Kh. Muhammad Nasim, J. The captioned petitions for leave to appeal have been filed against the judgment of the High Court, dated 08.05.2023, passed in Review Petition No. 04 of 2023. Since, both the petitions have arisen out of the common judgment of the High Court, therefore, the disposal of the same through this proposed order is felt advised.
3. The facts of the case briefly stated are that during pendency of a writ petition titled, Abdul Baseer Tajwar vs. Azad Govt. & others, the learned High Court passed an order on 16.03.2023, in the following terms: ".... As the public at large is not satisfied from the transparency standard of AJK PSC, therefore, the Secretary Services and General administration is directed to transfer all the employees of PSC from Grade 4 to Grade 20 and further directed to appoint eligible persons from other departments preferably from the administration posts and must be filled in from DMG and Secretariat Group before next date of hearing and papers of exams shall also be checked by the competent Professor of Universities of Azad Jammu and Kashmir ..."
Against the aforesaid order, Muhammad Naeem Iqbal and others (petitioners in Civil PLA No. 453 of 2023), filed a review petition before the High Court. Through the impugned judgment the learned High Court has disposed of the review petition in the following terms: "Petitioner No. 1 is an officer of the Secretariat Group and has been transferred before filing of instant review petition. An Officer of DMG has been transferred and posted as Secretary Public Service Commission. It will be appropriate to authorize newly posted Secretary to made recommendations to Services and General Administration Department for transfer of the staff according to his satisfaction for better performance of the institution. Hence, the Secretary PSC is directed to take all the measurers including transfer and posting of the staff for better performance of the Public Service Commission."
The aforesaid order passed by the learned High Court is the subject matter of the instant petitions for leave to appeal.
3. The learned Advocates, representing the petitioners in both the petitions for leave to appeal unanimously stated that the Public Service Commission is a special institution and under the Departmental Service Rules i.e. the Azad Jammu and Kashmir Public Service Commission Service Rules, 1984, (amended upto 05.09.2022) no provision regarding the transfer of the employees of the Public Service Commission to other departments exists. In this state of affairs, the impugned order passed by the learned High Court is contrary to law, hence, is not sustainable in the eye of law.
4. We have heard the learned Advocates, representing the petitioners in both the petitions for leave to appeal and perused the record made available along with the impugned judgment. The record reveals that during pendency of the writ petition, titled "Abdul Baseer Tajwar vs. Azad Govt. & others" the learned High Court vide its order dated 16.03.2023, issued the direction for transfer of all the employees of PSC from Grade 4 to Grade 20 and posting of eligible persons from other departments. Against the aforesaid order, the petitioners in Civil PLA No. 453 of 2023, filed a review petition before the High Court. Through the impugned order the learned High Court disposed of the review petition with the direction to the newly appointed Secretary Public Service Commission for making the recommendations to the Services and General Administration Department for transfer of the employees, according to his satisfaction for better performance of the institution.
5. It may be observed here that the Public Service Commission is established under Article 48 of the Azad Jammu and Kashmir Interim Constitution, 1974 and is a special institution/autonomous body of the Services and General Administration Department, as per Serial No. 21 of the First Schedule to the Azad Jammu and Kashmir Rules of Business (Revised), 1985. The Service Rules of the Public Service Commission are known as the Azad Jammu and Kashmir Public Service Commission Service Rules, 1984 (amended upto 05.09.2022). The perusal of the aforesaid rules postulates that the competent authority of the employees of grade B-1 to B-9, is the Secretary Public Service Commission, whereas the competent authority of the employees of grade B-10 to 13-17 is the Chairman Public Service Commission. No provision regarding the posting/transfer of the employees of the Public Service Commission to other department exists in the said Rules, hence, the learned High Court was not competent to issue blanket direction for transfer of all the employees of the Public Service Commission. Transfer and posting of civil servants is the prerogative of the concerned competent authority of the department and the Government, which are best to determine suitability of a civil servant for transfer and posting against any post or posts.
Had there been any genuine observation of the High Court, a direction could have been issued to the authority or the Govt. to probe into the matter for good governance. In this state of affairs, the observation made by the learned High Court in the orders/judgment dated 16.03.2023 and 08.05 2023, regarding transfer of the employees of the Public Service Commission to other departments, is contrary to the departmental Service Rules, hence, are not sustainable. Consequently, while dispensing with the requirement of filing of concise statement, these petitions for leave to appeal are converted into appeals. While accepting the appeals, the observation made by the learned High Court in the order/judgment dated 16.03.2023 and 08.05.2023, regarding transfer of the employees of the Public Service Commission to other departments is hereby set at naught, however, as the Secretary Public Service Commission is the competent authority of the employees of grade B-1 to B-9 regarding appointment, transfer and posting of the employees of the PSC, within the department, therefore, for better performance of the institution, he may make the transfer of the employees within the department, if felt advised.
The appeals are accepted in the above terms, with no order as to costs.