The petitioner is Divisional Director, Local Fund Audit, Dera Ghazi Khan, and is on the verge of retirement. His request for shifting to Multan in the same capacity was acceded to by the then Finance Minister, Punjab, who passed such an order on .20-4-1993. One Muhammad Akhlaq Qureshi, however, was posted as the Divisional Director, Local Fund Audit, Multan. This has been challenged by Mr. Abdul Haq Azad, through the present writ petition.
2. Comments have been submitted by the Finance Department, as also by Mr. Muhammad Akhlaq, respondent No. 2, and the same have been perused. It is conceded that a civil servant nearing the age of superannuation will be given a choice of his last posting, but the same would be either for the station or for the post, and not for both. It is, however, to be noted that it has also been provided that this shall be done, so far as possible, and the `competent authority is not bound to do so.
Lucrative appointments in particular shall not be given to officers/officials of ill-repute. There is thus no cavil with the proposition that neither a Government servant has a vested right to claim such appointment, nor is the authority under a legal obligation to honour his choice, in all eventualities. Such policy instructions do not have the force of statutory provisions, nor can the same be enforced through a Court of law. Proper course for a civil servant is to approach the concerned authority. Finance Department had referred the matter to the Finance Minister, for confirmation of his earlier order, and he did not pass any fresh order. On the contrary, the Chief Minister issued a directive, and, in accordance therewith, respondent No. 2 was posted at Multan. It is also submitted that Mr. A.H. Azad is actually domiciled in D.G. Khan and has his posting at his home town. It has also been stated that there is a departmental enquiry pending against Mr. A.H.
Azad.
3. The petitioner states that he is chronic patient of some heart ailment and diabetes and has constantly been under treatment of a Professor of the Nishtar Medical College and another medical specialist of Multan. Visibly he is an ailing and aged person. His request for his posting at Multan ought to have favourably been considered by the concerned quarters, but unfortunately he cannot be helped through Court interference.
The writ petition cannot proceed and is hereby disposed of with the above observation.