M.A. ZAFAR, J.--- Tahir Mehmood Abbasi and Sajid Hussain Abbasi petitioners, who were posted as Building Inspector's T.M.A. Murree have filed this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 assailing the order, dated 30-5-2008 passed by District Coordination Officer, Rawalpindi. By virtue of which, they were transferred from T.M.A. Murree to T.M.A. Rawal Town, Rawalpindi.
2. Learned counsel for the petitioners by placing reliance on subsection (2) of section 3 of the Punjab Local Councils Servants (Service) Rules, 1997 submits that transfer of the petitioners cannot be made out of Tehsil Municipal Administration, Murree. He further submits that impugned order was passed without their consent, which is a violation of rules. He placed reliance on a letter No, SO-Admn.II(LG)1- 37/2006, dated 26-8-2006 issued by Government of the Punjab Local Government and Community Development, Department, followed by another letter No, SO.Admn.II(LG)2-95/2007, dated 25-11-2008 confirming the issuance of said letter, in which it has been provided that transfer of employees of erstwhile Local Council without their consent is a violation of Rules.
3. On the other hand, learned A.A.-G. Submits that petitioners being members of the Local Council Service were rightly transferred from one Council to another Council. To substantiate his submission, he has drawn the attention of this Court towards subsection (1) of section 3 of the Punjab Local Councils Servants (Service) Rules, 1997, which is reproduced below:--- "3. Transfer.--- (1) Members of the service shall be liable to transfer to any post under the Local Council included in the grade or class to which the member belongs.
(2) Servants of Local Councils may be transferred from the Local Council to another Local Council to an equal post grade or cadre on their own request and in such a case they will be placed at the bottom of the seniority list of the relevant service of the Local Council to which they are transferred."
4. After filing of this petition, report and parawise comments were called for from District Coordination Officer, Rawalpindi as well as Tehsil Nazim, Murree. In the report filed by Tehsil Nazim, Murree, he has conceded the claim of the petitioners and stated that it has been decided by the authorities that in future transfer/posting of Local Council employees must be made on their request or with mutual consent. Respondent No,1 has filed separate report and parawise comments and from the documents attached with this petition it is quite evident that Sajid Hussain Abbasi petitioner No,2 was appointed vide letter No,1685/9/MMC, dated 11-6-1988 as Work Mistry in BS-5 on ad hoc basis against a vacant post with immediate effect but the appointment letter of Tahir Mahmood Abbasi petitioner has not been placed on record by the petitioner with the instant writ petition.
5. According to the report of District Coordination Officer, Rawalpindi, Town Municipal Officer, T.M.A.
Murree had reported vide letter No,188 dated 30-5-2008 to him that illegal/unauthorized constructions were going on in Murree. There was slackness on the part of Regulation Branch and the performance of Building Inspectors was unsatisfactory for which repeated instructions were issued to them verbally as well as in writing but instructions were not followed by the Building Inspectors. Due to the above said situation, T.M.O. Murree recommended that all the Building Inspectors of T.M.A., Murree be replaced with immediate effect. T.M.O. Also reported that there were several verbal complaints against the Building Inspectors regarding their involvement in the construction work of illegal high rise buildings in Murree Town.
It was further submitted in the comments that Honourable Supreme Court of Pakistan had also taken a suo motu notice on account of illegal constructions in Murree town and case is under trial so keeping in view the report of T.M.O., Murree petitioners were replaced on administrative grounds and they were posted in Rawal Town in the best interest of the institution as well as public as there was no alternative except to shift the petitioners in some other relevant institution. It has also been submitted in the comments that a very lenient view was taken in this regard although the allegations were very serious and commensurate disciplinary action was required, which was postponed as the inquiry was underway.
6. After hearing learned counsel for the parties and perusing the record I find that subsections (1) and (2) of section 3 of the Punjab Local Councils Servants (Service) Rules, 1997 are independent sections and they did not control each other. Subsection (2) gives a right to a servant to Local Council to get his transfer from one Local Council to another Local Council to a equal post/grade or cadre on his own request and in case of acceptance of his request he has to be placed at the bottom of seniority list of the relevant service of the Local Council to which he was transferred.
Subsection (2) did not debar the appointing authority to transfer an employee only on his request and consent. The letters, dated 26-8-2006 and 25-11-2008 issued by the Government of the Punjab Local Government and Community Development, Department appears to have been issued to accommodate blue eyed employees otherwise there is no restriction under the law to transfer an employee from one Local Council to another Local Council without his consent rather subsection
(2) gives an option to a employee to make a request for his transfer from one Local Council to another Local Council but if he exercises such option he has to be posted at the bottom of the seniority list of the relevant service of the Local Council to which he is transferred subject to acceptance of his request by competent authority.
' Petitioners have been transferred from one Local Council to another Local Council in the same District by District Coordination Officer, which powers have been conferred upon him by the Government of the Punjab, Local Government and Community Development, Department vide its letter, dated 9-9-2003. Transfer of Government functionary from one place of posting to another is neither punishment nor violation of terms and conditions a of service. There is nothing in the appointment letter of petitioner No,2 (appointment letter of petitioner No,1 has not filed) that they will remain posted at the particular station of his choice and the sub-rule (2) relied upon by learned counsel for the petitioners does not give any such mandate. It is prerogative of the respondents-authority to utilize services of the petitioners at a place and against a position of its discretion keeping in view the administrative grounds confronting the authority.
7. For the foregoing reasons, there is no force in this petition and the same is accordingly dismissed.