2008 PLP (C (PLC(CS))

HAFIZ TARIQ NASIM, J.

This writ petition is filed with the prayer that the respondents be directed to issue the posting order of the petitioner in compliance with the order of respondent No.3, wherein the petitioner has been taken on deputation for a specific post at Toba Tek Singh and also to release the pay of the petitioner.

2. The learned counsel for the petitioner submits that despite hectic efforts, the petitioner is not being posted anywhere and resultantly she is deprived of her lawful right of salary.

3. The learned Assistant Advocate-General submits that the transfer and posting is outside the purview of this Court in view of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973, hence the writ be dismissed on this ground.

4. Arguments heard. Available record perused.

5. The departmental representative, who is present in the Court could not controvert the position about non-posting of the petitioner.

6. Ordinarily, the matter of posting and transfer is to be dealt with by the competent departmental authorities and is not to be made subject of a judicial review under Article 199 of the Constitution of Pakistan.

7. However, there is another important aspect of the impugned matter, which needs consideration.

8. The petitioner was transferred/deputed by the competent authority but she was left without any posting. In my view, the right of posting is a valuable right and is implicit in Article 3 of the Constitution posting on the fundamental principle from each according to his/her ability. Even under Article 2A of the Constitution that is to say the objectives resolution, the right of social justice has been granted.

9. Even in case titled Pakistan and others v. Public at Large and others PLD 1987 SC 304, it was held by the Honourable Supreme Court that right to work is very valuable right, which cannot be denied.

10. In a similar case of P.K. Chinnasamy v. Government of Tamil Nadu and others AIR 1988 SC 78 the Supreme Court of India took the view "every public officer is a trustee and in respect of the office he holds and the salary and the other benefits which he draws, he is obliged to render appropriate service to the State. The scheme postulates that every public officer has to be given some posting commensurate to his status and circumstances should be so as to render commensurate service in lieu of the benefits received by him from the State

it would ordinarily not be appropriate to continue an officer against a post and provided no work to him and yet pay him out of the Consolidated Fund."

11. Unfortunately, in the Federation and the Provinces of our country there is a common practice prevalent to keep the civil servants without posting as a measure of punishment and that too for considerable long periods by making them O.S.D. without getting normal work which otherwise is an abuse of executive power which must be discontinued by the Government. Keeping in view the facts of the present case, I hold that the petitioner has a legal right to be posted to a position commensurate to her rank/status with responsibilities without unnecessary delay.

12. Respondent No.1 is directed to pass appropriate order for the posting of the petitioner within a period of two weeks positively under intimation to the Deputy Registrar (Judicial) of this Court. The learned Assistant Advocate-General who is present in Court shall notify the order for its compliance. Writ petition is accepted in the above terms. H.B.T./M-52/L Petition accepted.