M. MAHBOOB AHMED, CJ.---This appeal under section 3 of the Law Reforms Ordinance, 1972 calls in question order, dated 20th of April, 1993 passed by a learned Single Judge of this Court in Writ Petition No. 3927 of 1993.
2. By the said order the learned Single Judge had dismissed the petition filed by the petitioner under Article 199 of the Constitution of Islamic Republic of Pakistan to challenge her transfer directed by order dated 12-4-1993 passed by respondent No. 2. The learned Single Judge by his impugned order dated 20-4-1993 held the aforementioned Constitutional petition as not maintainable in view of the dictum of the Supreme Court of Pakistan in this regard as laid down in the judgments cited in the impugned order.
3. The learned counsel for the appellant has today attempted to argue that the controversy involved is not such which could be agitated before the Service Tribunal and therefore a petition under Article 199 of the Constitution is maintainable. We are unable to agree with this contention in view of the pronouncement of the Hon'ble Supreme Court of Pakistan in Nazir Hussain (Ex-Director, Excise and Taxation), Administrator, Auqaf, W.F.P., Peshawar v. N.-W.F.P. Through the Chief Secretary/Secretary, Services and General Administration Department, Government of N.-W.F.P., Peshawar and 2 others reported as 1992 SCM R 1843, and a number of earlier judgments in which the same view has been taken.
4. Resultantly, this appeal being without merit is dismissed in limine.