2016 PLP (C (PLC(CS))

MUHAMMAD SAJID MEHMOOD SETHI, J.

Through this petition, petitioner has sought the following relief from this Court: - "That the order dated 03.06.2015 is arbitrary, against law, therefore, may kindly be set aside by declaring the same to be illegal and unlawful having been passed without lawful authority and jurisdiction; further prayed that during the pendency of writ petition the operation of impugned order dated 03.06.2015 may kindly be suspended."

2. The case of the petitioner is that he was appointed as Junior Clerk in Revenue Department at District Rajanpur at the office of AIT Clerk Tehsil Rajanpur and was transferred to the post of Reader to Naib Tehsildar Jampur vide order dated 08.11.2012. The petitioner was transferred from the post of Reader to Naib Tehsildar Jampur to the post of Reader to Special Judicial 7'Magistrate vide order dated 21.07.2014. The petitioner was again transferred to the post of Reader to Naib Tehsildar after about four months of prior transfer order by withdrawing his earlier transfer orders dated 03.06.2015.

3. Contends that the petitioner has been transferred frequently i.e. more than four times within short space of time. This is not permissible under the law. His case is that the competent authority is District Collector/DCO Rajanpur/respondent No.1 but the respondent No.2 has passed the impugned order without any lawful authority. In support of his contentions, he relied upon (PLD 2013 SC 1, PLD 1995 SC 530, 2009 PLC (CS) 94, 2013 SCMR 1 and PLD 2013 SC 195).

4. Heard.

5. The transfer order of the petitioner pertains to terms and conditions of his service. This Court in the exercise of writ jurisdiction under Article 199 of Constitution of Islamic Republic of Pakistan, 1973, has no jurisdiction to entertain/adjudicate upon writ petition filed against his transfer, as held by the Hon'ble Supreme Court of Pakistan. Reference can be made to a case law titled "National Assembly Secretariat through Secretary v. Manzoor Ahmed and others" (2015 SCMR 253). Para 8 of the said judgment reads as under:- "

8. We have heard the learned counsel for the parties and have perused the record. Admittedly, respondent No.1 is a Civil Servant and, therefore, he could not have approached the High Court under Article 199 of the Constitution for redressal of his grievance, which pertained to the terms and conditions of his Service in view of the Bar created under Article 212(2) of the Constitution. The High Court, therefore, was not competent to adjudicate the issue raised in the Writ Petition. The High Court has fallen in error while proceeding on the erroneous assumption that respondent No.1 had raised the issue of violation of the statutory Rules, therefore, it was competent to decide the issues. This was an incorrect approach of the learned High Court to entertain the Constitution Petition of a Civil Servant on the ground of the statutory violation. Such grievances of a Civil Servant fall within the domain of Federal Service Tribunal as mandated by the Constitution."

6. When confronted with the above stated legal position, learned counsel for the petitioner, stated that he would be satisfied if a copy of this writ petition alongwith all its annexures is transmitted to respondent No.1 with the direction to treat it as a representation filed by the petitioner and decide the same strictly in accordance with law.

7. In view of the aforementioned request, let a copy of this writ petition alongwith all its annexures be transmitted to respondent No.1 With the direction to treat it as a representation filed by the petitioner and decide the same strictly in .accordance with law till 26.06.2015 under intimation to Deputy Registrar (Judicial) of this Court.

8. Till 26.06.2015 the operation of impugned order shall remain suspended and it shall automatically lapse thereafter.

9. The petitioner shall avail alternate remedies available to him against the impugned order/order to be passed, in accordance with law.

10. With above observations and direction, this writ petition is hereby disposed of. ZC/M-223/L Petition disposed of.