' Ghulam Hussain petitioner is a Patwari who has been transferred by the Assistant Commissioner, All Pur, District Muzaffargarh to some other place and feeling aggrieved he has questioned the vires of the order on the ground that he was under suspension when he could not be transferred and that his transfer was made at the instance of the Hon'ble Revenue Minister of the Punjab at a time when there was complete ban on the transfers. In place of the petitioner Muhammad Yasin was transferred as the Patwari.
2. I have heard the learned counsel for the parties as well as the learned Assistant Advocate- General and gone through the record before me. Learned AA.-G. For the respondents has correctly raised the objection that the writ petition is not maintainable in view of the provisions of Article 212(2) of the Constitution of our country. According to this Article 212(2) in any matter falling within the jurisdiction of the Administrative Court or Tribunal no other Court can grant an injunction, make any order or entertain any proceedings in respect of the same. It has been held in Muhammad Shafi etc. v. Education Authorities (NLR 1992 T.D. 728 Lahore) that the appeal lies from order without jurisdiction as appeal lies from order with jurisdiction and that the mere fact that the orders were issued on the direction of the Chief Minister would not render them orders of non-departmental authorities which would nonetheless remain appealable under section 4 before the Service Tribunal. The Constitutional petition against transfer orders of civil servants is incompetent under Article 212(2) of the Constitution of our country and the affected civil servants can approach the Service Tribunal for the redress of the grievance as the transfer of a civil servant has the connection to the terms and conditions of his service which can be appreciated and analysed by the Service Tribunal and not by this Court in its writ jurisdiction. To strengthen my view point I also refer to the ruling Naseem Ahmad v. Government of the Punjab (NLR 1992 T.D. 672 Lahore (D.B.)
3. Consequently I hold that this writ petition is not maintainable under Article 199 of the Constitution which cannot proceed before this Court.
4. I, therefore, dismiss this writ petition in limine.