2007 PLP (C (PLC(CS))

IQBAL HAMEEDUR RAHMAN, J.

Through this writ petition, the petitioner seeks setting aside of the order, dated 26-9-2006 passed by respondent No.2 Executive District Officer (Education), Multan and also a direction to be issued to respondent No.2 to disburse the pay of the petitioner.

2. Brief facts leading to this writ petition are that the petitioner is a PTC teacher and was transferred from Government High School Bhaini to Government Middle School Raj Ghat, Multan on 4-7-2006. The petitioner was relieved on 5-7-2006. He reported at his new place of posting i.e. Government Middle School Raj Ghat, Multan but respondent No.4 Headmaster Government Middle School Raj Ghat, Multan did not allow him to join the school on the ground that there is no vacant post of PTC teacher in the school. The petitioner was not allowed to join his new place of posting nor his pay was released so he filed writ petition No.3937 of 2006, praying that either transfer order, dated 4-7-2006 be cancelled or in alternate he be allowed to join Government Middle School Raj Ghat enabling him to draw his salary. The same was dismissed on 27-7-2006. Thereafter, the petitioner moved an application to respondent No.2 Executive District Officer (Education), Multan, praying that his pay for the month of July, 2006 be released and that he was not allowed to join at Government Middle School Raj Ghat he be sent back and posted at Government High School Bhaini. On 8-9-2006, respondent No.2 Executive District Officer (Education), Multan cancelled his earlier transfer order, dated 4-7-2006. The petitioner approached respondent No.3 to join him at the Government High School Bhaini but he refused on the ground that Rai Mansib Ali Member Provincial Assembly and his son Rai Arif Town Nazim of Shah Rukn-e-Alam are very much annoyed with respondent No.2 that is why he has got cancelled the transfer order, dated 4-7-2006. On 26-9-2006, respondent No.2 Executive District Officer (Education), Multan, had withdrawn cancellation order, dated 8-9-2006, therefore, the petitioner has filed this writ petition against the said order.

3. It is contended by learned counsel for the petitioner that the petitioner is being made to suffer for no reason and the same is being done at the behest of Rai Mansab Ali, MPA and his son Rai Arif, Town Nazim, Shah Rukn-e-Alam who are very much annoyed with the petitioner and the petitioner was made shuttle cock between place to place and pillar to post but he was neither given duty nor posting at any of the places till to date nor has been paid his salary; that the withdrawal of order for cancellation of transfer dated 8-9-2006 after nineteen days through order, dated 26-9-2006 is without lawful authority having been passed in a short duration leaving the petitioner with no effective and efficacious remedy and that the petition is maintainable in view of the law laid down in the cases of Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development and 2 others PLD 1995 SC 530 and Syed Mazhar Hussain Bukhari v. Government of Punjab through Secretary, Local Government and Rural Development 1996 SCMR 59.

4. On the other hand, the learned A.A.-G. has contended that vide order, dated 4-7-2006, the petitioner was transferred, from Government High School Bhaini to Government Middle School Raj Ghat, Multan but as there was no vacancy in Government Middle School Raj Ghat, respondent No.2 adjusted him in Government Masjid Maktab School Raj Ghat through substitute order of the same number and date; that the petitioner is deliberately not joining the said school, where his salary is pending and that respondent No.2 while understanding the situation, withdrew the cancellation of the previous order and restored the order, dated 4-7-2006.

5. I have heard learned counsel for the petitioner as well as the learned A.A.-G. and perused the impugned orders as well as the comments.

6. The petitioner was initially transferred from Government High School Bhaini to Government Middle School Raj Ghat, Multan vide order No.8279/Admn. dated 4-7-2006. It was clearly stated in the order that the petitioner is being transferred as PTC teacher to Government Middle School Raj Ghat, Multan against a vacant post (Annexure "A"). Thereafter when he reported for joining at the said school, he was not allowed to join on the ground that no vacancy existed in Government Middle School Raj Ghat, Multan, although in the order dated 4-7-2006 it was stated that he is being posted against a vacant post in the said school. The petitioner in the circumstances, applied to respondent No.2 for sending him back to Government High School Bhaini, who after taking into consideration the above circumstances had passed the order dated 8-9-2006 after proper inquiry and cancelled the transfer order, dated 4-7-2006. Till the passing of the cancellation order by the Executive District Officer (Education), Multan/respondent No.2, there would have been no substitute order on the file. If any such substitute order of even number and date was present on the file, the Executive District Officer (Education), Multan respondent No.2 would never have issued the cancellation order, dated 8-9-2006 before passing the said order and would have directed the petitioner to join Government Masjid Maktab School Raj Ghat, Multan. This was not done instead he had issued the cancellation order, dated 8-9-2006. This shows that the substitute order is an afterthought and has been manipulated in order to pass the subsequent order, dated 26-9-2006 whereby the petitioner was transferred from Government High School Bhaini to Government Masjid Maktab School Raj Ghat, Multan, against a vacant post.

7. Moreover, the contention of the respondent that the salary of the petitioner will be paid through the Accounts Officer of Government Masjid Maktab School Raj Ghat does not bear with the facts because the petitioner's salary was paid through bank previously and credited in his bank account. The contention of the petitioner that he was not being paid his salary on this account is also correct. The petitioner is being unnecessarily put to inconvenience for no reasons and the same could be said to have been done malafidely.

8. Relying upon Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development and 2 others PLD 1995 SC 530, Syed Mazhar Hussain Bukhari v. Government of Punjab through Secretary, Local Government and Rural Development 1996 SCMR 59 and Akhlaq Ahmad v. Secretary to the Government of Punjab, Local Government and Rural Development Department, Lahore and 2 others 1998 SCMR 516, this writ petition is accepted and the impugned order, dated 26-9-2006 is set aside and respondent No.2 is directed to disburse the pay of the petitioner. H.B.T./M-81/L Petition accepted.