' IRSHAD HASAN KHAN, J.---This petition for leave to appeal under Article 185 of the Constitution of the Islamic Republic of Pakistan, 1973 is directed against the order dated 23-9-1997 passed by a learned Single Judge of the Lahore High Court, in Writ Petition No,21263 of 1997 whereby inter se transfer between Sarfraz Ahmad Hiraj petitioner herein and Zia-ul-Latif respondent No,3 herein, was stayed.
2. During the pendency of this petition, the petitioner has been transferred by the Competent Authority vide Office Order No, GMCM/DCMP/09951(2)/17168-98, dated 19-9-1997 from the post of XEN Shandara (AEB Lahore) to Deputy Director Construction (AEB) Faisalabad). The Order of the High Court was suspended in Chambers on 3-10-1997 inasmuch as it is well-settled that the High Court cannot entertain a petition relating to terms and conditions of a civil servant, even on grounds of mala fide Mian Fazle Mamood, Senior Advocate appearing on behalf of the petitioner, has vehemently submitted that the transfer order dated 23-6-1998 was passed by the Director Career Manager (Power) WAPDA House, Lahore with a view to frustrate the order dated 3-10-1997 passed by this Court.
3. We have perused the order dated 23-6-1998 referred above and find that the transfer/posting of the petitioner alongwith other Senior Engineers (Power Wing) was made in exigency of service and not with a view to frustrate the order passed by this Court as has vehemently been contended by the learned counsel for the petitioner.
4. Be that as it may, if the petitioner is aggrieved by the order dated 23-6-1998 transferring him from Sheikhupura Division to Faisalabad Division, he may approach the appropriate Service Tribunal for redress of his grievance, of course after exhausting departmental remedies.
5. Needless to observe that if the petitioner approaches the Tribunal by way of appeal, the same shall be disposed of by the Tribunal on merits and in accordance with law without being influenced by any observations made in this order. Civil Petition No, 1226-L of 1997 is disposed of.
6. In view of the order, passed in Civil Petition No, 1226-L of 1997, no order is called for in Criminal Original No,4 of 1998, which is disposed of accordingly.