1998 PLP (C (PLC(CS))

Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, a declaration has been sought for declaring the order dated 13-3-1998 passed by respondent No.l and issued by respondent No.2 to be mala fide, politically motivated and of no legal effect on the rights of the petitioner.

2. Briefly stated the facts are that petitioner was on the strength of Regional Administrator, Zakat and Ushr, Bahawalpur Region, Bahawalpur, which was controlled by Federal Government of Pakistan. His services were transferred to District Zakat Committee, Bahawalpur through letter dated 30-6-1997. In compliance of that order, petitioner joined his services through joining report dated 1-7-1997. On 19-7-1997, Federal Cabinet decided that Zakat and Ushr Department be provincialised. Accordingly, postings and transfers were ordered by the Administrator, Zakat and Ushr and Baitul Mal, Punjab, Lahore. However, the name of the petitioner was riot included for one reason or the other in the said list. The petitioner filed a representation to the Administrator, Zakat and Ushr, Punjab, Lahore on 15-9-1997, which was accepted and petitioner was transferred from Bahawalpur to Sahiwal vide order dated 18-10-1997. He left the charge on 20-10-1997 and reported for duty at his new place of posting on 23-10-1997. He was then transferred from Sahiwal to Khanewal on 13-11-1997 against the post of Assistant. He left the charge on 15-11-1997 and reported for duty at this new place of posting on 22-11-1997. Vide letter dated 24-2-1998, he was again transferred from Khanewal to Bahawalnagar. He left the charge on 25-2-1998 and joined at his new place of posting on 26-2-1998. Vide order dated 13-3-1998, the previous order of transfer dated 24-2-1998 was cancelled: hence, the instant petition.????

3. The contention of the learned counsel for the petitioner is that his client has been made scape-goat due to political victimisation at the instance of Abdul Waheed, Accountant District Zakat and Ushr Committee, Bahawalnagar. He next urged that all these transfers have been politically motivated, as Abdul Waheed respondent No. 6 has got the petitioner transferred from one place to other place by seeking the blessings of Chief Minister. In this respect he has referred to the endorsement on order dated 13-3-1998, whereby the order dated 24-2-1998 has been cancelled. His contention is that as the petitioner has been made a rolling stone, so the order dated 13-3-1998 be declared to be illegal, political motivated and of no consequence upon his rights. He further submitted that frequent transfers are violative of guidelines provided by the Apex Court of the country in Zahid Akhtar v. Government of the Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others (PLD, 1995 SC 530).

4. Conversely, the contention of the learned A.A.-G. is that instant writ petition is barred under Article 212(2) of the Constitution of the Islamic Republic of Pakistan. His contention is that petitioner was initially recruited as Cashier in BPS-7 in Federal Government. He was posted as Senior Clerk, Bahawalpur, from where he was transferred to Sahiwal and then to Khanewal. He was shifted from Khanewal to Bahawalnagar against the post of Accountant which was of BPS-11 and the petitioner being an official of BPS-7 could not be posted there. He contended that the petitioner moved an application on 8-10-1997 to the Chief Minister, Punjab, which was recommended by Mian Shaukat Ali Laleka, as is evident from copy of the same (Annexure D-1), on the basis of which order dated 14-10-1997 was passed, whereby his application was forwarded to Secretary, Ushr and Zakat Department, Government of Punjab. On the basis of said recommendation order dated 18-10-1997 was passed whereby petitioner was posted at Sahiwal. After his posting at Sahiwal, an application was moved by the Chairman, District Zakat Committee, Sahiwal, requesting the Administrator, Zakat and Ushr, Punjab, Lahore, that order of transfer of the petitioner be cancelled. Accordingly, the petitioner moved another application, for his transfer, to the Chief Minister and consequently, petitioner was transferred to District Zakat and Ushr Committee, Bahawalnagar. His posting was also not acceptable to Chairman, District Zakat and Ushr Committee, Bahawalnagar, who requested the Administrator, Zakat and Ushr, Punjab, Lahore, vide application dated 21-2-1998 for transferring him from there. It is on the basis of this application that the order of transfer dated 24-2-1998 was finally, cancelled vide order dated 13-3-1998. He further contended that the ' petitioner being a civil servant is debarred from agitating the matter through instant writ petition and relied upon Miss Rukhsana Ijaz v. Secretary, Education, Punjab and others (1997 SCMR 167), Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others 1,1997 SCMR 169) and Rafique Ahmad Chaudhry v. Ahmad Nawaz Malik and others (1997 SCMR 170).

5. From the facts stated above, it is clear that the matter in hand pertains to terms and conditions of service which exclusively falls within the ambit of Service Tribunal constituted for the said purpose. The jurisdiction of this Court has expressly been barred under Articled 212 of the Constitution of the Islamic Republic of Pakistan, 1973. 1n this respect reliance is placed on the authorities referred above. In the light of the facts stated above, it is obvious that instant writ petition is not maintainable, as such, the? same is hereby dismissed in limine. H.B.T./A-258/L ???????????????????????????????????????????????????????????????????????????????? Petition dismissed.