Ch. Muhammad Ibrahim Zia, J.--The captioned appeal by leave of the Court is addressed against the judgment of the Service Tribunal dated 07.03.2014 whereby while accepting the appeal of the contestant respondent, the departmental transfer notification dated 11.12.2013 has been set-aside.
2. The facts relevant for disposal of this appeal are that the appellant a civil servant of the Education Department being performing her duties was transferred from Girls High School Ghazi Abad to Girls High School Chamiati in place of Respondent No, 1, vide notification dated 11.12.2013.
Feeling aggrieved from the notification dated 11.12.2013, Respondent No, 1 approached the Service Tribunal by way of appeal on numerous grounds. The Service Tribunal through the impugned judgment, while accepting the appeal field by Respondent No, 1, set-aside the transfer notification dated 11.12.2013 being issued in violation of transfer policy. The appellant has now approached this Court through the instant appeal by leave of the Court to challenge the legality of the impugned judgment.
3. Raja Sajjad Ahmed Khan, Advocate, the learned counsel for the appellant after narration of necessary facts submitted that the departmental order dated 11th December, 2013 is quite in accordance with the principle of law and justice. According to the language of this notification, the respondent was transferred after a period of more than 15 year's posting at one station. Moreover, by this transfer, the distance of her home from place of posting has been reduced. He further submitted that in view of the further peculiar facts of this case, none of the terms and conditions of the service of respondent has been adversely affected. While seriously objecting to the conduct of respondent, he has also referred to some official correspondence wherein it has been brought on record that the performance of respondent remained very poor and against the public interest.
Thus, the appeal filed by the respondent was neither maintainable nor she has got any legal cause of action. The notification has been issued by the competent authority after obtaining relaxation in ban imposed on transfers. According to the spirit of transfer policy, competent authority is vested with the powers, to make transfers, hence, this appeal merits acceptance. He also submitted that the appellant is at the verge of retirement. According to law at such stage, a civil servant has to be kept posted at nearest station to his/her home.
4. Conversely, M/s. Syed Nazir Hussain Shah Kazmi Advocate for Respondent No, 1 and Raja Aftab Ahmed Khan Advocate for Respondent No, 4, submitted that the impugned judgment of the Service Tribunal is quite in accordance with law. They further submitted that the transfer order was issued in violation of the transfer policy during the ban imposed upon the transfers, thus, the same has rightly been set-aside by the Service Tribunal through the impugned judgment. He submitted that according to the transfer policy, only exception for transfer of a civil servant during the academic session is that if a post becomes available due to death, promotion or retirement etc. Of a civil servant. The departmental authority is not vested with the powers or discretion to make transfers at its sweet will. However, when the counsel for the respondents were confronted that how the respondent is aggrieved when she has been transferred after a period of 15 years posting at one station and on such station from where the distance of her home is lesser than the previous station, they admitted the stated position but stressed that as the transfer has been made during the academic session, hence, the same is not according to the transfer policy.
5. We have considered the arguments advanced at bar and carefully examined the record made available. In our considered, view the respondent has been transferred after a period of 15 years posting at one station. Moreover, new place of posting is nearer to her home as compared to the former station, thus, the respondent in this state of A affairs, cannot be termed as an aggrieved civil servant. For maintaining an appeal before the Service Tribunal, the foremost requirement is the grievance of the appellant-civil servant. In the instant case, when the appellant has been transferred after 15 year's period of posting at one station and more-so nearer to her home, then B she cannot be treated as an aggrieved person merely on the ground that the transfer has been made by relaxing the ban imposed on the transfers.
6. In the stated factual proposition, the objection raised by the respondent is mere of an academic nature lacking any legal substance. Keeping in view the overall facts and circumstances of this case, especially the factor of attaining the age of superannuation of the appellant, herein just within years period, in our opinion, the Service. Tribunal's judgment is not consistent with the principle of law and justice.
' According to the spirit of law, a civil servant who is at the verge of retirement deserves to be facilitated, therefore, we are constrained to accept this appeal, set-aside the impugned judgment of the Service Tribunal with the direction to the concerned authority that the appellant shall not be disturbed as she is at the verge of retirement. This appeal stands accepted in the above terms with no order as to costs.