1. ' BIN YAMIN, J.---Petitioner Asadullah Memon has filed this constitutional petition, stating therein that he was appointed as Junior Engineer/Sub-divisional Officer in WAPDA and is still serving in the said authority; that for the purpose of privatization different wings and generation sections have been fragmented into corporate companies having independent entities in terms of their administration, employment and fiscal matters. It is further stated that on 31st December 2007 power wing of WAPDA has practically been merged into Pakistan Electric Power Company (PEPCO), which is still owned by the Government of Pakistan; that in the year 2001, after fragmentation of Area Electricity Board into different companies, the employees working therein, were asked to give their options as to which company they want to join in future; that in response to afore noted directive petitioner on 26-11-2001 had given three preferences for employment i.e, Hyderabad Electric Supply Company (HESCO), Multan Electric Supply Company (MEPCO) and Quetta Electric Supply Company (QESCO) respectively. Such option exercised by the petitioner is annexed herewith as Annexure P.1. That after above options the petitioner was given employment under respondent No,3 i.e, Hyderabad Electric Supply Corporation, where he is working , as Deputy Manager/Executive Engineer. The petitioner further stated that on 8-1-2008 he received office order (Annexure P.2). Purporting to have been issued on 27-12-2007, showing that the petitioner, has been transferred from Hyderabad Electric Supply Corporation to Quetta Electric Supply Company and his services are placed at the disposal of Chief Executive Officer, Quetta Electric Supply Company. The petitioner further submitted that after announcement of the elections in the country the Election Commission of Pakistan under its notification dated 20-11-2007 has imposed restriction on transfer and posting of government servants in the country. The petitioner further contended that his transfer order is illegal, void and mala fide. That no other efficacious remedy is available to the petitioner, hence this petition. The petitioner has prayed that his transfer order being illegal, void ab initio and mala fide may be set aside. Along with the petition the petitioner has also moved application under Order XXXIX, rules 1 and 2 read with section 151 C.P.C, requesting therein for grant of interim stay order against his transfer during pendency of the instant constitutional petition.
2. ' Pursuant to the notice issued, Mr. Javed I. Bukhari, advocate has appeared on behalf of the respondents and has filed objections/counter affidavit to the application made under Order XXXIX, rules 1 and 2, C.P.C.
3. ' Heard advocate for the parties and perused the record.
4. ' Learned counsel for the petitioner submitted that the transfer order of the petitioner has been issued by Director (CM) Power PEPCO illegally and without lawful authority. He further contended that after fragment/division of WAPDA into various companies, the said companies are independent with regard to their administration, employment and fiscal matters and PEPCO has no authority to interfere into their administrative work, hence transfer order of the petitioner is without lawful authority. He further contended that the option, which was exercised by the petitioner in the year 2001 has become redundant after his employment in Hyderabad Electric Supply Corporation and the same is not binding upon him. That presently the petitioner cannot be transferred from one WAPDA company to another as all the companies have their independent entity and are managing their affairs independently; that at the most the petitioner can be sent to QEPCO on deputation but he cannot be transferred there. He further contended that transfer of the petitioner also cannot be made in view of the instructions issued by the Election Commission of Pakistan putting ban on transfer and posting till the elections are held and completed in Pakistan. He also argued that the petitioner has a good prima facie case and balance of convenience is also in his favour. He further argued that if the impugned order is not stayed the petition of the petitioner will become infructuous and the very purpose of its filling will be frustrated. He requested for grant of stay application and issuance of interim stay order regarding the transfer of the petitioner till disposal of the main petition.
5. ' Learned counsel appearing for respondents has vehemently opposed this application and further submitted that the very main petition of the petitioner is not maintainable as the transfer of a government servant is part and parcel of the service matters; that one cannot claim posting of his choice and convenience while remaining in service; that the petitioner has been transferred by the PEPCO authorities, who are exercising control over various companies created for running the affairs of the WAPDA; that after his transfer the petitioner has handed over charge of his post for joining Quetta Electric Supply Company on administrative ground. The ban imposed by Election Commission of Pakistan regarding the posting and transfer of the WAPDA employees is not applicable in the case of petitioner, as no election duty has been assigned to him. While continuing his arguments, learned counsel for the respondents has submitted that, after relieving of the petitioner by the Hyderabad Electric Supply Corporation authorities, his main petition as well as the application for stay have become infructuous, therefore, the same may be dismissed.
6. Perusal of the case record shows that the petitioner has been transferred by PEPCO authorities, which are exercising control over the WAPDA companies created in different areas. No documentary proof has been brought on record to show that PEPCO Authorities are not competent to issue such transfer order of the petitioner from one company to another Power Company.
7. Furthermore, as the fact that the petitioner has been relieved from his present posting to join his new assignment, has not been rebutted by the petitioner side except, oral contention of the learned counsel for the petitioner that he has not left complete charge of his present post. Again it is well-settled law that one cannot claim the posting of his choice while remaining in (government) service. It is for the administration of a department/company as to where an employee is to be posted to get maximum benefits of his capabilities, therefore, the petitioner cannot claim posting of his choice while remaining in service. In our view no prima facie case has been made out by the petitioner for grant of interim relief and furthermore in case the temporary injunction is issued it would amount to interference in the affairs of the WAPDA authorities, which according to law is not permissible.
8. ' In the light of the above noted discussion we are of the opinion that no case for grant of interim relief has been made out, therefore, the instant application is dismissed and as the petitioner has left the charge of his posting, therefore, his main petition is also dismissed in limine being not maintainable and the same has become infructuous after handing over charge by the petitioner.
9. Resultantly, applications listed at serial Nos.1 and 2 are also dismissed.