The petitioner has invoked the extraordinary jurisdiction of this Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 for seeking a declaration to the effect that the Notification No.3303-10, dated 15-10-1995 issued by respondent No. 3 is without lawful authority, arbitrary and discriminatory.
2. The facts giving rise to this petition are that the petitioner is serving in Education Department as Teacher. He was frequently transferred in the past. He is aggrieved particularly by the impugned notification. The petitioner has challenged his transfer orders on the variety of grounds contained in the body of the writ petition.
3. We have heard learned counsel for the parties at length and have taken into consideration their respective submissions advanced at the bar.
4. Without entering into the intricacies of the factual position reflecting in the instant petition, suffice it to say that the exclusive jurisdiction in such like grievances vests in the Service Tribunal (hereafter called as the Tribunal) and no efficacious relief can be granted in the writ jurisdiction in view of the bar contained in Article 212 of the Constitution. Even the question of mala fide can be raised before and gone into by the Tribunal. Reference can be made to 1996 PLC (C.S.)
15. Though the frequent transfers have been deprecated by the Supreme Court of Pakistan as held in PLD 1995 SC 530, yet the order of dismissal of the writ petition in view of Article 212 of the Constitution, was upheld.
5. In this view of the matter, deriving wisdom from the aforesaid case-- law, it is held that the instant writ petition is not competent. As such, it is dismissed with no orders as to costs.