2007 PLP (C (PLC(CS))

FAKHAR HAYAT (MEMBER-V).

Brief facts as narrated in the memorandum of appeal- are that the appellant was selected by the Punjab Public Service Commission as Lecturer in English and is a permanent resident of Multan. Her real sister was also a Lecturer in English and had been serving at Government Girls College, Multan who left abroad for doctorate. The appellant submitted an application that she be transferred against the post vacated by her sister but her request was not acceded to inspite of various recommendations. The appellant is presently working in a female college at Shuja Abad and has to travel 100 k.m. daily through public transport. Her husband, an executive in the National Bank of Pakistan, permanent resident of Multan is also posted in Multan. She claims her posting at Multan on the basis of wedlock policy of the Government but vacancy of lecturer in English at Government. College of Home Economics at Multan was filled by the posting of respondent No.7 who was a contract employee. Letter, dated 15-5-2006 issued by the Education Department has been challenged by way of this appeal according to which request of the appellant for transfer to Multan had been considered by the competent authority and regretted for the reason that there was no vacant post of lecturer in English over there.

2. The appeal, has been opposed by the respondents. The main respondents (respondents Nos.1 and 2) contended that a civil servant is liable to serve any where at any post with the Government under section 9 of the Civil Servants Act, 1974. The appellant had no right to claim her posting at a station of her choice. It was further remarked that request of the lady will be considered as and when a vacant post in her field will become available in a female college at Multan. The respondent No.7 also contested the appeal that she was appointed against a vacant post in routine without affecting the rights of appellant.

3. Arguments advanced on behalf of the parties have been considered and record gone through.

4. Section 9 of the Punjab Civil Servants Act, 1974 reads that a civil servant is liable to serve anywhere in the Province. There is no vested right for an employee to claim her posting against a particular post or station. The wedlock policy for posting and transfer also enjoins that as far as possible the husband and wife would be posted at the same station if both of them are in Government service. The learned counsel for the appellant relied upon instruction of the Establishment Division according to which the wedlock policy had been extended to spouse even working with private sector. Be that as it may the question is that of availability of a post. The District Education Officer (C) Multan under his signatures on 30-10-2006 submitted that there was no vacant post of lecturer in English lying at any female college of Multan District. Similarly a certificate of like nature was also submitted today stating therein that no post of lecturer in English was lying vacant at any female college in Multan proper since 21-11-2006. hl these circumstances there is no Force in the appeal. The respondents Nos. l and 2 in their comments have already undertaken that the request of the appellant will be considered as and when a vacant post relevant to her subject will become available in female college at Multan. They are expected to honour their undertaking at proper time.

5. For what has been discussed above the appeal of the appellant is dismissed. H.B.T./18/PST Appeal dismissed.