2010 PLP (C (PLC(CS))

IQBAL HAMEED-UR-RAHMAN, J.

The petitioner through the instant petition impugns the order dated 27-7-2009 to be declared as illegal, unlawful, mala fide, void and in violation of rules/policy and passed under political influence and has no legal effect.

2. Brief facts which are required for the determination of this writ petition are that the petitioner was transferred and posted in place of respondent No.2 vide order dated 13-4-2009. The petitioner joined the duty thereafter within a period of four months respondent No.2 was posted back on 27-7-2009. It is further stated that during this period there has been no complaint against the petitioner nor any adverse report has been made by any concerned quarter. It is further stated that the petitioner is a matriculate while respondent No.2 is under matric; that respondent No.2 is a class-IV servant in B.S-2 while the petitioner is in B.S-5. It is further stated that respondent No.2 remained posted for almost 10 years as copying clerk and record keeper w.e.f. 13-4-2004 to 13-4-2009 and the same was against the normal tenure transfer policy in which after three years he was to be transferred as such posting back the respondent No.2 in place of the petitioner was not in exigency of service but on political influence. The conduct of respondent No.2 is that an F.I.R. was lodged against him for producing a fake matriculation certificate as such there was no legal justification for passing the order dated 27-7-2009 and the said order is illegal, void and in violation of rules/policy and passed in political influence.

3. It is contended by learned counsel for the respondent No.2 that post of record keeper is not a designated post. Moreover, the instant writ petition is not competent as both the petitioner and respondent are civil servants, therefore, bar of Article 212 Constitution of Islamic Republic of Pakistan is attracted to the instant case as the transfer falls within the terms and conditions of the service. Even otherwise, the august Supreme Court has held that in such like circumstances, even if mala fide order is passed the same is not to be interfered under the constitutional jurisdiction of this Court and in this regard reliance has been placed on Peer Muhammad v. Government of Balochistan through Chief Secretary and others 2007 SCMR 54.

4. Learned Additional Advocate-General while adopting the arguments of learned counsel for respondent No.2, states that this writ petition is not maintainable as well as under section 10 of the Civil Servants Act, 1973 and also section 9 of the Punjab Civil Servants Act 1974 every civil servant is liable to serve any where within or outside Pakistan on any post and no policy whatsoever can override the mandatory provisions of statues or rules.

5. Admittedly, the petitioner has challenged the transfer order dated 27-7-2009 through the instant writ petition. The petitioner has not been able to show or establish that the same has been made on account of any political influence. Moreover, the same falls within the terms and conditions of service in which there is a bar under Article 212 of Constitution of Islamic Republic of Pakistan as such this Court has no jurisdiction to entertain the instant matter for which the petitioner has adequate remedy under section 4 of the Punjab Service Tribunal Act, 1974. In the such like circumstances, reliance is placed on Peer Muhammad v. Government of Balochistan through Chief Secretary and others 2007 SCMR 54.

6. This writ petition has no merits, the same is dismissed being not maintainable. H.B.T./G-34/L???????????????????????????????????????????????????????????????????????????????????? Petition dismissed.