' NOOR MUHAMMAD MAGSI (MEMBER).---The appellant Mr. Muhammad Amin, Assistant Director, WAPDA Computer Centre, Faisalabad is aggrieved by office order dated 16-10-1994 whereby he has been transferred from Faisalabad and posted to Gujrat against a vacant post. He challenged that order by filing a Writ Petition No, 12533 of 1994 in the Lahore High Court and according to the learned counsel, the said petition was withdrawn by the appellant on 23-10-1994, whereafter he preferred this appeal before the Tribunal on 22-11-1994.
2. Appeal to Service Tribunal can be preferred by an aggrieved civil servant under the provisions of section 4(1) of the Service Tribunals Act, 1973, only after exhausting departmental remedy by preferring a departmental representation or appeal against the impugned order. To this proposition the learned counsel submitted that since the posting order has not affected the terms and conditions of the appellant and it is not an adverse order, therefore, no departmental appeal or representation was required to be filed before coming to the Tribunal. We are sorry we do not subscribe to this view because the appellant has challenged before us the notification dated 16- 10-1994 with the prayer that the same be set aside. It is clear that the grievance before this Tribunal has arisen out of the transfer order dated 16-10-1994 whereby he is aggrieved and is impugned in this appeal. Therefore, the appeal is incompetent under section 4(1)(a) of the Service Tribunals Act, 1973 and is dismissed in limine.