Since common questions of law and facts are involved in the following appeals, hence the same are being disposed of through this single judgment:-- I) Azmat Ali vs. Govt. of Punjab through Secretary (Schools), Punjab etc. (Service Appeal No, 4602/2016).
II) Muhammad Asghar vs. Govt. of Punjab through Secretary (Schools), Punjab etc. (Service Appeal No, 4603/2016).
III) Shafique Ahmad vs. Govt. of Punjab through Secretary (Schools), Punjab etc. (Service Appeal No, 4604/2016).
IV) Farzana Naz vs. Govt. of Punjab through Secretary (Schools), Punjab etc. (Service Appeal No, 4605/2016).
V) Rukhsana Naz vs. Govt. of Punjab through Secretary (Schools), Punjab etc. (Service Appeal No, 4606/2016).
VI) Kamran Zafar vs. Govt. of Punjab through (Sic)
"In case of a school with single Science, Math or Computer Teacher, transfer shall not be made without a substitute".
4. According to Punjab Civil Servants Act, 1974, a civil servant if aggrieved in terms of Section 4 of the Punjab Service Tribunal Act, 1974 has a right to file appeal in terms thereof if any violation is made by any departmental authority regarding terms and conditions as prescribed in Chapter-II of the Punjab Civil Servants Act, 1974.
5. That appellant has challenged the Transfer Policy dated 17.4.2013 which is not covered in Chapter-II of the Act ibid in respect, of terms and conditions of service of civil servants as enacted.
Reliance is placed on 2009 SCMR 980, wherein it was held:- "It is well settled that nobody has a vested right in policy decision of the Government and therefore, the Service Tribunal too is divested of the power to indirectly set aside the public policy decision in exercise of its power under the Service Tribunals Act, 1973 and the rules framed thereunder".
In another judgment reported as 2012 PLC (CS) 917, it was held: "the principle of trichotomy of powers escaped the notice of the learned Judge. The Recruitment Policy was framed by the Government of Punjab as part of the delegated legislation and its provisions could not have been struck down on vague consideration of being "unreasonable" or likely to be misused. Because the presumption is that those who exercise such powers would do it in a bona fide manner and if the said power is exercised in a mala fide manner, it is the particular mala fide act which can be challenged and struck down. The provision does not become unconstitutional, violative of fundamental rights or unreasonable simply because it could be abused because any provision of law can be misused if the wielder of power so intends.
The framing of the recruitment policy and the rules thereunder, admittedly, fall in the executive domain. The Constitution of Islamic Republic of Pakistan is based on the well known principle of trichotomy of powers where legislature is vested with the function of law making, the executive with its enforcement and judiciary of interpreting the law. The Court can neither assume the role of a policy maker or that of a law maker".
Appellant has sought modification of sub-para 5(iv) reproduced above wherein the principle laid is that with regard to certain categories having a single teacher for the relevant subject in school, transfer cannot be made without substitute, this being a policy matter no interference can be exercised therein.
6. In view of the above, this Tribunal is bereft of the powers as an prayed for in appeal, being outside its scope and ambit. The appeal being devoid of any substance is dismissed in limine.