HAFIZ TARIQ NASIM, J.-This writ petition is filed against order dated 22.5.2008 whereby the petitioner is transferred and directed to report at Agriculture Marketing Wing, Agriculture Department for further posting and simultaneously in the same order respondent No. 3. Muhammad Ishaq is posted as Secretary, Market Committee, Kot Lakhpat, Lahore vice the petitioner. The learned counsel for the petitioner submits that according to the Rule 65 of the Punjab Agricultural Produce Markets (General) Rules, 1979 Markets Committees in the Province have been classified and notified in the official Gazette by the Government on the basis of their average annual income under heads "Market Fee" and "Licence Fee" during the last three years as follows:- "(A). A market committee with annual income of Rs. 8 lacs or above.
(B) A market committee with an annual income of more than Rs. 4 lacs and less than Rs. 8 lacs.
(C) A market committee having an 'annual income of less than Rs. 4 lacs.
(4) That under Rule 70 of the Punjab Agricultural - Produce Markets (General) Rules, the persons having the qualification or specific grade are to be appointed in the market committee as prescribed in Schedule "A" and according to Schedule "A", Secretary of the market committee "A" class must be of BS-17, market committee "B" class of BS-16 and market committee "C" class of BS- 15."
2. Adds that the petitioner being in BS-17 was posted, as Secretary, Market Committee in "A" class market where the petitioner was eligible to be posted. However, respondent No. 3 who is of BS-15 and could only be posted against Market Committee "C" class was posted through the impugned order on political motivation and extraneous consideration which , has caused a serious prejudice to the petitioner's case.
3. The learned Assistant Advocate-General, Punjab,. Lahore assisted by the department representative supports, the impugned action of the department and submits that the petitioner cannot ask a particular posting as a matter of right whereas respondent No. 3 being an experienced Secretary despite of BS-15 was posted against the post of BS-17 which cannot causa a prejudice to any one.
4. Argument heard record perused.
5. So far the petitioner's claim of posting/transfer is concerned, there is no cavil from the contention of the learned Assistant Advocate-General, Punjab, Lahore that the petitioner cannot ask a posting of his own choice as a matter of right but the fact remains that only to accommodate an ineligible blue-eyed any eligible officer/employee cannot be disturbed from his place of posting and that too without a further posting. When confronted with the situation the departmental representative makes a statement that "the petitioner shall be posted in his corresponding scale in the light of the provisions of the Punjab Agricultural Produce Market Ordinance, 1978 and the rules framed thereunder which otherwise a endorsed in para-11 of the reply submitted by the Special Secretary, Agriculture Marketing Department, Government of the Punjab."
6. In view of this categorical statement/comments, it is held that the petitioner who is admittedly a Secretary in BS-17 has a lawful right to the posted against a corresponding post of BS-17 as Secretary, but simultaneously the petitioner cannot insist for posting of his own choice which otherwise is the domain of the departmental authorities who are supposed to exercise their jurisdiction in a transparent manner particularly without getting influenced from aby extraneous pressure.
7. So far the posting of respondent No. 3, is concerned, it transpires from the record that respondent No. 3 exerted political pressure of the Chief Minister, Punjab for his appointment/posting against the post of BS- 17 and which fact was noted down by the Secretary Agriculture in "NOTE FOR SECRETARY TO CHIEF \ MINISTER PUNJAB" in the following terms:- "SUBJECT: POSTING OF MR. MUHAMMAD ISHAQ SECRETARY. MARKET COMMITTEE. C-CLASS AS SECRETARY MARKET COMMITTEE A-CLASS KOT LAKH PAT Progress Officer of Secretary, Agriculture conveyed the desire of Secretary, Agriculture on telephone that a Note for Secretary to Chief Minister Punjab may be put up regarding posting of Mr. Muhammad Ishaq as Secretary, "Market Committee A-Class, Kot Lakhpat.
(2) lt is submitted that Mr. Muhammad Ishaq joined Market Committee service as Sub-Inspector Market Committee, Kasur (BS-07) on 18.1.1988. After allowing relaxation on qualification and experience by Secretary, Agriculture (Annex-A). He was appointed as Inspector (BS-11) on regular basis vide order dated 17-9.1992 (Annex-B). Mr. , Muhammad Ishaq again applied for out of turn promotion to the post of Secretary (BS-15) to the Chief Minister. His application was forwarded to Director, of Agriculture (E&M) for. Comments on 26.6.1994 (Annex-C). The Director of Agriculture (E&M) Punjab informed vide letter dated 3.7.1994 that his request for promotion as Secretary, Market Committee is not tenable under the rules. Mr. Muhammad Ishaq was further promoted/regularized as Chief Inspector, Market Committee on regular basis in relaxation of seniority as provided under Rule 70(2)(4) read - with Rule 72 of Punjab Agricultural Produce Markets (General) Rules, 1979, by Competent Authority on the basis of his , performance as Secretary, Market Committee (Annex-D). He was further promoted as Secretary C-Class vide order dated 10.1.2008 No. 394-405 (Annex-E).
(3) He has been given out of turn promotion twice without observing codal formalities as provided under Rule 14-A of P.C.S. (A&CS) Rules, 1974. Now through (^Punjab Civil Servant (Amendment) Act, 2006 (Act, X-2006) the provisions of out of turn promotion as provided in Section 8-A has been omitted (Annex-F).
(4) Now there is no provision in the law for out of turn promotion, lt has been desired that he may be posted at Market Committee, Kot Lakhpat which is A-Class Market Committee and two stages higher than his status. Accordingly, he was posted against the post of Secretary Market Committee, Kot Lakhpat. Later on, upon the promotion of Mr. Javed Iqbal Chattha to BS-17 he was posted .As Secretary Market Committee, Kot Lakhpat transferring Mr. Muhammad Ishaq. On the directions of high-ups he was again posted as Secretary Market Committee, Kot Lakhpat and Mr. Javed was directed to report to this Department for further posting. Mr. Javed filed a Writ Petition in the Lahore High Court, Lahore and got a stay order, ln the meanwhile Mr. Muhammad Ishaq has joined as Secretary Market Committee and Mr. Javed Iqbal Chattha was subsequently relieved on 23.5.2008 prior to the stay order issued by the Court. The matter is sub-judice in the Court bf law."
8. The entire record of the department conveys a clear message that respondent No. 3 is habitual of exerting political pressure throughout his service carrier which fact is endorsed by the departmental authorities and submitted the entire case before the Secretary, to the Chief Minister, government of the Punjab for obtaining fresh directions from the Chief Minister.
9. Lt is well-settled now that exerting political pressure in service for transfer, posting, and promotion etc. Amounts to misconduct and this very fact was altogether ignored by the departmental authorities only to avoid any annoyance from the political hierarchy and that very conduct of the departmental authorities is practically alarming, ln so many judgments, the Hon'ble Supreme Court of Pakistan has repeated held that the department authorities must resist before the higher authorities even before the Chief Minister/Prime Minister when some directions is made by them over and above law.
10. After hearing the learned counsel for the parties and perusal of record it is held that order dated 22.5.2008 qua respondent No. 3 is declared illegal, without lawful authority and is set aside. The Secretary, Agriculture Department, Government of the Punjab is directed to fill the post of Secretary, Market Committee, Kot Lakhpat strictly in accordance with law and rules applicable.
The writ petition is disposed of in the above terms.