' MIAN GHULAM AHMAD, J.---By way of this ICA has been called in question the soundness or validity of an order dated 1-9-1994, passed by a learned Single Judge (Mr. Justice Muhammad Arif), dismissing in limine Writ Petition No, 10075 of 1994, preferred by Mst. Shagufta Jabeen, laying a challenge to an order dated 28-8-1994, made by the Deputy District Education Officer (Women), Bhakkar, by which she had cancelled a transfer order earlier passed on 8-8-1994, involving Shagufta Jabeen and Perveen Akhtar, PTC teachers.
2. Main ground urged is that his Lordship has erred in law in taking into account the fact that it was a case of political victimisation and the order was tainted with mala fides and was thus not sustainable in law and equity. It is amplified that a civil servant is normally allowed to complete here tenure of three years service at a particular posting station and the appellant had not even heard before the transfer order in question was issued. According to the learned counsel appearing for the appellant, the High Court, in exercise of its writ jurisdiction, has always been interfering with such orders, in the interests of justice.
3. We have carefully gone through the order dated 1-9-1994, rendered by the learned Judge in Chambers, and we are of the firm view that the same does not suffer from any legal infirmity, and it is indeed so well-reasoned that there is no room for taking a different view. It is so well-known that Article 212 of the Constitution postulates a clear bar to entertainment of such a petition, and even if an order is the outcome of mala fides on the part of the authority concerned, or that of political influence having been exerted upon the authority, the same can be taken care of by the Service Tribunal, which is the proper forum, for having recourse to, in such a matter, pertaining to terms and conditions of service of a public servant. Actually, in the first instance, the aggrieved person should approach the higher departmental authority, in the same hierarchy, through a departmental representation. This is what has been observed by the learned Judge in chambers and the view is unexceptionable.
4. It may be of interest to point out that what was alleged in the writ petition by Shagufta Jabeen against Perveen Akhtar, the latter could with equal force allege against the former. Shagufta Jabeen joined service on 31-10-1990 at Shahianwala, Tehsil Kaloorkot, District Bhakkar. On 26-10- 1992 she was transferred from Government Girls Primary School, Shahianwala to Government Middle School Sial. On 14-6-1994 she was transferred from Sial to Bat Bogha, Tehsil and District Bhakkar. Shortly thereafter, on 8-8-1994, as she states, she got herself re-transfered on compassionate ground from Bat Bogha to Sial. She did not serve at Bat Bogha for three years; and for this premature transfer she might also have used some political influence. The other lady teacher involved, namely Perveen Akhtar, was not issued any show-cause notice (as it was not required), before her shifting from Sial. She had joined at Sial in mid of June, 1994. It appears that she felt genuinely aggrieved over her premature transfer, and she approached the DDEO, directly or through a person of influence, and managed to restore her previous position, namely, her posting at Sial, from where she had been dislodged. On 28-8-1994, Mst. Perveen Akhtar was ordered to go back to the same place (Sial), and Shagufta Jabeen was asked to remain at her previous place of posting (Bat Bogha), from where she had managed her retransfer to Sial, apparently making Mst. Perveen Akhtar the victim of an undue influence having been brought to bear upon the DDEO by her (Shagufta Jabeen). The order bdated 28-8-1994, which ostensibly favoured Perveen Akhtar, had been passed in the same manner, in which the earlier order dated 8- 8-1994 had been made, proceeded by a normal transfer order dated 14-6-1994, by which Shagufta Jabeen had been transferred from Government Girls Middle School Sial to Government Primary School, Bat Bogha.
5. We are distressed to note that this is how the writ jurisdiction of this Court is sought to be exploited by civil servants, who manage to have their posting at a place of their choice and then endeavour to perpetuate their stay over there. The higher officers should effectively check such an unhealthy tendency and departmentally proceed ?Gainst Government servants, who in'ringe service discipline; and the Authorities should, at the same time, resolutely refuse to succumb to any political pressure in the matter of transfer of their subordinates.
6. The ICA has no merit, worth the name, and is dismissed with the disdain it deserves.