' SHEZADA MAZHAR J.--- By means of present writ petition, the petitioner has challenged the vires of order dated 8-11-2013 whereby he was transferred from Lahore to Muzaffarabad (Azad Kashmir) on the ground that the said transfer is in violation of the wedlock policy as the petitioner's wife is serving as Staff Nurse in Sheikh Zayed Hospital, Lahore.
2. Learned counsel for the petitioner submits that the petitioner is serving as Junior Draftsman in Statistics Division, Pakistan Bureau of Statistics and was posted in Population Census Organization, Lahore, however vide impugned order he has been transferred to Geographic Section. Further submits that the Director of the Joint Census Commission has already issued letter to the concerned authorities that petitioner may not be transferred from Lahore as due to his transfer the Account Branch will suffer badly. Learned counsel while relying upon Lt.-Col. Nawabzada Muhammad Amir Khan v. The Controller of Estate Duty and others (PLD 1961 SC 119), The Murree Brewery Co. Ltd. v. Pakistan through the Secretary to Government of Pakistan Works Division and 2 others (PLD 1972 SC 279), Sh. Riaz ul Haq and another v. Federation of Pakistan through Ministry of Law and others (PLD 2013 SC 501), Sarfraz Saleem v. Federation of Pakistan and others (PLD 2014 SC 232) and Mst. Sattan and others v. Group Captain Masroor Hussain, Officer Commanding P.A.F Station Sargodha Cantt. (PLD 1962 (W.P.) Lahore 151) submits that this Court can entertain the present writ petition as the alternate remedy is neither efficacious nor speedy. Further the Federal Service Tribunal is not funstioning at the moment.
3. On the other hand, learned Law Officer appearing on behalf of the respondent/department submits that the petitioner has an alternate remedy against the impugned order of transfer, which has not been availed by the petitioner and while construing the actual facts and by misrepresenting before this Court, obtained the status quo order on the pretext that the FST is not functioning. Contends that the Department has established a newly Geographical International System Labs (GIS) at the different stations including Muzaffarabad so the manpower/staffs for the setup is required and the petitioner being experienced has been posted in the public interest. While relying upon Taj Muhammad Afridi v. Principal Secretary to the President Secretariat and others (2011 SCM R 1111), states that this writ petition is liable to be dismissed.
4. 1 have heard the arguments of learned counsel for the parties and perused the record.
5. Admittedly the question of posting of a government servant squarely falls within the exclusive domain of the competent authority. The transfer relates to the terms and conditions of service and the provisions of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 oust the jurisdiction of this Court to interfere in such matters. Admittedly the petitioner has no legal right to be posted against a particular post or at a particular place. Even the grounds of mala fides or lack of jurisdiction do not confer jurisdiction on this Court. In this regard reliance is placed upon 2007 SCM R 54 Peer Muhammad v. Government of Balochistan through Chief Secretary and others), the relevant portion is reproduced as under:-- ' It is well-settled by now that the question of posting of a Government servant squarely falls within the jurisdiction domain of the cpmpetent authority subject to law and rules made thereunder. The question of posting/transfer relates to terms and conditions of a Government servant and Services Tribunal would have exclusive jurisdiction to dilate upon and decide such matters and Constitutionals 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 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 1998 SCM R 2129 (Asadullah Rashid v. Haji Muhammad Muneer and others, the Hon'ble Supreme Court of Pakistan) it has been held that:--- "even if mala fide, ultra vices or coram non judice, fell within the ambit of Service Tribunal and jurisdiction of Civil Courts including High Court is ipso facto ousted as result of barring provision of Article 212 of the Constitution."
6. Further admittedly no appeal/representation was filed by the petitioner before the competent authority against the impugned transfer order and directly approached this Court, which is not maintainable in view of the bar contained under .Article 212 of the Constitution. Thus, the writ petition being not maintainable is hereby dismissed.