Kh. Muhammad Nasim, J. The captioned petition for leave to appeal has been filed against the judgment of the Service Tribunal dated 12.10.2022, whereby, service Appeal No. 963 of 2022, filed by the petitioner, herein, has been dismissed in limine.
2. The facts of the case briefly stated are that the petitioner, herein, was posted to Government Pilot High School, Rawalakot vide notification dated 26.05.2022, wherefrom, he was transferred to Government Boys High School, Papynar, Trarkhal, District Sudhnoti vide notification dated 07.10.2022 and the private-respondent, herein, was transferred at the place of the petitioner. The petitioner, herein, challenged the notification dated 07.10.2022 before the Service Tribunal by way of appeal.
The learned Service Tribunal dismissed the appeal in limine vide impugned judgment dated 12.10.2022, which is the subject matter of the captioned petition for leave to appeal.
3. Ch. Muhammad Kaleem Afsar, the learned Advocate representing the petitioner argued the case at some length and stated that the petitioner, herein, was posted to Government Pilot High School, Rawalakot vide notification dated 26.05.2022, and after a short span of time i.e. 5 months, he has been transferred from Government Pilot High School, Rawalakot to Government Boys High School, Papynar, Trarkhal and the private-respondent, herein, has been posted at the place of the petitioner. The learned counsel alleged that the learned Service Tribunal has dismissed the appeal filed by the petitioner in limine on flimsy grounds and prayed for grant of leave.
4. On the other hand, Sardar M.R. Khan, the learned Advocate representing the private-respondent argued that the petitioner, herein, was appointed as Computer Instructor B-17 in Government Boys High School, Khrick vide notification dated 15.12.2017 and vide notification dated 26.05.2022, he was transferred from Govt. Boys High School, Khrick to Government Pilot High School, Rawalakot. The learned counsel while referring to the copy of certification issued by Municipal Corporation Rawalakot, Poonch, annexed with his Caveat/objections, stated that Govt. Boys High School, Khrick and Government Pilot High School, Rawalakot, are situated within the Municipal Limits of Rawalakot and distance of both the schools is almost 3 km. The learned Advocate alleged that the petitioner remained posted within the municipal limits of Rawalakot for a period of more than 5 years and now he has been transferred to Government Boys High School, Papynar, Trarkhal, District Sudhnoti vide notification dated 07.10.2022. The petitioner does not fall within the definition of an aggrieved civil servant and no terms and conditions of his service have been affected while transferring him from Government Pilot High School, Rawalakot to Government Boys High School, Papynar, Trarkhal, after a period of more than 5 years. He lastly prayed for dismissal of the petition for leave to appeal.
5. We have heard the learned Advocates representing the parties and perused the record made available along with the impugned judgment. A perusal of the record reveals that the petitioner, herein, was appointed as Computer Instructor B-17 on the recommendations of the Public Service Commission in Govt Boys High School, Khrick vide notification dated 15.12.2017. Thereafter, he was transferred from Govt. Boys High School, Khrick to Government Pilot High School, Rawalakot vide notification dated 25.05.2022. It transpires from the certification presented by the learned counsel for the private-respondent that Govt. Boys High School, Khrick and Government Pilot High School, Rawalakot are situated within the limits of Municipal Corporation and the distance between both the institutions is not more than 3 km. Meaning thereby that the petitioner has remained posted within the Municipal limits of Rawalakot for a period of more than 5 years. Under Section 9 of the Azad Jammu and Kashmir Civil Servants Act, 1976, a civil servant is obliged to serve under the Government inside or outside of the Azad Jammu and Kashmir, wherever, he/she is posted. A civil servant has no vested right to remain posted at a particular station for an indefinite period. As stated above, the petitioner, herein, remained posted within the municipal limits of Rawalakot for more than 5 years, hence, while transferring him from Government Pilot High School, Rawalakot to Government Boys High School, Papynar, Trarkhal, no terms and conditions of his service have been affected and he does not fall within the definition of an aggrieved civil servant. In the case reported as Imtiaz Ghani vs. Azad Govt. and 6 others [2016 SCR 1094], this Court in the identical circumstances has observed as under: "7. It may also be observed here that under Section 9 of the Azad Jammu and Kashmir Civil Servants Act, 1976 a civil servant has no vested right to remain posted at one place for an indefinite period and he can be posted anywhere in exigency of service."
Similarly, in the titled Nusralla Jabeen vs. Azad Govt. & 7 others [2014 SCR 456] this Court has observed as under: "6........Under Section 9 of the Azad Jammu & Kashmir Civil Servants Act, 1976, a civil servant is obliged to serve under the Government inside or outside Azad Jammu & Kashmir wherever he/she is posted. A civil servant cannot claim to remain posted at one station for an indefinite period or seek posting of his/her own choice ...."
In view of the above, no legal question of public importance is involved in this petition which is prerequisite for grant of leave. The grant of leave in this petition will create just a false hope in the mind of the party and will involve the parties in futile litigation.
Thus, this petition for leave to appeal as well as application for interim relief is hereby dismissed.