2011 PLP (C (PLC(CS))

(On appeal from the judgment, dated 25-9-2008 passed by the N.-W.F.P. Service Tribunal in Appeal No.806 of 2008). North-West Frontier Province Local Government Ordinance (XIV of 2001)

S. 30(3)

Constitution of Pakistan, Art.212(3)

Successive transfers

Scope

Respondent was Patwari who was transferred to three stations within a span of eight months

Service Tribunal accepted appeal filed by respondent Patwari and set aside his transfer orders

Validity

Successive transfers of respondent to three stations within a span of eight months were against posting/transfer policy of Provincial Government, which indicated that a government servant should not be transferred in ordinary circumstances, prior to completion of a period of three years at one place of posting

Transfer order of respondent was passed during ban period, prematurely under political influence, as copy of the same was sent to private secretary to Provincial Minister for Revenue

Tenure of posting of an officer or official of Government to a District Government was provided in S.30(3) of North-West Frontier Province Local Government Ordinance, 2001, as three years but any officer could be transferred earlier due to exigency of service or in public interest

Dispute raised in petition for leave to appeal related to an individual grievance and no substantial question of law of public importance was involved to warrant interference by Supreme Court under Art.212 (3) of the Constitution

Supreme Court did not find any illegality or infirmity in the judgment passed by Service Tribunal so as to justify interference by Supreme Court under Art.212(3) of the Constitution

Petition was dismissed. Zahid Akhtar v. Government of Punjab PLD 1995 SC 530; Muhammad Nasir Khan v. Secretary Education, Government of Punjab and others 2000 PLC (C.S.) 312; Abdul Haq v. G.M. S.N.G.P. Ltd. 2000 SCMR 925; Muhammad Binyamin v. WAPDA 1991 SCMR 382; Muhammad Azim v. Chief Engineer Irrigation 1991 SCMR 255; Muhammad Nawaz v. Divisional Forest Officer, Islamabad and 2 others 1982 SCMR 880; Arif Ghafoor v. Managing Director, H.M.C. Taxila and others PLD 2002 SC 13; Saboor Ahmad v. Managing Director, Sui Southern Company Limited and another 2002 SCMR 953 and Faiz Ahmad V. Deputy Postmaster-General, Lahore and others 1991 SCMR 368 rel. Qazi Muhammad Anwar, Senior Advocate Supreme Court and Arshad Ali Chaudhry, Advocate-on-Record for Petitioner. Hafiz S.A. Rehman, Senior Advocate Supreme Court, Haroon governance demands that efforts should be made to fill up the permanent vacant posts and vacancies within a reasonable period of time. Our constitutional and legal system attaches foremost importance to transparency and fairness in the administration of matters relating to appointment and career building of civil servants who are required to perform sensitive public duties strictly in accordance with law. There is no room for spoils system in our jurisprudence. This petition along with C.M.A. No.3449 of 2010 is disposed of in terms of directions contained in paragraph 18 of this judgment. M.H./S-35/K. Order accordingl