1. ' SHAHID ANWAR BAJWA, J.--- It is stated in the petition that vide Notification dated 10-11-2009, the Chief Minister Sindh placed ban on transfers. Body of the Notification reads as under:--- "I am directed to refer to the subject noted above and to inform that the Chief Minister Sindh has been pleased to impose complete ban on all kinds of transfers and postings with immediate effect and until further orders. Even under highly unavoidable circumstances on account of administrative exigencies, such transfers/postings are required to be done with the prior approval of Chief Minister Sindh.
2. ' All Administrative Departments/Autonomous Bodies are requested to implement the above orders and issue such directions to their lower formations for strict compliance"
3. ' Vide Notification dated 5-11-2011 the petitioner was transferred. The Notification reads as under:--- "Mr. Altaf Ahmed Abbasi, Associate Professor of Physics (BS-19), Regional Director Colleges, Sukkur, is transferred with immediate effect and directed to report to Education & Literacy Department for further orders.
4. ' Mr. Abdul Hameed Channar, Associate Professor (BS-19), awaiting posting, shall look after the charge of the post of Regional Director Colleges, Sukkur, till further orders."
5. ' Learned counsel submitted that during existence of ban it was not lawful for the official respondents to transfer the petitioner. With the comments submitted by the Department, Notification dated 21-10-2011 was enclosed. The Notification stated as under:--- "I am directed to refer to the subject noted above and to state that the Competent Authority has been pleased to lift ban on transfers and postings with immediate effect, which was imposed vide this department's Circular letter of even number dated 10-11-2009.
6. ' However, frequent transfers and postings shall not be made. Particularly, the officers/ officials, who have not completed one year at their present places of postings should not be transferred.
7. ' The above referred instructions may be complied with in letter and spirit."
8. ' When confronted with this position, learned counsel submitted that even under Notification dated 9-10-2011 it is stated that such a transfer shall not be made of a person who had not completed one year at his present place of posting. Learned counsel submitted that the petitioner was posted at his present place on 18-4-2011 and therefore his transfer is violative of even Notification dated 21- 10-2011.
9. ' Mr. Zulfiqar Ali Sangi, learned counsel for the respondent No,3 submitted that transfer is a term and condition of employment and petitioner is admittedly a civil servant. Therefore, jurisdiction of this Court under Article 199 of the Constitution of the Islamic Republic of Pakistan is barred by Article 212 of the Constitution. He, therefore, submitted that the Petition is not maintainable. Mr. Liaqat Ali Shar, learned Additional Advocate-General advanced the same argument.
10. Admittedly, the petitioner is a civil servant and transfer is a term and condition of employment of every civil servant. The honourable Supreme Court in Nazir Hussain v. N.-W.F.P. (1992 SCM R 1843) and Rukhsana Ijaz v. Secretary, Education (1997 SCM R 167) has held that transfer is a term and condition of the employment and it can only be challenged before Service Tribunal and jurisdiction of. High Court under Article 199 of the Constitution was barred. Consequently, this petition, being not maintainable, is dismissed in limine. Listed application is disposed of.