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1994 PLC (C.S.) 173

Ch. MUHAMMAD SARWAR vs THE DIRECTOR-GENERAL, AGRICULTURE

Citation1994 PLC (C.S.) 173
CourtLahore High Court
Case No.Writ Petition No. 3500 of 1991
Date1991-12-13
Judge(s)Tanvir Ahmed Khan
ResultPetition dismissed

ORDER

1. The petitioner has filed this Constitutional petition impugning the order dated 7-12-1991 whereby he has been transferred from Multan to Bhakkar.

2. Facts narrated in the petition are that the petitioner is working as an Assistant Agricultural Chemist at Multan since 1st September, 1989. He was transferred through order dated 13th of February, 1991 from Multan to Bhakkar which order was cancelled subsequently on 28th of February, 1991.

3. Thereafter, the aforesaid cancellation order was withdrawn on 16th of March, 1991 and the original order of transfer, dated 13th of February, 1991 was restored. Again through order dated 25th of March, 1991 certain modifications were effected in order dated 13th of February, 1991 and the petitioner was transferred from Bhakkar to Multan. This order of 25th of March, 1991 was again cancelled through order dated 3rd of April, 1991. Now the impugned order has been passed on 7th of December, 1991 transferring the petitioner from Multan to Bhakkar. It is argued by the learned counsel that the petitioner has been transferred in a mala fide manner out of political pressure. A further argument has been advanced that according to the policy of the Government the petitioner shall be posted at a place where his wife is also working as a PTC Teacher.

4. I have heard the learned counsel for the petitioner and have gone through the impugned order: I have noticed that the petitioner's first order of transfer was made as far back as on 13th of February, 1991 but every time the order was cancelled for certain reasons. The petitioner has got no vested right to claim his posting at a particular place. Section 9 of the Punjab Civil Servants Act, 1974 is very clear on this, issue which is reproduced as under: -- "Every civil servant shall be liable to serve anywhere within or outside the Province in any post under the Government of the Punjab or the Federal Government or any Provincial Government or a local authority or a eorp6tatibn'&'a body set lip of established by any such Government."

5. In the, circumstances, I do not find any force in this Constitutional petition which is dismissed in limine

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