ALI BAQAR NAJAFI, J. - The facts, in brief, of this petition is that petitioner, Raza Noor, Elementary School Educator, applied for her Inter District Transfer from Government Girls Primary School, Makhney Wala, Tehsil Chunian, District Kasur to Government Girls Elementary School, Mauza Dhulyana, Tehsil Depalpur, District Okara and vide order dated 4.7.2011 she was transferred after fulfilling codal formalities by respondent No. 2. The grievance voiced in this petition is that respondent No. 3 is not relieving the petitioner in implementation of order passed by respondent No. 2.
2. On 19.4.2012 report and para wise comments were requisitioned from respondents Nos. 3 to 6 which have been submitted by respondent No. 3 raising objection of maintainability of writ petition in this Court under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973. The comments further reveal that the transfer order was passed conditionally imposing condition that "in case primary school is running with single teacher, the teacher shall not be transferred without ensured substitute". Learned Law Officer supports the plea taken by respondent No. 3 in report and para wise comments.
3. Learned counsel for the petitioner argues that a valid order has been passed by respondent No. 2 after obtaining No Objection Certificates from both the schools and at this stage the respondent No. 3 has left with no authority except to relieve the petitioner to join her new place of posting.
Provision of substitute is the arrangement/duty of respondent No. 3 and if the order has been passed by the higher authority, respondent No. 2, the respondent No. 3 being the subordinate is duty bound to relieve the petitioner by providing substitute as he has already provided No Objection Certificate for her transfer. He further adds that Article 212 of the Constitution is not attracted as the petitioner invoked the jurisdiction of this Court for the implementation of a valid order which came within the scope of Article 4 of the Constitution. Lastly submits that condition No. 11 in his order is required to be fulfilled by respondent No. 3 by providing substitute and not by the petitioner who does not impugns the order rather seeks its implementation.
4. I have heard the learned counsel for the parties and perused the record annexed with; the petitioner. The statutory functionaries are required to satisfy themselves before passing orders as to their responsibility in smooth running of system rather than creating hurdles. The respondent No. 3 in my view had rightly issued No Objection Certificate as according to the learned counsel for the petitioner, at that time there were two primary school teachers in the said School. When be recommended the Inter District Transfer of petitioner then he should wait for decision of higher authority before transferring the other one from the school. Non-observance of this has caused prejudice to the petitioner. Even otherwise if the condition imposed is minutely read it clearly states that "the teacher shall not be transferred without an ensured substitute". Here the case is different as the petitioner has already been transferred and now only her substitute, a pre-condition for implementation of transfer, is required to be fulfilled/provided by respondent No. 3. Since any direction to implement the order of respondent No. 2 by this Court may affect any of the parties, at this stage I, therefore, dispose of this petition with the direction to respondent No. 2 to resolve the question of implementation of the order, after providing hearing to the petitioner and the parties concerned, keeping in view the hardship being faced by the petitioner.