2018 PLP (C (PLC(CS)N)

MUHAMMAD QASIM KHAN, J.

Through this writ petition, precisely the grievance of the petitioner is that while posted as Additional Principal Medical Officer, DHQ Hospital, Attock he was transferred and posted as Additional Principal Medical Officer, Nishtar Hospital, Multan vide Order No.SO(GC)M-129/2013 dated 2nd of January, 2015, but he is not being paid Transfer Grant.

2. The learned Law Officer under instructions submits that as the petitioner was transferred from Attock to Multan on his own request and in this respect his formal request for transfer is also available in the record, therefore, his transfer being not covered by the term "public convenience", per force of rule 3.1 "Travelling Allowance for Journeys on Transfer" Punjab Trevelling Allowance Rules, he is not entitled to get transfer allowance. 3 Heard.

4. Before evaluating the above argument of learned Law Officer, it appears appropriate to reproduce relevant rule 3.1 of "Travelling Allowance for Journeys on Transfer" Punjab Travelling Allowance Rules:- "3.1. General conditions of admissibility: Travelling allowance may not be drawn under this chapter by a civil servant on transfer from one station to another unless he is transferred for the public convenience and is entitled to pay during the period occupied by the journey. A transfer at his own request should not be treated, as a transfer for the public convenience unless the authority sanctioning the transfer, for special reasons which should be recorded, otherwise directs." As shall be seen from the above, there is no ambiguity that the travelling allowance cannot be drawn by a civil servant on transfer from one station to another unless he is transferred for the public convenience and that transfer at his own request should not be treated as a transfer for the public convenience, but this rule cannot be read in seclusion. For clarity of legal position, Rule 3.2 of the rules, ibid, is reproduced hereunder:- "3.2. When a civil servant is transferred otherwise than for the public convenience, a copy of the order of transfer shall be sent to the audit officer with an endorsement stating the reasons for the transfer. In the absence of such an endorsement the audit officer shall assume that the civil servant has been transferred, for the public convenience. In the case of subordinate civil servant a certificate from the head of the office may be accepted in lieu of the copy of the order referred to above."

5. When both the above reproduced provisions of law are read together, the situation would become clear i.e. when a civil servant would be transferred otherwise than for the public convenience, a copy of the said transfer order is to be sent to the audit officer with clear endorsement stating the reasons for such transfer and in case no endorsement is made in the order then for all intents and purposes it is to be construed as an order of transfer for public convenience alone.

5. With above clear legal position, mere existence of request of a civil servant for transfer would not mean that transfer has been made on such request, unless a specific endorsement in this respect figures in the transfer order itself. In the instant case although a copy of request for transfer on behalf of the petitioner has been brought on the file, but no such official note is available thereon, so as to say that it was positively routed to the transferring authority and that the transfer order was passed on the basis of said application alone. Whereas, admittedly neither any such endorsement has been made in the transfer order of the petitioner nor even certificate from the head of the office is available on the file. Therefore, the transfer order of the petitioner from Attock to Multan is necessarily to be construed as an order of transfer for the public convenience, as such, the petitioner cannot be denied Transfer Grant/Allowance on the eve of his transfer. It has been observed that petitioner is already on the verge of retirement, but he has been denied his right of Transfer Allowance since early 2015. As such, this writ petition is allowed with costs and respondent/authorities are directed to release the Transfer Allowance to the petitioner immediately. ZC/M-126/L Petition allowed.