1996 PLP (C (PLC(CS))

Tariq Muhammad lqbal Chaudhary for Petitioner. Mst: Tahira Parveen a School Teacher by profession has been transferred from the Government Girls Primary School in. Chak No: 137/9‑L of Sahiwal District to the Government Girls Primary School in Chak No.129/9‑L also in Sahiwal District by the District Education Officer (Women) (Elementary Education), Sahiwal' (respondent No. 1) vide Order dated 6‑2‑1996 which is assailed by, the petitioner through this Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan on the ground that the order is hars4 and has resulted in a great inconvenience to the petitioner. Reliance in this, context is placed upon the case of Syed Mazhar Hussain Bokhary v. Secretary, Government of' Punjab 1996 SCMR 59 in which their Lordships of the Supreme Court were pleased to grant leave to appeal to consider the question. of repeated transfers of a civil servant within a short span of few months. As is the practice in the Supreme Court of Pakistan, their Lordships while granting leave to appeal were also pleased to suspend the operation of the impugned order till further orders.

2. Subject to what decision their Lordships are pleased to make in the abovementioned case, regarding postings and transfers of a civil servant, the law as it stands presently is to the effect that these maters are necessarily a part of the exigencies of service and are not justiceable stricto senso in the Constitutional jurisdiction of this Court. This principle was clearly enunciated in the case of Iqan Ahmad Khurram v. Government of Pakistan and others PLD 1980 SC 153, wherein their Lordships were also pleased to take notice of Article 212 of the Constitution of the Islamic Republic of Pakistan.

3. The effect of the ouster clause and the ouster of jurisdiction of High Court in service matters under Article 212 of‑ Constitution of the Islamic Republic of Pakistan, 1973 was again considered by their Lordships in the case of Abdul Wahab Khan v. Government of the Punjab and 3 others PLD 1989 SC 508. '

4. The same view has been followed by the Supreme Court in the case of Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others (PLD 1995 SC 530). I mention with great respect that this view has been followed by this Court in the case of Mrs. Zeb Mazhar Ali Bhatti v. Government of Punjab through Department of Education, Lahore and 3 others 1995 PLC (C.S.) 831 (Multan Bench).

5. The matter of appointments, postings, promotions and transfers was examined at great length by their Lordships of the Supreme Court in the case of Zahid Akhtar v. Government of Punjab through Secretary, Local Government and Rural Development, Lahore and 2 others PLD 1995 SC 530 and their Lordships were pleased to observe in the context of good governance that a Government servant's repeated transfers from one place to another in a span of few months by the order of Minister concerned and carrying out of such orders obediently by the Secretary of the Department concerned was highly undesirable and their Lordships were further pleased to formulate guideline of the policy of the Government relating to the transfers of Government servant. However, the impugned order itself was not struck down as being without lawful authority and the petition was dismissed as not maintainable.'

6. There is no merit in this petition which is dismissed in limine. A.A./T‑2/L?????????????????????????????????????????????????????????????????????????????? Petition dismissed.