ALI BAQAR NAJAFI, J. - The petitioner, through this Constitution petition, challenges order dated 04.11.2011.
2. Briefly the facts relevant for the disposal of this writ petition are that the petitioners filed Writ Petition No. 2083 of 2011 against order dated 04.07.2011 passed by respondent No. 2 for transfer against vacant post at Government Girls High School, Thoha Mehram Khan, Tehsil Talagang, District Chakwal and Government Girls Primary School, Dhoke Kalid, Tehsil Talagang, District Chakwal, whereafter they joined their duties and ever since they were performing their duties.
However, on 30.07.2011, on the basis of political influence an order to adjust the person of their own choice issued withdrawal of transfer of the said order which is impugned in the said writ petition, which was disposed of on 04.10.2011 directing respondent No. 1 to treat the writ petition as representation and decide the same after hearing the petitioners and all other concerned parties in accordance with law through a reasoned order, within a period of four weeks. On 04.11.2011 earlier order dated 30.07.2011 was not changed, hence this writ petition.
3. Learned counsel for the petitioners submits that direction of this Court was not complied with through a speaking order; the writ petitioners were not heard and the order was passed against the policy; the petitioners being low paid staff were to be posted nearer to the place of their abode and as such the impugned order is tainted with mala i.e intention and is result of misuse of powers on the part of the respondents; that onl8.0L2012 the petitioner No. 3 withdrew her name from array of the petitioners and to her extent the writ petition was dismissed as withdrawn.
4. Learned A.A.G., on the other hand, submits that the petitioners are single teacher who could not be transferred as per policy.
5. Reverting the same, learned counsel for the petitioners submits that vide order dated 15.02.2012 one Mst. Zulekhan Bibi has been transferred and posted in Government Girls Primary School, Dhoke Datial, Tehsil Talagang, District Chakwal, whereafter the petitioners should be adjusted. Learned counsel for the petitioner further relies on the Notification No. SO (SE- IV) 2-34/2009 (TR), dated 30th May, 2012, whereby lifting of ban on posting/transfer in School Education Department wherein it is stipulated that in case of a Primary School with one or two Primary School Teachers (PSTs), the teacher shall not be transferred without a substitute and the substitute take? The charge first then the second teacher may be relieved. It was also made mandatory that less then two Primary School Teachers will be posted at Primary School.
6. I have heard the learned counsel for the parties and perused the record.
7. Letter dated 30.07.2011 revealed that the petitioners were single teacher who were not to be transferred without substitute and that ait least two teachers should be posted at Primary Schools The impugned order appears to be in violation of this policy which though declared subsequent in time i.e. 30.05.2012 but is applicable to the petitioner. I am guided by a recent judgment of the Hon'ble Supreme Court of Pakistan in Water and Power Development Authority, Lahore, through Chairman and others v. Haji Abdul Aziz and others (2012 SCM R 965) wherein the beneficial interpretation of policy with retrospective effect was permitted. In this view of the matter this writ petition is disposed of by setting aside order dated 04.11.2011 being violative of law and policy dated 30.05.2012. Resultantly, respondent No. 2 is directed to pass an appropriate order in view of the law and policy.