' RAJA SAEED AKRAM KHAN, J.--- Petitioner has filed instant constitutional petition with the following prayer:--- That the impugned order No,HP/124/16-A/10978, dated 6th November, 2008 and No,HP/107/128- C/314, dated 10-11-2008 to be without lawful authority and of no legal effect and the petitioner be restored to his original position as General Manager Media Relations (G-9), PTV Headquarters Officer, Islamabad with all consequential benefits.
2. The brief facts of the case, as set up in constitutional petition are that petitioner joined service in PTV as Assistant Accountant in the year 1984. He was redesigned as Public Relations Officer in Group (V) and transferred in the Public Relations Department in 1986. On 20-10-2006, the petitioner was promoted as Manager Media Relations (G-8) and was confirmed vide order, dated 24-11-2007.
He was further promoted as General Manager, Media Relations (G-9) vide order dated 24-10-2008.
On 30-10-2008, he moved an application to the respondent No,2 for waiving of period of probation on the basis of his professional calibre which was accepted and he was confirmed as General Manager, Media Relations vide order, dated 1-11-2008. On 6-11-2008, he was transferred from PTV, Hqs. Office, Islamabad to PTV Home (ETV Centre), Islamabad and on 10-11-2008 he was demoted from the post of General A Manager, Media Relations (G-9) to Manager, Media Relations (G-8) w.e.f, 24-10-2008. Hence, this writ petition.
3. Learned counsel for the petitioner argued that respondent No,3 acted illegally in demoting the petitioner from the post of General Manager, Media Relations (G-9) to that of Manager, Media Relations (G-8); that petitioner had assumed the charge of his new place of posting and order, dated 24-10-2008 took legal effect and same could not be altered or modified to disadvantage the petitioner which is a clear violation of section 21 of the General Clam s Act, 1897 and principle of locus poenitentiae that demotion being the major penalty could not have been inflicted without adopting due process of law i,e, issuance of explanation letter, charge-sheet, statement of allegations, show-cause notice and holding of regular inquiry as laid by the apex Court in the case of Secretary Government of Punjab v. Riaz-ul-Haq 1997 SCMR 1552, that the impugned order is void, without jurisdiction and mala fide as well as against the principles of natural justice because before passing of the adverse order he was neither heard nor any show-cause notice was given to him; that petitioner has been reduced in rank in violation of the law and rules, therefore, the impugned order is liable to be struck down in exercise of the constitutional jurisdiction vested in the Court. He also placed reliance on the case of Ms. Ansa Rehman v. PIAC 1994 SCMR 2232.
4. Conversely learned counsels for respondents at the very out set submitted that this writ petition is not maintainable only on the sole ground that there are more than one remedies available under the law to the petitioner and in the presence of alternate remedy writ petition cannot be filed. He referred the Rules 15.06 and 15.10, under which petitioned has a remedy to move application to Managing Director and in a case he becomes unsuccessful he may move before NIRC that admittedly he has not availed other remedies therefore writ petition is not maintainable. He further argued that there is also admitted position that employees of PTVC are governed by the Pakistan Television Corporation Ltd. Employees service Rules having no legal cover i,e, non-statutory in nature which cannot be enforced through a writ petition Learned counsel placed reliance on the cases Muhammad Idrees v. Agricultural Development Band of Pakistan PLD 2007 SC 681 and Mehmood Ahmad v. Saindak Metals Limited through Managing Director and another 2006 PLC (C.S.)
90. He lastly argued that re designation of petitioned from Manager Media Relations (G-8) to the post of general Manager Media Relations was due to influence and pressure and in has been reverted back to his previous post in order to maintain sanctity rules any employee can be transferred anywhere in Pakistan at the sold discretion of the competent authority.
5. I have heard the arguments advanced by both the parties and have perused the record.
6.It is admitted position that the employees of PTVC are governed by the Pakistan Television Corporation ltd. Employees service Rules thos have no legal cover i,e, non-statutory in nature and cannot beenforced through a writ petition. Reliance can be placed on the case The IB Principal Cadet College, Kohat and another v. Muhammad Shoab Qureshi PLD 1975 SC 678, M.H. Mirza v.
Federation of Pakistan through Secretary, Cabinet Division, Government of Pakistan, Islamabad and 2 others 1994 SCMR 1024 and case of Asad Bashir v. Chairman, Board of Intermediate and Secondary Education, Lahore and 2 others 2006 PLC (C.S.)
110. Reliance can also be placed on the case of University of the Punjab and 2 others v. Ch. Sardar Ali 1992 SCMR 1093, wherein apex Court held that:- "Terms and conditions of employee were not governed by statutory rules but only by the non- statutory rules/regulations--Effect---Terms and conditions of employee if not governed by the statutory rules but by regulations, instructions or directions issued for its internal use, any violation thereof, would not normally be enforced through constitutional petition. Respondent's appointment being non-statutory, constitutional petition was not competent."
7. Learned counsel for the petitioner has relied on the case of Ms. Anisa Rehman v. PIAC 1994 SCMR 2232 to support his contentions which is distinguishable from the facts of present case. It is also be noted that PTV Employees Service Rules provide remedy of appeal, which admittedly has not been availed by the petitioner.
8. Thus, in view of the above mentioned discussion and reasons this constitutional petition being not maintainable is dismissed with no order as to costs.