C.M.No,3093 of 2012 ' NASIR SAEED SHEIKH, J.--- The writ petition came up for hearing on 31-8-2012 and was adjourned as the petitioner wanted to place on record some further documents. Through C.M.No,3093 of 2012, the documents annexed with the C.M. Have been placed on the record which C.M. Is allowed subject to all just and legal exceptions.
2. The petitioner is employed as Deputy District Officer (Agriculture) with the respondent. He is a civil servant. Through an order dated 25-8-2012 his services have been transferred as DDOA(Ext.)
Noshehra Virkan, District Gujranwala to Attock.
3. Through the instant writ petition the transfer order dated 25-8-2012 has been assailed by the petitioner.
4. It is contended by the learned counsel for the petitioner that the petitioner was first transferred on 13-1-2012 to Rajanpur. The learned counsel for the petitioner contends that the petitioner was again transferred to Noshehra Virkan, District Gujranwala vide order dated 14-7-2012 and through the impugned order dated 25-8-2012 he has been transferred to 4ttock. The learned counsel for the petitioner contends that the petitioner has been victimized on account of political grounds and the impugned order be accordingly declared illegal and without lawful authority.
5. I ,have considered the arguments of the learned counsel for the petitioner.
6. The petitioner is admittedly a civil servant under the Government of Punjab. The perusal of the record reflects that the petitioner was awaiting posting and vide order dated 13-1-2012 Annexure-A his services were placed as DDOA(Ext.) at Rajanpur against a vacant post. The petitioner did not place any documentary'proof of the fact that he joined the service at Rajanpur as per transfer order dated 13-1-2012. It appears that vide order dated 14-7-2012 the petitioner was posted at Nankana Sahib when his services were transferred to Noshehra Virkan, District Gujranwala. The petitioner through C.M.No,3093 of 2012 has placed on record a letter attributed to the Accountant- General Offiue showing that on 20-1-2012 the petitioner was posted at Rajanpur. This certificate does not bear any date or serial number and its authenticity is not free from doubt.
7.In any case as the instant writ petition is directed against a transfer order and the honourable Supreme Court of Pakistan has laid down the law in the judgment reported as PEER MUHAMMAD v.
GOVERNMENT OF BALOCHISTAN THROUGH CHIEF SECRETARY AND OTHERS (2007 SCM R 54) that a writ petition A against a transfer order is not competent. In the above reported judgment, the honourable Supreme Court of Pakistan further declared that posting and transfer of a civil servant is a matter pertaining to the terms and conditions of the service of the civil servant. At page 57 the following observation was made by the honourable Supreme Court of Pakistan:--- "The question of posting/transfer relates to terms and conditions of a Government servant and Service Tribunal would have exclusive jurisdiction to dilate upon and decide such matters and Constitutional jurisdiction cannot be invoked to get such controversies resolved. We have also adverted to the question of mala fides which according to the learned Advocate Supreme Court could have been dilated upon in Constitutional jurisdiction which is not correct because the provisions as' contained in Article 212 of the Constitution of Islamic Republic of Pakistan ousts jurisdiction of all other Courts and orders of the departmental authority even though without jurisdiction or mala fide can be challenged only before the Service Tribunal and jurisdiction of Civil Court including High Court is specifically ousted. The plea of mala fide does not confer upon High Court jurisdiction to act in the matter in view of the Constitutional ouster as contained in Article 212 of the Constitution of Islamic Republic of Pakistan and learned Service Tribunal has full jurisdiction to interfere in such-like matteRs, In this regard we are fortified by the dictum laid down in case Kh.
Abdul Wahid v. Chairman, WAPDA 1986 SCMR 1534."
The honourable Supreme Court of Pakistan in another judgment reported as SECRETARY TO GOVERNMENT OF THE PUNJAB HEALTH DEPARTMENT, LAHORE AND OTHERS v. DR. ABIDA IQBAL AND ANOTHER (2009 SCM R 61) laid down the law that every civil servant is liable to serve anywhere within or outside the Province in any post under the Provincial Government. It was further laid down that no civil servant has any fundamental right with regard to the posting, transfer or promotion as such.
8. Respectfully following the case-law noted above the instant writ petition instituted by the petitioner against his transfer order is not competent and is dismissed in limine.