2015 PLP (C (PLC(CS))

MUHAMMAD IBRAHIM SUMALANI (MEMBER-I).

The above named appellant has filed the instant appeal under section 4 of the Balochistan Service Tribunal Act, 1974, against the impugned order dated 21-2-2014 issued by the respondent No.3 (Secretary Admin: Board of Revenue) Balochistan, Quetta.

2. The appellant along with his counsel are present. The counsel stated that the appellant was posted as Naib Tehsildar Liari District Lasbella vide orders dated 1-1-2014, but within a period of less than three (3) months i.e. on 21-2-2014 he was transferred and directed to report to the office of Commissioner Kalat Division vide impugned order dated 21-2-2014. He contended that transfer is illegal, arbitrary, mala fide as the frequent transfer/posting of the appellant is in violation of Rules of Business and judgment of the Hon'ble Supreme Court of Pakistan passed in C.P.No.23/2012, wherein inter alia ordered that the transfer of civil servants shall not be made in violation of the service rules and consequently worthy Chief Secretary Balochistan summarized the important points and guidelines and conveyed to the all concerned to strictly follow the relevant laws, regulations and policies of the Government vide circular dated 13-12-2013. He further contended that despite of clear directions as pointed out above, the respondent No.2 (Senior Member, BOR) has issued premature transfer of the appellant, which is not only violation of the above cited order of the Hon'ble Supreme Court of Pakistan, but is repugnant to the principles, and norms of justice, which caused serious injustice to the appellant.

3. The learned counsel for the appellant prayed that the impugned order may be set aside on the following grounds:

A. That the order dated 21st February, 2014 is violative of law and is repugnant to all norms of justice. B. That the appellant has been ordered to be posted in sheer violation of law and in disobedience of the orders passed by the Hon'ble Supreme Court of Pakistan and the respondent No.1. C. That the legal safeguard to protect the civil servants and their rights arising out of their services as envisaged in law as well as through policies/rules of the Government and they should be allowed to perform their obligations in accordance thereof. D. That the transfer/postings are always based on management practice in accordance with letter and spirit of applicable laws, rules, regulations and instructions and if divested the result shall discourage the government servants in performing their obligations, which are protected under the laws and no order can be passed on account of any flimsy grounds/reasons or due to any irksome consideration except the merits, otherwise the same being void/meritless cannot be sustained. E. That the impugned order, which bears incorrect date as 21st February, 2013 is mala fide, which has been passed without giving any consideration to the track service of the appellant, who since years has not been allowed to remain at one place for the period specified under the law to serve with satisfaction by a government servant."

4. The counsel for appellant prayed that the impugned order dated 21-2-2014 be set aside and to allow the appellant to continue as Naib Tehsildar, Liari District Lasbella.

5. The learned A.A.-G. (Mr. Muhammad Saleem Baloch) appeared and stated that it is a settled law that a civil servant cannot claim posting at a particular station or at a place of his choice. The competent authority under section 10 of the Civil Servants Act, 1974 is empower to transfer a civil servant from one place to another at any time in the exigencies of service or on administrative grounds, therefore, the appeal is not maintainable deserves to be dismissed.

6. The learned counsel for the respondent No.5 (Mr.Jaffar Raza Khan, Advocate) appeared and stated that the appeal is premature because the appellant has not availed the opportunity of departmental appeal/representation, and even he (appellant) is a junior and also has not passed the departmental examination for the post of Naib Tehsildar, therefore, without qualifying departmental examination he is not entitled to serve as Naib Tehsildar in accordance with the Naib Tehsildari Service Rules, 1980. The appellant has neither completed the training, nor produced any certificate to this effect. He contended that the respondent No.5 has already taken the charge of the post of Naib Tehsildar Liari on 28-2-2014, hence the appeal is infructuous. He further contended that the transfer and posting of the appellant has been issued with the prior approval of the competent authority hence it cannot be challenged.

7. The counsel prayed that the appeal being premature and having no merit may be dismissed and to allow the respondent No.5 to continue as Naib Tehsildar Liari.

8. Parties heard and perused the record thoroughly, wherein it has found that the appellant has most of his service period has spent in Districts Lasbella and Khuzdar of Kalat Division and has never served out side in the other Districts of the Province, and yet is desirous to serve as Naib Tehsildar Liari District Lasbella, as is evident from the following transfer/postings:-- From To 12-5-2011 Qanungo Tehsil Office Gaddani. Qanungo, Saddar Circle Tehsil Lakhra. 30-7-2011 Qanungo Tehsil Lakra. Attached as Qanungo Tehsil Gaddani. 11-10-2011 Qanungo Tehsil Gaddani. Naib Tehsildar Wadh Distt: Khuzdar. 27-9-2012 N/T Wadh District Khuzdar N/T Uthal District Lasbella 21-2-2013 N/T Liari District Lasbella Services placed at the Disposal of Commissioner Kalat Division. 2-8-2013 N/T Uthal District Lasbella Services placed at the disposal of Commissioner Kalat Div: 28-10-2013 Office of Commissioner Kalat Division. N/T Liari District Lasbella. 1-1-2014 Office of Commissioner Kalat Division N/T Liari District Lasbella 21-2-2014 Naib Tehsildar Liari District Lasbella. Service placed at the Disposal of Commissioner Kalat Division.

9. It has also been revealed from perusal of record that although the respondent No.5 (Mr. Muhammad Ayoub) is a Naib-Tehsildar (BS-14), but due to his influence, he get postings of his choice i.e. on 5-3-2011 he was posted as Tehsildar BS-16, Dureji on Current Charge Basis, thereafter on his transfer from Dureji and he was posted as Tehsildar Winder, District Lasbella with additional charge of the post of Dureji District Lasbella vide order dated 4-9-2012. On his transfer from Winder on 2-1-2013 he was posted as Naib Tehsildar Wadh District Khuzdar, but within thirteen (13) days i.e.on 15-1-2013 he get his posting as Naib Tehsildar Hub District Lasbella. Thereafter, on 10-9-2013 his services were placed at the disposal of Commissioner, Kalat Division and lastly on 21-2-2014 he has been transferred and posted as Naib Tehsildar Liari District Lasbella.

10. The perusal of record shows that the appellant (Mr.Muhammad Essa) and respondent No.5 (Mr.Muhammad Ayoub) remained posted at District Lasbella and Khuzdar, Kalat Division more than their normal tenures, therefore it would not be justified to again allow them to remain posted at District Lasbella Khuzdar, Kalat Division.

11. In view of the above discussion, the appeal is dismissed having no merits and the impugned order dated 21-2-2014 is hereby set aside with the direction that both the appellant (Mr.Muammad Essa Shahook) and respondent No.5 (Mr.Muhammad Ayoub) be posted in other districts of the Province other then Kalat Division in accordance with their grade and scales.

12. The stay order dated 11-3-2014 is recalled. HBT/9/BST Appeal dismissed.