Through this constitutional petition the petitioner has challenged order dated 07.05.2009 passed by Respondent No, 3 through which transfer order dated 08.04.2009 regarding posting and transfer of the petitioner was cancelled on the administrative ground and in the public interest.
2. Learned counsel for the petitioner contends that the impugned order of the respondents/Secretary is violative of the tenure of posting policy of civil servant and also violative to the direction of the Hon'ble Supreme Court of Pakistan given in Zahid Akhtar's case PLD 1995 S.C.
530. He submits that petitioner was transferred from Chobara District Layyah to Bhakkar and was again transferred on 08.04.2009 from Bhakkar to D.G. Khan on 07.05.2009. His previous order of transfer dated 08.04.2009 was cancelled. He submits that all three orders were made in violation of posting and transfer policy of the Government of the Punjab as the all orders were made before exhausting period of tenure. He prayed that the impugned order dated 07.05.2009 may be set- aside.
3. Report and parawise comments were called from the respondents which have been submitted.
In the report and parawise comments, it was submitted that the petitioner is permanent resident of District D.G. Khan and he being civil servant of BS-17 cannot be posted in his home District. Through impugned order he was transferred from his home District on the administrative ground and public interest. In the parawise comments submitted by Respondent No, 3 various legal preliminary objections were raised including the objection of bar under Article 212 of the Constitutional of Islamic Republic of Pakistan, 1973.
4. Learned counsel appearing on behalf of Respondent No, 4 submits that petitioner is civil servant.
The transfer and posting of civil servant is purely relatable to the terms and conditions of service.
The jurisdiction of this Court or any other Court is barred under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. He has relied on 2005 SCMR 17, 2008 PLC (CS) 75 and 1997 SCMR 167.
5. I have heard learned counsel for the parties and perused the record.
6. Admittedly, the petitioner is civil servant. The transfers and postings of civil servants are relatable to the terms and conditions of service. This Court has no jurisdiction to entertain the constitutional petition against the transfer order of a civil servant. The petitioner may approach the appropriate forum for redressal of his grievance. This constitutional petition is dismissed being not maintainable.