1. ' The petitioner, a Registration Clerk at Tehsil Office, Bhalwal through this Constitutional petition has taken exception to the order No, PS/MIN/REV2854/95, dated 31-10-1995 issued under the signatures of respondent No, 1 Minister for Revenue, Government of the Punjab whereby a direction has been issued by him in the following terms: "Mr. Arshad Mehmood, Reader to Naib-Tehsildar Colony, Sargodha may be transferred and posted as Registry Moharrer, Bhalwal with immediate effect."
2. ' Argument was advanced by the petitioner's learned counsel earlier that he is being dislocated from his seat under political pressure. Learned counsel appearing for the respondent has challenged the maintainability of this Constitutional petition and has further stated that the petitioner throughout has also been securing his posting through political dictation.
3. ' I have considered the contentions and have gone through the comments submitted by the respondent Deputy Commissioner, Sargodha. It is reflected therefrom that the petitioner has got 26 years of service at his credit. His other colleagues have since been promoted as senior clerk but the petitioner as reflected from the report is successfully sticking to the post of Junior Clerk just to avail the opportunity of having been posted as Registration Clerk. In this manner from 3-10-1984 till date within a span of about ten years he has served as Registration Clerk for more than 8 years. Even now as reflected from the parawise comments he is clamouring hard to remain posted as Registration Clerk. In this background it does not lie in the mouth of the petitioner to say that he is being dislocated under political dictation. It is established principle of law A that a civil servant has got no vested right to claim his posting at particular place. Section 9 of the Punjab Civil Servant Act is very clear on this issue which is as under:-- "Posting and transfer.--Every civil servant shall be liable to serve anywhere within or outside the Province in any post under the Government of the Punjab or the Federal Government or any Provincial Government or a local authority or a corporation or a body set up or established by any such Government."
4. ' Apart from this the bar created by Article 212 of the Constitution of Islamic Republic of Pakistan shall also come into the way of the petitioner as the matter pertains to the terms and conditions of civil servant for which the jurisdiction under Article 199 of the Constitution would not be attracted.
5. Reliance in this respect is placed upon Syed Afzal Haider v. Secretary, Defence Production Division (1991 SCMR 477), Nazir Hussain v. N.-W.F.P. (1992 SCMR 1843) and Munshi Muhammad Azam v. A.C.
6. And others 1996 PLC (C.S.) 415. The Hon'ble Supreme Court recently in C.P.L.A. No, 1232-L-96 has held as under:-- "Clearly, the matters relating to the posting and transfer of a civil servant relate to the terms and conditions of his service. Disputes about these matters fall within the exclusive jurisdiction of the appropriate Service Tribunal. The jurisdiction of the High Court is barred in these matters by the express provisions of Article 212 of the Constitution. We are therefore unable to support the interim order made by it in this case. Accordingly, we convert this petition into appeal and set aside the said order."
7. ' There is another aspect of this matter which cannot lightly be ignored. It is a misconduct on the part of a civil servant to approach. The political functionaries I to secure the posting of one's own choice. Reference is made in this regard to C West Pakistan Government Servants (Conduct) Rules, 1966. Rules 19 and 29 provide as under:-- "19. Approach to Members- of the Assemblies etc.--- NO Government servant shall, directly or indirectly, approach any Member of the National Assembly or a Provincial Assembly or any other- non-official person to intervene on his behalf in any matter.
29. Use of political or other influence.--No" Government servant shall bring or attempt to bring political or other outside influence directly or indirectly to bear on Government or any Government servant in support of any claim arising in connection with his employment as such."
8. ' As reflected from the impugned order the respondent No, 1 approached the Minister for Revenue for his posting as a Registry Moharrar, Bhalwal.- I have also noticed that the Deputy Commissioner, Sargodha, respondent. No, 2 has been mechanically passing the orders of transfer simply on political' dictation in spite of the fact that he himself is competent Authority. In this background, I remit this case to respondent No, 2 Deputy Commissioner, Sargodha who shall instead of appointing either the petitioner or respondent No,.. 3 as Registration Clerk shall post some honest and independent person keeping in view the public interest by application of his own independent mind uninfluenced by any outside dictation. The writ petition is disposed of in the above terms.
9. ' Office is directed to transmit this order to the Deputy Commissioner, Sargodha for compliance. A copy of this order shall also be sent to .The Chief Secretary, Government of the Punjab, who shall circulate provisions of rules mentioned' above to the notice of the Deputy- Commissioners stationed within his jurisdiction.