2001 PLC (C (PLP)

Appeal No. 1670 of 1997, decided on 4th September, 1997

Transfer

Civil servant who was due to retire from service on attaining age of superannuation, was transferred only about one year before his retirement

Civil servant had challenged his transfer contending that under transfer policy he was entitled to be posted at a station of his choice, but his request was turned down without giving any reason

Request of civil servant having been turned down by Authority without any plausible reason, Authority was not justified to transfer civil servant at its own sweet-will without taking into consideration choice of civil servant. Dr. Ehsan-ul-Haq Khan for Appellant. Syed Abbas Raza, District Attorney for Respondents. Date of hearing: 4th September, 1997. The appellant while posted as Chief Officer Municipal Committee Jhang was transferred vide order, dated 7-12-1996 and his services were placed at the disposal of Punjab Local Government Board of further posting. The department representation filed by the appellant was rejected on 21-5-1997.

2. I have heard learned counsel for the appellant and the learned District Attorney for the respondents. The learned counsel for the appellant contended that the appellant is retiring from service on attaining the age of superannuation on 31-12-1997, and therefore, under the transfer policy he was entitled to be posted at a station of his choice, but this request of the appellant has been turned down without giving any reason. Respondent No. 1 contested the appeal stating that the appellant is an officer of BS-16 but he was holding the post of Chief Officer Municipal Committee Jhang which is in BS-17. It is further stated that the appellant was subsequently posted as Deputy Chief Officer Zila Council Jhang on 9-12-1996. The learned District Attorney asserted that the grievance of the appellant has thus, been redressed as he has been adjusted at the same station. The learned counsel for the appellant has produced a Notification No.LCS (Admns.) 3(102)/81, dated 9th June, 1997 of the Local Government and Rural Development Department Government of the Punjab whereby the post of Deputy Chief Officer Zila Council Jhang has been abolished. The appellant, therefore, cannot be adjusted against the said post of Deputy Chief Officer Jhang. Admittedly the appellant is going to retire from 29-12-1997.

3. In the circumstances I find no justification for his transfer from Municipal Committee Jhang. Consequently this appeal is accepted and the impugned order, dated 7-12-1996 is set aside. H.B.T./553/ST/P Appeal accepted.