' IRSHAD HASAN KHAN, J.--This petition is directed against the order dated 15-5-1997 passed by the Federal Service Tribunal, hereinafter referred to as the Tribunal, in Appeal No,90-L of 1997.
2. Briefly stated, the facts are that while the petitioner was working as Executive Engineer, S.S. & T Division No,2, Quetta, he was transferred to Lahore and directed to report to Career Management (Power), WAPDA, Lahore, for further orders by order dated 7th December, 1997 passed by the Competent Authority. The petitioner filed a representation/departmental appeal before the Member (Power), WAPDA/Managing Director (T&G), WAPDA House, Lahore, seeking cancellation of his transfer order on compassionate grounds, in view of death of his two elder brothers and for the reason that nobody was there to look after young daughters of his brothers who reside at Quetta. It was also stated in the representation that he having been posted at Quetta as XEN, SS&T Division on 7th December, 1995, should not have been transferred to Lahore only after one year of his posting. The departmental representation was, however, rejected on 18-3-1997. Being aggrieved with the aforesaid decision, the petitioner filed an appeal which was also dismissed on 15-5-1997.
The petitioner now seeks leave to appeal.
3. Learned counsel for the petitioner contends that the impugned order of transfer is mala fide, inasmuch as, some bogus and irregular appointments were made against the appointments of WAPDA employee's sons to which the petitioner took exception. Vide Memorandum No,3082- 84/XEN/SS&T/Divn/Sariab/QTA/96, dated 28-10-1996, the petitioner demanded Service Books of all the newly-appointed sons of WAPDA employees, from the concerned Assistant Engineers. This annoyed the authorities, therefore, by way of punishment, the impugned order of transfer was passed. It is further submitted by the learned counsel for the petitioner that the petitioner has been prematurely transferred in violation of the transfer policy. In support of his contention reliance was placed on Zahid Akhtar v. Government of Punjab (PLD 1995 SC 530),'wherein this Court observed:-- "Transfer before the completion of the period of tenure should be ordered only if the competent authority is satisfied that:--
(a) The transfer involves appointment to higher service or a post carrying higher emoluments.
(b) The transfer is being made to a post for which the officer has special aptitude, qualifications or experience.
(c) The officer has proved unsuitable in the post from which he is being transferred.
(d) The officer holding a lien on the post, has become available.
(e) Transfer is on compassionate grounds."
' The aforementioned points were also raised, duly considered and rightly repelled by the Tribunal, inter alia, with the following observations:-- " in the present case there is no political background on the transfer of the appellant. The transfer order shows as administrative reason in public interest. Some documents have also been filed with the comments showing that the appellant wants to be posted at Quetta on his personal grounds. If that consideration is given, it means that he could not be transferred from Quetta for number of years which is contrary to the terms and conditions of the Government service as civil servant is supposed to be transferred throughout Pakistan. A complaint was made by WAPDA Employees'
Union to the Chairman, that the appellant was misbehaving with the employees and also threatened them and this aspect was also considered and appellant was transferred. The record of the appellant shows that he all along remained at Quetta has not been rebutted by the learned counsel for the appellant. This transfer is not disadvantage to the appellant as he has been transferred in the same post/grade. There is no concept of any political pressure nor any mala fide though in ordinary course transfer is not being made till completion of tenure for 3 years but the department can make transfer in the exigency of work before that period. We, therefore, dismiss this appeal ."
4. Be that as it may, the petitioner never took any plea of mala fides or victimization in his representation before the departmental authorities. The petitioner cannot, therefore, be allowed to raise this point in these proceedings. In any event, the Tribunal was right in observing, after appraisal of the material available before it, that the transfer order was made for administrative reasons in public interest and not for extraneous considerations. Clearly, the petitioner was liable to be transferred anywhere in the exigencies of service. He has no vested right to a posting of his choice in Quetta. Furthermore, the petitioner was posted in Quetta in 1979 and continued to serve there for a period of about 5-1/2 years. It, therefore, cannot be said that he was prematurely transferred. Needless to say, the petitioner was not holding a tenure post, therefore, his transfer from Quetta to Lahore, was not violative of the principles laid down by this Court, in the case of Zahid Akhtar (supra).
' We find no force in this petition. Leave to appeal is, therefore, refused and the petition is dismissed.