Asim Akram, Member. The appellant is an employee of Election Commission of Pakistan (the Commission), respondent No. 1, appointed as Data Entry Operator (BS-14). Through this appeal, he has challenged the original order dated 05-10-2022 and appellate order dated 16-11-2022. Through the original order, the appellant was transferred from Commission's Secretariat, Islamabad to the Office of District Election Commission, Dera Ghazi Khan.
2. The counsel for the appellant has the newspaper advertisement dated 28-02-2011, whereby the vacancy of Data Entry Operator was publicized. In the Column 8 of the advertisement place of posting, Islamabad was mentioned. The counsel contended that the appointment of the appellant was specifically as Data Entry Operator at Islamabad and he is not liable to be transferred out of the station of his appointment. In support of his arguments the counsel has referred to first proviso to Section 10 of the Civil Servants Act, 1973 (the Act, 1973). The counsel has further highlighted the appellant's appointment letter dated 29-08-2011 wherein the terms and conditions of appointment has been mentioned but does not contains the condition that the appellant will be liable to serve anywhere in Pakistan. The counsel further mentioned to the appointment letter of appellant's colleagues employed as Data Entry Operator wherein one of the appointment letters issued by Respondent No. 1 the clause of serving anywhere in Pakistan is mentioned. In the other appointment letter made by Provincial Election Commission, Balochistan it is mentioned that the appointee will be liable to transfer anywhere in Balochistan. On this score, it is prayed that the instant appeal may kindly be accepted and the impugned original and the appellate orders may be set aside.
3. The counsel for the respondents contended that the advertisement, whereby the vacancy of Data Entry Operator was announced, in 2011 was a consolidated advertisement wherein vacant vacancies all over Pakistan were mentioned. The counsel further contended that the column regarding 'Place of Posting relates to the vacant post and does not restrict further postings of the appointees. The counsel further states that in the appointment letter of the appellant, it is no where mentioned that the appellant has been appointed for specific area or region which restrict the applicability of first proviso of section 10 of the Act, 1973 in the case at hand. In this scenario, the titled appeal is liable to be dismissed.
4. Arguments heard. Record perused.
5. The appellant is an employee of Election Commission of Pakistan (the Commission) is a constitutional institution and is responsible for conducting elections of National and Provincial assemblies as well as local Governments throughout Pakistan. The employees of the Commission are Government servants and accordingly the laws and rules of Government servants are applicable upon them. In this regard Section 10 of the Act, 1973, which relates to posting and transfer of civil servant, is applicable upon the employees of the Commission whereby the civil servants are liable to server anywhere within or outside Pakistan. The first proviso of the said section debars the transfer of Government servant which is recruited specifically to serve in a particular area or region. In the appointment letter of the appellant it is not mentioned that the appointment of the appellant is being made for Islamabad only. The Column 8 of the advertisement, referred by the counsel of the appellant, relates to Place of Posting which is the first place of posting of the appointee; it does not restrict appointment to a specific area or region. The first proviso of section 10 of the Act, 1973 is not attracted in the case at hand.
A good example for the cases where the proviso ibid will be attracted is one of the appointment letters referred by the appellant and annexed with the appeal wherein it is specifically mentioned that the appointee shall be transferred any wherein Balochistan; meaning thereby that the individual cannot be transferred beyond Balochistan.
6. Since the date of his appointment, 29-08-2011, the appellant is posted at Islamabad. As per the respondents a post of Data Entry Operator is vacant at Dera Ghazi Khan, where the appellant has been transferred. No substantive grounds offered by the appellant, warranting, to set aside the transfer order dated 05-10-2022. It is the prerogative of the department to depute the civil servants at different stations as per exigencies of their services.
7. The appeal at hand was argued on last date of hearing i.e., 03-04-2023, whereon the appellant brought to the knowledge of this Tribunal that since the suspension of operation of impugned transfer order since 25-11-2022, by this Tribunal, the appellant has not been paid his monthly salaries. Upon query from the counsel for the respondents and the DR they sought time to get an update from the concerned authorities. Today, the counsel for the respondents confirmed that the arrears of appellant's salary till March, 2023 have been paid; the same has been confirmed by the appellant. Non-payment of salary to an employee, upon obtaining interim injunction from a lawful forum against an order for which he has been granted the right to appeal by laws, tantamounts to defiance of laws and order of this Tribunal as well, by denying due rights to the employee. This is an unlawful act which is condoned with a warning to the wrongdoers.
8. In furtherance of the above reasons we do not consider it appropriate to interfere in the impugned transfer order 05-10-2022 and appellate order dated 16-11-2022. The appeal at hand is dismissed with the direction to the appellant to join his services at the station of his transfer within fortnight. Consequently, the interim injunction granted vide order dated 25.11.2022, whereby operation of impugned order dated 05.10.2022 has been suspended, stands vacated