2011 PLP (C (PLC(CS))

HAFIZ ABDUL REHMAN ANSARI, J.

Petitioner Muhammad Qasim Ansari, Subject Specialist (Math.)/Head Master, Government Pakistan High School, Hussain Agahi, Multan, through this writ petition seeks setting aside of the order dated 12.10.2009, being illegal, passed by respondent No.2 Director Public Information, SE Punjab, Lahore, whereby he has been transferred and his services placed at the disposal of District Coordination Officer, Multan, and in his place Sajjad Hussain Khan, SST, Government Jamia-ul-Aloom High School, New Multan, has been adjusted.

2. Brief facts of the case, as narrated in the writ petition, are that the petitioner was serving as Head Master at Government Pakistan High School, Hussain Agahi, Multan in BPS-17; the respondent No.1 declared the post as erratic and appointed respondent No.5 Sajjad Hussain Khan and adjusted him against the said post of the petitioner vide the same order dated 12-10-2009; against the said order the petitioner filed a representation before respondent No.1 narrating that many other Head Masters were performing their duties against erratic posts, e.g. Abid Fareed, SS Math was holding grade-18 while he was appointed on the post of Gr-17. The petitioner requested respondent No.1 to adjust him in Comprehensive High School, Multan on Gr-17. His said representation was declined; he then moved an application to the District Coordination Officer, Multan form the same relief but nothing has been done.

3. In compliance with the orders of this Court, respondents Nos.3 and 4 have filed their report/parawise comments of the writ petition, wherein it is stated that the petitioner was promoted from the post of SST Gr-16 to the post of Subject Specialist Gr-17 by the Government of the Punjab, Education Department, Lahore vide Notification No.SO(S-IV)6-27/2007 dated 29-5-2009; that the petitioner was posted as Headmaster BPS-17 at Government High School, Sanbhal, Multan vide order dated 8-3-2008 and posted at Government Pakistan High School Multan as Headmaster BPS-17; that one Rana Wilayat Ali then posted as Deputy Headmaster Government High School Shujabad, District Multan filed an Appeal No.90/2009 with the Punjab Service Tribunal, Lahore, whereby he challenged the posting of the petitioner as Headmaster on the ground that he did not fulfil the condition of the Government rules of qualifying ten years service as Subject Specialist before he could be appointed as Headmaster, therefore, the Department vide endorsement dated 12-10-2009 transferred the petitioner from Government Pakistan High School, Multan and placed his services at the disposal of the DCO, Multan for further adjustment/posting. It is further contained in the comments that the appeal of the petitioner filed against the impugned order dated 12-10-2009 before' the Punjab Service Tribunal has been dismissed vide order dated 6-11-2009.

4. I have heard the learned counsel for the petitioner and perused the file. The petitioner was promoted from the post of SST Gr-16 to the post of Subject Specialist Gr-17 by the Government of the Punjab, Education Department, Lahore vide Notification dated 29-5-2009 and was posted as Headmaster BPS-17. He was posted at Government Pakistan High School Multan as Headmaster BPS-17. Against his said posting one Rana Wilayat Ali, then posted as Deputy Headmaster Government High School Shujabad, District Multan filed Appeal No.90 of 2009 in the Punjab Service Tribunal, Lahore, whereby he challenged the posting of the petitioner as Headmaster on the ground that he did not fulfil the condition of the Government rules of qualifying ten years service as Subject Specialist to be appointed as Headmaster, as such the Department vide endorsement dated 12-10-2009 transferred the petitioner from Government Pakistan High School, Multan and placed his services at the disposal of the DCO, Multan for further adjustment/posting. The appeal of the petitioner filed against the impugned order dated 12-10-2009 before the Punjab Service Tribunal has been dismissed vide order dated 6-11-2009. The impugned order is quite legal and it suffers from no infirmity. Therefore, the writ petition is dismissed. H.B.T./M-520/L Petition dismissed.