' SYED AKHLAQ AHMAD, J.--- This writ petition is directed against the order dated 23-7-2010 passed by respondent No,1/Executive District Officer (Works and Services Department) Faisalabad whereby the petitioner/Umar Hayat who is Sub-Engineer in the office of the Deputy District Officer (Road)
Faisalabad having additional charge of the office of the Deputy District Officer (Road) Jaranwala has been transferred to the Drawing Branch of District Officer (Road) Faisalabad being unfit for field duty. This transfer order has been sought to be set aside by the petitioner.
2. Learned counsel for the petitioner contends that the petitioner is quite healthy and fully capable of performing the field duties.
' Respondent No,1 did not serve any show-cause notice nor called the petitioner to be examined by any doctor or by the Medical Board to determine his health condition. This being so, the order of transfer of the petitioner passed by respondent No,1 is illegal, based on mala fide and liable to be set-aside. Hence, this writ.
3. After hearing the learned counsel for the petitioner, I find that the posting and transfer is a necessary feature of service and can be best judged by the authority under whom a person is serving.
' Independent of above, posting and transfer being necessary condition of service is outside the scope of the constitutional jurisdiction of this court as enshrined in Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. In this regard reference can be made in case of Mst. Hussan Aara v. Government of the Punjab and others 2004 PLC (C.S.) 106 [Lahore] and Begum Asmat Azhar v.
Punjab Government through Secretary Education and another PLD 1987 Lah.
256.
' It has been laid down in case titled Dr. Younis Asad Shaikh v. Province of Sindh through Secretary Health Department, Government of Sindh 2009 PLC (C.S.) 735 [Karachi High Court] that "posting and transfer being the term and condition of service of civil servants, the same cannot be challenged before the High Court in its Constitutional jurisdiction."
' According to Secretary to Government of Punjab Health Department Lahore and others Dr. Abida Iqbal and another 2009 SCMR 61, "there was no fundamental right with regard to the posting, transfer or promotion as such."
4. In this view of the matter, the writ petition is not maintainable and the same is dismissed in limine.