2010 PLP (C (PLC(CS))

IQBAL HAMEED-UR-RAHMAN, J.

Through the present constitutional petition, Khan Muhammad petitioner calls in question the validity of the order dated 13-8-2009 passed by respondent No.2, whereby he was transferred from Government High School, Wasu Astana to Government High School Jaboana.

2. Briefly the facts of the case are that the petitioner, an EST Teacher, was inducted into Education Department as PTC on 2-12-1986, was promoted as EST on 16-3-2003 and since then he has been performing his duties at Government High School Wasu Astana District Jhang to the entire satisfaction of his superiors but suddenly he was transferred to Government High V School Jaboana through impugned order, hence the present petition.

3. Learned counsel for the petitioner submits that the impugned order is vague, unwarranted, mechanical, mala fide and without lawful authority and without any reason. He further submits that even none else has been posted in his place as the petitioner is being. victimized for political reasons as by-elections 'for the seat of MPA in the area are already scheduled and the Ex-MPA with a view to have posted the persons of his choice ,for the purpose of election duties in the constituency and apprehending that the petitioner being an honest and straightforward man will not obey his illegal demands, has managed his transfer by exerting pressure upon respondent No.2. He also submits that in the policy guidelines for transfer/posting in schools issued by the Government of the Punjab on 10-3-2009 it is clearly mentioned that transfer on severe administrative grounds only shall be admissible and respondent No.2 without keeping in mind the afore-said policy transferred the petitioner without visualizing the fact that there was neither any complaint against the petitioner nor any such severe administrative ground has been mentioned therein.

4. I have heard the learned counsel for the petitioner and have also perused the impugned order. It is settled law by now that the constitutional petition under Article 199 of the Constitution against an order transferring a Government servant from one place to another is not maintainable in view of the bar contained in Article 212 of the Constitution as the posting and transfer of a Government servant relates to terms and conditions of his service and in such like matters the Service Tribunal has the exclusive jurisdiction. The petitioner has not been able to show any document or any order whereby the petitioner had been posted as Presiding Officer or Polling Officer for the conduct of the by-elections in the constituency of the area, therefore, the argument raised by his learned counsel that the Ex-MPA has got the petitioner transferred from his constituency has no force at all. Even the petitioners has failed to point out any political victimization done to him for his transfer and simple narration of a paragraph in the petition does not establish any political victimization, as such, this Court has no jurisdiction to interfere in the transfer order of the petitioner.

5. For what has been discussed above, I am of the considered view that this constitutional petition is not maintainable and the same is hereby dismissed in limine. H.B.T./K-61/K Petition dismissed.