Appellant, through filing Writ Petition No,5286 of 2007, voiced his grievance against his posting from Decree Cell (Examination Department) to University College of Engineering and Technology, Bahauddin Zakariya University, Multan. Learned Single Judge in Chamber, observed in the impugned order that nothing is placed on record to substantiate that order of Vice-Chancellor was superseded by the Registrar. It was held that it is within the competence of University to post and transfer its' employees within the organization in it's best interest: Petition was dismissed being incompetent.
2. Appellant has now assailed the order dated 12-3-2008, in this intra-court appeal.
3. Learned counsel has submitted that appellant has now been posted at Sahiwal Campus and for non-compliance of order of transfer, the appellant has been served with show-cause notice, dated 11-12-2007. Appellant filed amended writ petition, wherein he challenged his transfer order, dated 4-10-2007 to Sahiwal Camp; and also final show-cause notice. Learned counsel has argued that frequent transfer orders and disciplinary actions through show-cause notices speak about the mala fide of the respondents. Transfer to Sahiwal Campus can be directed only when the concerned employee, consents in this regard. Other employees were given option before transfer but the consent of the appellant was not sought. Learned counsel has emphasized that employees of the University are governed under Statutory Rules and as such, writ petition by employee is competent, moreso, when transfer order is tainted with mala fides of respondents.
4. Heard learned counsel for the appellant and record perused.
5. The employees of the respondent-University neither hold statutory posts, nor their terms and conditions are governed under Statutory Rules. The order of Vice-Chancellor qua the impugned transfer of the appellant is not assailable in writ jurisdiction and rightly held so, by learned Single Judge in Chamber. Reference, in this respect, can be made to the cases of University of the Punjab, Lahore and 2 others v. Ch. Sardar Ali 1992 SCM R 1093 and Ijaz Hussain Sulehri v. The Registrar and another 1999 SCM R 2381.
6. There is another aspect to view this controversy that originally transfer of appellant to University College of Engineering was challenged in the writ petition and impugned order of learned Judge in Chamber, pertains to that order only. Appellant filed amended writ petition. Amended writ petition has been filed without permission of the Court. The amended petition cannot be considered and transfer order, impugned in the writ petition, is no more in the field, due to subsequent transfer order of the appellant. An order, which is no more in field, cannot be assailed. Subsequent events cannot be considered as they fall outside the ambit of impugned order.
7. Viewing the case of the appellant from any angle, this appeal has no merit and is accordingly dismissed in limine.