' Facts forming the background of this case may be briefly narrated; the petitioner was posted as a Secretary, Market Committee, Lahore in B.P.S.
17. Admittedly, Market Committee, Lahore is Category 'A' Committee. He had been promoted granting B.S. 17 with effect from 1-7-1988 and he had been drawing salary accordingly.
' On 29-11-1988, the order of grant of B.S. 17 was set aside which order was challenged by the petitioner through Writ Petition No, 6316/88. It was admitted to regular hearing on 1-2-1989 and the operation of the order impugned therein was suspended.
2. On 18-8-1993 a notification was issued by respondent No, 2 whereunder large number of transfers were made of Secretaries of various Market Committees. The petitioner was transferred from Market Committee, Lahore to Market Committee, Sheikhupura by assuming him to be entitled to the benefit of B.S. 15.
There is no dispute that Market Committee, Sheikhupura is of Category and a Secretary in BS-15 is to be posted there. Feeling aggrieved, the petitioner has filed the present writ petition.
3. At the outset, the learned Assistant Advocate-General conceded that the impugned order could not be sustained and that the departmental authorities were prepared to re-examine the matter.
The stance taken by the learned Assistant Advocate-General appears to be reasonable yet his statement that the departmental authorities would like to re-examine the matter does not meet the ends of justice as the grievance of the petitioner is not completely redressed thereby.
4. Admittedly, the petitioner had been granted B.S. 17 on 1-7-1988 and he had enjoyed that status till 29-11-1988 when an order was passed relegating him to B.S.
15. The petitioner was forced to file a writ petition which was admitted to regular hearing and is still pending adjudication. The order whereby the petitioner was denuded of BS-17 was suspended. In the circumstances, the order impugned in this writ petition cannot be treated to be an order passed in the exigencies of service transferring the petitioner from one station to the other. It had been clearly passed so as to circumvent the interim relief granted to the petitioner by this Court in Writ Petition No,6316/88. A conscious effort has thus been made to deprive him of B.S. 17 in that the post to which the petitioner has been ordered to be transferred is to be filled by an officer in B.S. 15.
5. In these circumstances, there is no option but to accept the writ petition and to quash the impugned order, the same being without lawful authority. The petitioner is held entitled to costs.
' Needless to add that it would be open to the competent authorities to pass a fresh order of posting of the petitioner, if so desired, in accordance with law, keeping in view the stay order dated 1-2-1989 passed in Writ Petition No,6316/88.