' CH. IJAZ AHMED, 1.- Necessary facts out of which the present petition arises are that petitioner was transferred from R.Y. Khan to Multan by the respondent vide order dated 23-5-2009 and subsequently re-transferred after two months and 24 days, from Multan to R.Y. Khan vide order dated 7-8-2009. Petitioner being aggrieved tiled Appeal No,1692 of 2009 before the Punjab Service Tribunal which was dismissed.
2. Learned counsel for the petitioner submits that transfer order dated 7-8-2009 is original order which remained as original order in terms of section 21(2) of the Punjab Service Tribunals Act, 1974.
He further submits that there is no appeal provided against the original order of the transfer under the Act, therefore, Service Tribunal was not justified to dismiss the appeal on this ground alone.
3. Be that as it may, it is proper and appropriate to reproduce section 4 of the Punjab Service Tribunal Act, 1974 and section 21(2) of the Punjab Civil Servants Act, 1974 to the following effect:-- ' Section 4 of Punjab Service Tribunal Act, 1974 "4. Appeal to Tribunals.-- (1) Any civil servant aggrieved by any final order, whether original or appellate, made by a departmental authority in respect of any of the terms and conditions of his service may, within thirty days of the communicating of such order to him or within six months of the establishment of the appropriate Tribunal, whichever is later prefer an appeal to the Tribunal.
' Section 21(2) of the Punjab Civil Servants Act, 1974 "21(2) Where no provision for appeal or review exists in the rules in respect of any order, a civil servant aggrieved by any such order is made by the Governor, within sixty days of the communication to him of such order, make a representation against it to the authority next above the authority which made the order.
' Provided that no representation shall lie on matters relating to the determination of fitness of a person to hold a particular post or to be promoted to a higher post.
4. Mere reading the aforesaid provision of law, it is crystal clear that it is conditional precedent that civil servant has to file departmental appeal/representation before the departmental authority and thereafter after awaiting 90 days, appeal is to be filed before the Service Tribunal within one month. The impugned judgment is in consonance with the mandatory provisions of law as law laid down by this Court in Mufti Mushtaq Ahmed's case PLD 1981 SC 172 and Gulbat Khan's case 1992 PSC 1071.
5. For what has been discussed above, the petition has no merit and the same is dismissed. .