2012 PLP (C (PLC(CS))

SYED AKHLAQ AHMAD, J.

This writ petition is directed against the order dated 13-1-2011 passed by the Executive Dis1rict Officer (Education) Gujranwala/respondent No.2 whereby he transferred the petitioner from her present place of posting i.e. Government Girls Elementary School Khokhar Key, Gujranwala to G.G.P.S. Kot Khaliq Gujranwala.

2. Contents of the writ petition show that Sosan Munawar/ petitioner is serving as PTC teacher under the respondents since 1981. On 1-7-2002, she was transferred/posted at Government Girls Elementary School Khokharke, Gujranwala. Since then, she is performing her duty there. One Shahnaz Akhtar daughter of Haji Allah Ditta P.S.T who was serving in the said school and residing at Chak Jugna Sialkot Road was not coming to the school due to her serious ailment of Hepatitis-C. The said teacher applied for her retirement on medical ground and also submitted priority form in the school to surplus her. Due to this reason, the respondent No.3/Head Mistress of the said school wrote a letter to the District Coordination Officer/Gujranwala for adjustment of the petitioner in place of Shahnaz Akhtar in the said school. The petitioner also submitted an application to respondent No.1 along with recommendation of respondent No.3 and requested to adjust her in place of Shahnaz Akhtar P.S.T. The said application is still pending with him who has not decided the same up till now. Meanwhile the Executive District Officer (Education) Gujranwala/respondent No.2 transferred the petitioner from her present place of posting to G.G.P.S Kot Khaliq vide transfer order dated 13-1-2011. Hence, this writ.

3. Learned counsel for the petitioner contends that the petitioner is permanent resident of Aziz Colony, Khokhar Key, Gujranwala from where the present place of her posting is very near but respondent No.2 has transferred her at the place which is at a distance of 25-Km from her residence without any justification. She is an old age lady of 56 years having a bulky physic. She would face hardship in approaching the new place of posting. The request of her adjustment is still pending with respondent No.1 along with the recommendations of respondent No.3 in the presence of which the transfer order passed by respondent No.2 is illegal and without any authority. Seat of Shahnaz Akhtar is still vacant. The petitioner has also not relinquished the charge of her post. It is, therefore, prayed that the petitioner may be posted against the seat of Shahnaz Akhtar P.S.T.

4. After hearing the learned counsel for the petitioner and going through the documents available on the file, I find that in view of the "Rationalization Policy of P.S.T's (Phase-II) of the Government" and consequent upon the recommendations of the District Rationalization Committee, the competent authority approved the transfer of the petitioner along with 241 other teachers with shifting of their posts in the schools as mentioned against each vide order No. 255/A dated 13-1-2011 passed by the Executive District Officer (Education) Gujranwala.

5. There is no denying the fact that posting and transfer is a necessary feature of service and can best be judged by the authority under whom the person is serving. Independent of above, posting and transfer is outside the scope of constitutional jurisdiction of this court as enshrined in Article 212 of the Constitution of Islamic Republic of Pakistan 1973. In this regard reference can be made to the case of 'Mst. Hussan Aara v. Government of the Punjab and others' 2004 PLC (C.S.) 106 [Lahore] and 'Begum Asmat Azhar v. Punjab Government through Secretary Education and another' PLD 1987 Lahore

256. It has been laid down in case titled 'Dr. Younis Asad Shaikh v. Province of Sindh through Secretary Health Department, Government of Sindh' 2009 PLC (C.S.) 735 [Karachi High Court] that "posting and transfer being the term and condition of service of civil servant, the same cannot be challenged before the High Court in its Constitutional jurisdiction." According to 'Secretary to Government of Punjab Health Department Lahore and others v. Dr. Abida Iqbal and another' 2009 SCMR 61, "there was no fundamental right with regard to the posting, transfer or promotion as such."

6. In this view of the matter, the writ petition is not maintainable and the same is dismissed in limine. H.B.T./S-28/L Petition dismissed.