Through the instant petition, filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution"), . the Petitioner has prayed as under: "Under the above mentioned circumstances, it is most respectfully prayed that this writ Petition may kindly be accepted and in nature of "writ of mandamus" Respondents may kindly be directed to issue appointment letter to the Petitioner as Assistant Professor Radiology at Nishtar Medical University, Multan instead of the Respondent No. 3/Dr. Samreen Musthaq, in the interest of justice.
Any other relief, which this Honble Court deems fit, may also be granted to the Petitioner."
2. The Petitioner has asserted in the petition that upon the recommendation of Punjab Public Service Commission, she was appointed against the post of Assistant Professor Radiology (BS-18) on regular basis.
She being the single appointee against said post, requested the Health Department for her posting at Nishtar Medical University, Multan because no regular selected appointee was working there. But the Respondent No. 3/Dr. Samreen Mushtaq has been promoted and posted against the said post, which is totally against the transfer/posting policy of the Department and discriminatory towards the Petitioner.
3. Learned Law Officer has vehemently contested the arguments and contended that the petition is liable to be dismissed on the ground that the Petitioner is a civil servant and Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973 (the "Constitution") specifically bars the jurisdiction of this Court to entertain the matter in hand as the same pertains to the terms and conditions of Petitioner's service.
4. I have heard the arguments and perused the record.
5. Admittedly the Petitioner is a civil servant and basically , she agitated the posting of the Respondent No. 3, which falls within the terms and conditions of a civil servant and for enforcement of the same this Court cannot exercise its constitutional jurisdiction due to bar under Article 212 of the Constitution. The afore-noted bar has been sufficiently dilated upon by the Hon'ble Supreme Court of Pakistan in its various pronouncements and has held in unequivocal and clear terms that the bar is absolute. Reliance is placed on the judgments reported as "Ali Azhar Khan Baloch and others v. Province of Sindh and others" (2015 SCMR 456), "National Assembly Secretariat v. Manzoor Ahmed and another" (2015 SCMR 253).
6. Moreover, an employee has no vested right to be posted at a place of his/her own choice nor can he/she insist that he/she must be posted at one place or the other. No Department can function if its employee insists for posting at a particular place or position, as long as one desires. In the matters relating to the posting and transfer of an employee, the apex Courts have held that the transfer and posting at a particular place is not a vested right of an employee rather the Competent Authority is the best judge of necessary features of service. It is the sole prerogative of the Respondents/Competent Authority to transfer and post any employee and the Courts usually refrains from interfering in postings and transfers particularly where there is no element of mala fide. The Petitioner has failed to establish from the record appended with the petition, any element of mala fide. Reliance in this regard is placed on the case titled Ehsan Elahi Cheema v. Secretary Health and 2 others (1999 SCMR 2482), Waseem Ali Tabish and 4 others v. Province of Punjab through Secretary-Genercd, Administration and Information Department and 6 others (1999 SCMR 1293) & Muhammad Alam Jan v. Government of N.W.F.P. through Secretary, Home and Tribal Affairs, Peshawar and 3 others (2005 SCMR 442).
7. In view of above, the instant petition, being not maintainable, is hereby dismissed.