1993 PLP (C (PLC(CS))

Farooq Bedar, Addl. A.-G. for the Government. This order will dispose of W.P. No. 8256‑90 filed by Muhammad Siddique Chohan, W.P. No. 8257‑90 filed by Muhammad Iqbal and W.P. No. 8392‑90 filed by Muhammad Hussain Khailji.

2. The petitioners are teachers in Government Saleem Model High School, Urdu Bazar, Lahore. According to them, they made an application to the Secretary, Education Department, Punjab, Lahore on 19‑11‑1990 pointing out the illegalities committed by the Headmaster of their school whereupon an inquiry was ordered against him. Feeling aggrieved, he got them transferred from the said school vide order dated 30‑11‑1990 passed by Deputy Director, Admn. (Male) Directorate of Education (Schools), Lahore Division, Lahore.

3. The legality of the transfer orders is questioned on the ground that those were passed when there was complete ban on the transfers and was against the general policy of Education Department that the transfers should not be made at the end of the academic year. The transfer orders were also challenged on the ground of mala fides.

4. The learned Addl. Advocate‑General has contested the writ petitions on the ground that Article 212(1) of the Constitution of the Republic of Pakistan, 1973 bars invocation of writ jurisdiction in such matters. Dr. Abdul Basit, counsel for Headmaster, Saleem Model High School states that the petitioners were transferred on account of the complaints received against them for indulging in malpractices.

5. The transfer of a civil servant from one place to another is a normal incidence of service and no one has a vested right to serve at a particular place. Posting and transfer is a matter which relates to the terms and conditions of service and Article 212 bars interference by the Courts in such matters. The transfer orders were passed by the competent authority and no mala fides are attributed to him. Assuming for the sake of argument that the transfer orders were passed against the standing instructions, the same would not render them mala fide.

6. The impugned transfer orders were passed as back as 20‑11‑1990 and could not be implemented till date on account of the issuance of status quo order by this court on 27‑11‑1990 by my learned brother Ihsan‑ul‑Haq Chaudhry, J. The grounds urged by the petitioner that transfer orders were against the ban imposed by the Government on transfers and instructions that transfers should not be made at the end of academic year are not presently available to the petitioner.

7. For the foregoing reasons, there is no substance in the writ petitions which are dismissed accordingly.

8. Parties are left to bear their own costs. H.B.T./M‑955/L ???????????????????????????????????????????????????????????????????? ??????????? Petitions dismissed.