in the petition. The perusal of documents attached with the petition reveals, that through notification dated 22-1-2011, the petitioners are transferred from Quetta to District Headquarter Hospital, Zhob, the order questioned before this court. The petitioners have also annexed decision taken by the Cabinet, thereby streamlining Transfer and Posting Policy in respect of Government servants, also annexed order dated: 28-9-2010, whereby ban has been imposed on posting and transfer of all grades in all Departments in the Province. The petitioners further annexed copies of the appeals submitted by them before Secretary, Government of Balochistan, Health Department, Quetta against order of their transfer. The petitioners are aggrieved of order, whereby they have been transferred and, posted from Quetta to Zhob. As per section 10 of Civil Servant Act, 1974, every civil servant is liable to serve anywhere within or outside the Province of Balochistan with exception that civil servant is recruited specifically to serve in a particular area or region. In view of mentioned provision of law, the petitioners, being civil servants, and during subsistence of their service, are liable to serve anywhere within, or outside the Province of Balochistan. No legal right exists in view of the same, except provided thereunder. The petitioners, though relied on Cabinet decision, whereby several measures were directed to be adopted by the concerned authorities, while making orders for postings and transfers of their men in service. Though it has been directed, as contained in dated 12-3-2003, that frequent postings and transfers should be avoided, while reasonable tenure of posting at a station be fixed i.e. at least two years. The petitioners based their claim on this clause. The petitioners in their petition asserted that petitioner No.1 has been transferred to his present post on 24-12-2009, while respondent No.2 has been posted on 10-9-2009, as such they have not completed the period of two years. The petitioners have not placed on record the mentioned orders. Both of them have served on present post for a period of more than one year. Though, as per cabinet decision as mentioned hereinabove two years period is considered as reasonable tenure, but no hard and fast rule can be made in same respect. Each case is to be seen in its own merits and circumstances. The petitioners are unable to establish that their case is covered by term frequent transfer and posting. They have also failed to show any mala fide on the part of concerned Authorities/respondents while making orders in their case. In the circumstances the petitioners have failed to make out any case in their favour. The petition, being merit less, thus liable to be dismissed, but as the appeals have already been filed by the petitioners, which are still pending before the concerned Authorities, it will be appropriate to direct the concerned Authorities to decide the same, in accordance with law in shortest possible time. This will meet the ends of justice. H.B.T./12/Q Petition dismissed.