2011 PLP (C (PLC(CS))

SYED AKHLAQ AHMAD, J.

This writ petition is directed against the order dated 11-10-2010 passed by the Executive District Officer (Health) Tehsil and District Pindi Bhattian District Hafizabad/ respondent No.1 whereby an interchange order of transfer/posting between Muhammad Aslam Chowkidar BHU Ghabrika/petitioner and Muhammad Munawar Chowkidar BHU Pindi Dodhal/respondent No.3 has been ordered with immediate effect on administrative grounds.

2. Contents of the writ petition show that on 15-9-1985 Muhammad Aslam/petitioner was appointed as Chowkidar at BHU Ghabrika Tehsil Pindi Bhattian District Hafizabad. In the year 1996, within a span of 1-1/2 months, he was transferred to BHU Doratta and then to his original appointed place of BHU Ghabriak where he. worked as Chowkidar up till now. It is alleged that on 24-5-2010, he was transferred by E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad on interchange basis between the petitioner and Muhammad Munawar Chowkidar on account of malafide intention and ulterior motive of Shahid Hussain Bhatti M.P.A. On 15-7-2010, the said interchange transfer was recalled. On 6-8-2010 the same was allowed by E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad. On 27-8-2010 an order of E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad was delivered to the petitioner to continue the job of Chowkidar at BHU Ghabrika and to the extent of Muhammad Munawar Chowkidar to do the job at BHU Pindi Dhodhal. Lastly on 11-10-2010 E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad passed an order of interchange transfer on the recommendation of District Officer (Health) Tehsil Pindi Bhattian District Hafizabad/respondent No.2 in between the petitioner at BHU Pindi Dhodhal and Munawar Hussain at BHU Ghabrika/ respondent No.3. Hence, this writ.

3. Learned counsel for the petitioner contends that successive transfers of the petitioner to different stations within a short span of time speaks of mala fide and ulterior motive of Shahid Hussain Bhatti, local M.P.A. The petitioner's mother is an old age lady. There is no person to look after her. The transfer of the petitioner is also not justified as no complaint has been received by E.D.O. (Health) Tehsil Pindi Bhattian District Hafizabad against him.

4. After hearing the learned counsel for the petitioner and going through the documents available on the file, I find that the posting and transfer is a necessary feature of service and can best be judged by the authority under whom the person is serving. Independent of above, posting and transfer is outside the scope of the constitutional jurisdiction of this court as enshrined in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. In this regard reference can be made to the case of Mst. Hussan Aara v. Government of the Punjab and others 2004 PLC (C.S.) 106 [Lahore] and Begum Asmat Azhar v. Punjab Government through Secretary Education and another PLD 1987 Lah.

256. It has been laid down in case titled Dr. Younis Asad Shaikh v. Province of Sindh through Secretary Health Department Government of Sindh 2009 PLC (C.S.) 735 [Karachi High Court] that "posting and transfer being the term and condition of service of civil servant, the same cannot be challenged before the High Court in its Constitutional jurisdiction. " According to Secretary to Government of Punjab Health Department Lahore and others v. Dr. Abida Iqbal and another 2009 SCMR 61, "there was no fundamental right with regard to the posting, transfer or promotion as such."

5. In this view of the matter, the writ petition is not maintainable and the same is dismissed in limine. H.B.T./M-593/L Petition dismisse