1. ' IFTIKHAR MUHAMMAD CHAUDHARY, C.J.--Mir Shah Nawaz Math instituted instant Constitutional petition way back on 25-5-1998 on averments that he has academic qualification of B.Sc. Mining Engineering, therefore, in 1977 he was appointed as Deputy Director (Technical) B.18 by the Government of Balochistan on ad hoc basis keeping in view his experience in the mining field, i,e, P.M.D.C. Collieries and State Cement Corporation. Subsequent to his appointment on recommendation of Public Service Commission his services were regularised against permanent post of Deputy Director. Later on he was promoted to B.19 on 15-9-1985 on the basis of seniority/fitness under the Balochistan Government Servants (Gazetted Posts) Rules, 1977 and taking into consideration his meritorious services with effect from 1-12-1999 he-was allowed to enjoy B.19. In the meanwhile petitioner has also successfully completed-5th Advance cource of NIPA. Thereafter, he remained posted in BIAD and Director Industries from September, 1989 to December, 1990 and November, 1991 to September, 1995 respectively. The petitioner, however, was repatriated to his parent department as Director Mineral Development on 7-9-1995 where he was 'discharging functions of his Office quite satisfactorily but surprisingly on 15-1-1998 he was replaced by Mr. Ghulam Farooq Nousherwani an Officer of Secretariat Group B.20 without assigning any reason as to why he is being transferred.
2. ' It may not be out of context to mention here that although petitioner had been allowed to enjoy monetary benefits of B.20, but for substantive promotion to this grade he had been making representations to the higher authorities, but without any- success and in this behalf irony of the fate as it would have been that some of his juniors in grade/rank were placed as Secretaries of the Departments 'which were constant -source for his mental torture. In the meanwhile posting of Arbab Muhammad Afzal Kasi, Joint Director who was subordinate of the petitioner was made as Director Mineral Development in the place of Ghulam Farooq Nousherwani, therefore, it added more fuel on the fire, as such on apprehending that notification of 23-4-1998 posting of Arbab Muhammad Afzal Kasi as Director Mineral Development is in violation of law and without jurisdiction, petitioner was compelled to institute present Constitutional petition in which notification of upgrading the post of Deputy Director against which Muhammad Afzal Kasi was working, to the post of Joint Director has been challenged on averments that such upgradation should have not taken place because with effect from 1,1-8-1992 there had been a ban which is continuing uptill now. According to him he had no knowledge about, the issuance of notification On 6-5-1996 whereby the post of respondent Muhammad Afzal Kasi was upgraded from Deputy Director to Joint Director, therefore, the notification was sought to be 'declared without lawful authority and in excess- of jurisdiction. It was further prayed that directions be made to post the petitioner as Director Mineral Development Balochistan Quetta on declaring the notification, dated 15-1-1998 in pursuance whereof in the place of petitioner. Ghulam Farooq Nousherwani was posted as Director Mineral Development and the notification, dated 23-4-1998 whereby Ghulam Farooq Nousherwani was ordered to be substituted by respondent No,3 Muhammad Afzal Kasi.
3. ' On admitting the petition to regular hearing respondent Provincial Government of Balochistan through Chief Secretary was asked to answer following questions:--
(i) What are the reasons for which the petitioner is not being posted for the last about 8/9 months ?
(ii) Whether during the last 8/9 months any posting/transfer had taken place in any department of the Provincial Government amongst the OSDs or the Officers who were posted against substantive vacancies? He should submit detailed reply supporting with summary for each transfer and concurrence, if obtained from, the competent Authority;
(iii) Whether notification, dated 15-9-1998 was issued? What were the reasons for not implementing the same? He should produce summary of issuing the notification as well as holding the notification in abeyance so he may understand as to why the notification is not being implemented; ' It may be noted that petitioner was posted on 15-1-1998 as OSD and in the meanwhile though there had been amber of transfers/postings frequently almost in every department without adhering to Balochistan Civil Servants (Appointments, Promotion and Transfer) Rules, 1979 read with section 10 of Balochistan Civil Servants Act 1974 and there was a general complaint that such transfers, promotions etc. Are not being made in accordance with rules, but due to political pressure and other considerations. As it had happened in the case of petitioner that with effect from 15-1-1998 he was posted as Officer on Special Duty and despite of the fact that the transfers in different departments were being made day to day, but he was not being posted against a suitable vacancy as per his qualifications and there were so many other Officers who were waiting for long periods for their postings. Thus, in view of the above querries the Government of Balochistan S&GAD vide its letter, dated 28-9-1998 replied as under:--
(i) Petitioner was posted as OSD on 15-1-1998 on the directives of the then Chief Minister Balochistan being the competent Authority;
(ii) Numerous orders for transfers/postings amongst OSDs and other Officers in different departments of the Provincial Government have been made for the last 8/9 months with approval of competent Authority. Copies of two sets of postings/transfer orders alongwith approval of the competent Authority are enclosed for ready reference. The information is, being compiled which will be submitted to the High Court in the due course if desired;
(iii) The notification, dated 19-9-1998 and not 15-9-1998 for transfer/posting of the petitioner as Director Mineral Development was required to be issued on the verbal directions of the Chief Minister Balochistan conveyed through Chief Secretary Balochistan. This was, however, not issued on subsequent verbal directives of the Chief Minister Balochistan. As the verbal orders of the Chief Minister Balochistan were not implemented no subsequent confirmation was required to be obtained through submission of summary to the Chief Minister.
4. ' It was also mentioned in the above reply that the petitioner has now been posted as Director (B.19) environment on 28-9-1998. Copy of the notification for perusal was placed on record.
5. ' As it has been pointed out that posting of petitioner as OSD was under consideration, therefore, in order to ascertain that what should be the period of OSD. Including legal status etc. Because in our opinion if an Officer/official possesses qualification and he is not being proceeded against departmentally for disciplinary action etc., then why the service of such person/officer should not be utilized in the public interest particularly when he is getting, his emoluments and other fringe benefits. It may be noted that under the statutory law there is no concept of placing an Officer an Special Duty. Posting of an Officer as OSD is outside the pale of statutory law, but in service structures it has been embedded that if such Officer is not liked by his superiors not on account of being inefficient or corrupt, but for other reasons he is ordered to be posted as OSD because if an Officer is inefficient or corrupt or is guilty for misconduct instead of posting him as OSD he should be dealt with under the disciplinary laws and keeping in view the gravity of his misconduct, corruption or inefficiency the competent Authority in exercise of powers judiciously can also put his services under suspension, therefore, in order to have a clear concept of the Officers who are posted as OSD against the Department was called upon to furnish following information's:--
(1) Period of OSD ;
(2) Legal status of OSD ; (3)Salaries being paid to OSD against which post and Head;
(4) The Official on Special Duty are surplus staff or otherwise;
(5) Whether it is a punishment or otherwise; The S&GAD answered the above queries as follows:-
(i) No period is specified for posting of OSD ;
(ii) The posts of OSDs are created for the following reasons:-
(e) Government servants waiting for posting orders;
(f) Deputation of Government servant for duty or course of instruction or training in Pakistan or abroad;
(g) For doing work of a special nature;
(h) For overcoming technical difficulties;
(iii) Salaries are regularly paid to the OSDs against the posts of OSDs in their own grades with the specific approval of the Finance Department against the head of account .000-General Admn:010 Organs of State 6-01302;
(iv) The OSDs are not considered as surplus staff. As soon as suitable posts commensurate to their grades, experience etc., become available they are posted;
(v) Posting as OSD is not considered as a punishment. The period for which an Officer remains as OSD is treated as period spent on duty and he is paid for that period."
6. ' On receipt of above information learned counsel for petitioner was of the opinion that petitioner is OSD for the last about 7/8 months, but now he has been posted against the vacancy of Director Environment knowing well that the petitioner is B. Sc. Mining Engineering and his this vacancy is not suitable as per his qualification, nor is it commensurate with his status because the Officer who has been posted there as Director-General Environment, is junior to him in rank, therefore, he prayed that petition be allowed in terms of the prayer.
7. ' Mr. M.A. Chishti learned counsel appearing on behalf of respondent No,3 Muhammad Afzal Kasi Director Mineral Development opposed the prayer of the petitioner on averments:-
(l) The petitioner has no locus standi to challenge notification of the Government, dated 28-12-1996 in pursuance whereof the post of Deputy Director Mineral Development was upgraded to the post of Joint Director as according to him this notification was issued by the Government during the period when petitioner himself was working as D.M.D. But he did not raise any objection nor expressed reservations before any quarters being himself the Head of attached Department;
(2) As far as postings and transfers of the Government Officers/Officials is concerned it cannot be made available for objection/criticism by the Officers.Because it being a purely administrative matter rests at the discretion of the competent Authority to exercise its right in the best interest of the public;
(3) No one amongst Officers/Officials can be allowed to ask the postings of his choice as according to him petitioner as per averments of the petition had been working outside the Mineral Development Department for about 5 years as Director BIAD and Director Industries from the period commencing from September, 1989 to December, 1990 and November, 1991 to September, 1995 respectively.
8. ' As we have pointed out hereinabove that there was uncertainty amongst the Government Officers/officials about their repeated transfers ,within the shortest possible time from one place to other and there were also number of employees who were posted as OSDs; whereas charge of 2/3' simultaneously posts were given to one officer that too junior in rank instead of allowing the OSD Officers to work against those posts subject to their suitability of job and trend of the Government to appoint on deputation to the Officers/officials from other departments as well as outside the province and also trend of granting extensions or allowing re-employments to the retired officers/officials, therefore, good many such persons submitted applications with the prayer that they may be impleaded as party and their grievances be also redressed. Accordingly some of them were allowed to participate in proceedings; whereas in respect of few notices were issued to the Government and in this manner efforts were made to ensure that the grievances of. Such individuals be redressed and the competent Authority of the Provincial Government should also start making transfers, postings, promotions etc. As per rules instead of preferring to do so on the basis of political pressure, favourtism or other considerations. In this behalf another lengthy exercise was carried out in which following information's were called for from all the Departments:- ' A. What was the place and grade of post of the Officer, prior to date of taking over the charge, by him, of the post, shown in Column No,2 of the list. And what was his own Grade?
9. ' The period, during which, the Officer, served against the posting, before his transfer to the posting, shown in Column No,3; with clarification that:
(i) What was the Grade of post?
(ii) What was the reason of his transfer?
(iii) Who recommended for his transfer?
(iv) Whether any summary was prepared for the approval of competent authority? And
(v) If department itself has prepared proposal for his transfer, the same may also be indicated; (Answer to these querries be supported by documents, if available, or it should be written that no such document is available).
10. C. What was the reason of transferring an Officer against the post, shown in Column No,3; with clarification:
(i) What was the Grade of post?
(ii) What was the reason of his transfer?
(iii) Who recommended for his transfer?
(iv) Whether any summary was prepared for approval of competent Authority? And
(v) If department itself has prepared the proposal for his transfer, then same may also be indicated; (Answer to these quarries be supported by documents, if available, or it should be written that no such document is available); D. If an officer in Column No,4, has been posted as OSD then;
(i) how long he will remain as OSD?
(ii) Whether any Junior Officer in his cadre has been posted or is presently working against the substantive post and if so, when his posting took place; E. Name and particulars of the Officer, who has been replaced with the Officer in Column No,3, with detail; whether he is senior or junior to him and if Junior in rank, then what is the reason of not posting him against that vacancy?
11. ' Besides above information's, the Official respondents shall furnish, following details, duly supported by documents:-
(1) Separate details, description of the Officers in Grade-16 and above, under the control of Services and General Administration Department, as well as other departments, who are junior in rank, but have been asked to designate him/them holding Acting Charge or Acting Officer;
(2) Details of Officers who are holding dual or triple charges, and if it is so, then what are its reasons and who has recommended for holding of dual and triple charges, by them?
12. (Answer to this query be supported by documents, and if there are no such documents, then such facts should be mentioned).
(3) List of those Officers who are senior in rank, in S&GAD as well as other departments, but they have been compelled to hold the charge of lower post, whereas the Junior Officer, is acting as Head of the department, on the pretext that he has been allowed to hold the charge of that post;
(4) List of fresh appointments in Grade-16 and above, with effect from January, 1998 to onward indicating;
(i) Whether appointments have been made through;
(a) Public Service Commission;
(b) Selection Board;
(c) Selection Committee; or
(d) Whatever the case may be?
5. Promotion of the Officers in Grade-16 and above working in S&GAD and other departments, to indicate whether their promotion has been made in accordance with the rules etc., or otherwise;
(6) List of Officers, who were dismissed from service but have been reinstated, with complete particulars, orders of the authorities or directives of reinstatement, issued by concerned authority, as well as summary prepared by the department;
(7) List of those employees who have been transferred on ex-cadre posts, from Grade-16 and above, by the S&GAD as well as other departments, to indicate;
(i) What was the Grade of post?
(ii) What was the reason of transfer?
(iii) On whose recommendations they were transferred?
(iv) Whether any summary was prepared or not?
(v) Whether for these posts, no Officer/Official was available in the department which necessitated to transfer a person of other department, on deputation to serve against ex-cadre post, or what was the actual position?.
13. (Answer to these quarries be supported by document and if no such document is available then such fact be mentioned) and
(8) Details of Officers from Grade-16 and above who have been transferred in the province on deputation, indicating;
(i) Previous post held by such officers, with the name of Organisation, i,e,, either Government or non-governmental Organization? And ,(ii) Orders of deputation with tenure of deputation whether passed by competent Authority or not?
14. ' In compliance of above orders Departments of Secretariat as well as attached departments furnished details by filing bulk of documents. On having gone through them it was noticed that the subject of transfers and postings including promotions is far away from departmental rules, regulations as well as the Balochistan Government Rules of Business. When we pointed out to Provincial Government that for good governance of a democratic political government it is essential to always adhere strictly to rules and all efforts must be made to protect to the service structure of employees because once the service structure of a Government has fallen down on account of illegal actions, omissions, deeds of the Government itself then it would never achieve stability nor a political government would be in a position to do something better beneficial for its public at large, nor the Officers who are being posted/transferred other than on merits would be in a position to do good, instead they would indulge in corruption, misconduct and they would also be serving at the whims and desires of the personalities who have been instrumental in their transfers, postings due to which there would be a wave of uncertainty both amongst the Officers who were seniors in rank and deserve to be posted against better vacancies as well as general public because if frequent transfers of one and me other Officer goes on their problems shall remain unresolved. Thus, keeping in view these facts competent authority of the Provincial Government must ensure rectification of all illegalities or irregularities which have come on earth after filing the details referred to herinabove.
15. ' On this Government at its own initiated process of rectification in the Secretariat as well as its attached departments throughout in the province and assured that in future efforts shall be made not to violate the rules pertaining to transfers, postings of the employees. We are told by Malik Sikandar Khan learned Advocate-General that by the time almostly in every department of the Secretariat as well as attached departments rectifications have been made and presently there is no noticeable irregularity in the provincial service structure.
16. ' At the time of last hearing we have directed to the Advocate-General that he should procure certificates from the Departments of Provincial Secretariat as well as attached Departments certifying that process of rectification has been completed and for the time being there is no irregular transfer in their respective departments and in future they would also adhere to the same.
17. As per report of the Office some of the Departments so far have not filed such certificates but we are hopeful that to achieve the object of good governance the Government Departments themselves shall submit such certificates within a period of three weeks after, passing of this order and if they failed to do so and this fact is brought in the knowledge of this Court, then proceedings as required under the law for non-compliance of the directions of the Court and non-fulfilling of undertakings to rectify all these errors shall be initiated against them.
18. ' Before parting with this subject of rectification of illegalities, irregularities etc. We would also like to observe that in the meanwhile this Court in the case of Muhammad Ayub v. Province and Balochistan and Others (C.P.No, 367/1998) had also made following observations with direction's to the Government to strictly observe the same in future:-- "At this juncture it is also to point out, with great concern that as far as civil servants are concerned, they also never feel shy in influencing the Ministers, MPAs and MNAs Politically for the purpose of their transfers without knowing -that their such conduct tantamount to misconduct which can entail severe departmental action against them.
19. ' Be that as it may, as far as the secretaries of Heads of the attached Departments are concerned it becomes their bounden duty not to succumb to the desires and requests of the Political Figures including Ministers, MPAs, MNAs in acting upon their unlawfull directions having no sanctity or legal cover either under the Rules of Business of 1.976 or under any other provision of law and just they keep behind the rules, regulations and implement such orders without considering its repercussions in the long run on the structure of the civil service and also without caring that such illegal orders/directions which are being implemented by them are not only deterimental for the national interest but for the individual as well in whose favour such order has been passed because he would not be in a position to show his efficiency rather it will reflect on his integrity because if today he is being transferred on account of the influence of, any political figure then such personality tomorrow can ask him as well to do illegal favour at the cost of national interest as well as the province. In this context equally, the Secretary or head of. The Department who had implemented such instructions orders shall also be responsible for appropriate action under the relevant departmental rules, if he is implementing illegal orders/directions of the political figures had violated to the Constitutional provisions or to the rules having Constitutional back up for which they can be held responsible at any moment either by the concerned authority of the Provincial Government or under the provisions of Accountability Act, 1997; ' In this context in an identical situation Honourable Supreme Court in the case of Zahid Akhtar v.
20. Government of Punjab through Secretary Local Government & Rural Development Lahore and others (PLD 1995 SC 530), had made following valuable observations for the Government Officers particularly the bureaucracy: 'We need not stress here that a tamed and subservient bureaucracy can neither be helpful to Government nor it is expected to inspire public confidence in the administration. Good Government is largely dependant on an upright, honest and strong bureaucracy. Therefore, mere submission to the will of superior is not a commendable trait in a bureaucrat. Elected representatives placed as incharge of administrative departments of Government are not expected to carry with them a deep insight in the complexities of administration. The duty of a bureaucrat, therefore, is to apprise these elected representatives the nicety of administration and provide them correct guidance in discharge of their functions in accordance with the law, succumbing to each and every order or direction of such elected functionaries without bringing to their notice, the legal infirmities in such orders/directions may sometimes amount to an act of discretion on the part of bureaucrats which may not be justifiable on the plane of hierarchical discipline. It hardly needs to be mentioned that a Government servant is expected to comply only those orders directions of his superiors which are legal and within his competence. Compliance of an illegal or an incompetent direction/order can neither be justified on the plea that it came from a superior authority nor it could be defended on the ground that its non-compliance would have exposed the concerned Government servant to the risk of disciplinary action.
21. ' In the above judgment the Honourable Supreme Court examined some of the identical cases which is under consideration before us, but despite of making above observations did not give relief on the ground that petition before Lahore High Court under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, was not maintainable in view of the bar under section 212 of the constitution of Islamic Republic of Pakistan, 1973, therefore, following the same observations of Honourable Supreme Court we are also not inclined to grant relief to the petitioners as it has been prayed for."
22. ' We have been informed that all the concerned departments are strictly adhering to above observations, Now turning towards the main question of posting an officer as O.S.D., we are inclined to hold that this term is absolutely extraneous to section 10 of the Balochistan Civil Servants Act, 1974 read with Balochistan Civil Servants (Appointment, Promotion & Transfer) Rules, 79 For the sake of convenience of intervening period for posting from one place to the other place, such practice is permissible as Government of Balochistan has itself expressed while furnishing querries called for which have already been reproduced hereinabove, therefore, we declare that in future the Government officers should not be placed for a longer period than 30 days as OSD and their services may be utilised in the best interest of public instead of allowing them to remain sitting idle and getting the service benefits without performing their duty. In this behalf, at this juncture, we would like to also make reference to a judgment in the case of Syed Ajmal Hussain Bukhari v The Commissioner Rawalpindi" 1997 PLC (C.S.) 754. In this case the petitioner was working as Tehsildar at Rawalpindi but the Commissioner transferred him after three months with direction to report to the Member Board of Revenue. The Honourable Lahore High Court while examining validity of his transfer observed that the posting or transfer is an administrative matter made in the exigencies of service to which a civil servant may not lawfully object in view of section 9 of the Punjab Civil Servants Act, 1974. However, with regard to placing a person as O.S.D. , some observations were made which being valuable are re-produced hereinbelow:-- '"However, there is another important aspect of .The matter in this case, which needs consideratim The petitioner was transferred by the impugned order of Commissioner, but he was left without any posting. In my view the right to posting is a valuable right and is implicit in Article 3 of the Constitution based on the fundamental principle, from each according to his ability. Even under Article 2(a) that is to say the objective resolution the right of social justice has been guaranteed".
23. ' In view of the above observations re-produced some extracts from an address delivered by late Mr. Justice M.R. Kiani on 17-3-1958 at the C.S.P Association dinner as published in his book titled "Not the whole. Truth" with caption "The Officer on Special Duty". Relevant para. Therefrom being informative is reproduced hereinbelow:- "I may usefully reproduce some of the extracts from an address delivered by late Mr. Justice M.R.
24. Kyani on 17th March, 1958 at the C.S.P., Association Dinner as published in his book titled "Not the whole Truth" at page 46 with caption "The Officer on Special Duty" as under:-- ' O.S.D., stands for 'Officer on Special Duty', a designation which came to be reserved for Officers who were on the wrong side of the Ministry. There was no special duty to perform and the object was to place them in unimportant position.
25. ' This year's special text was an institution called the O.S.D., a sort of DDT which disinfects the mind, a superlative class, of C.S.P. Where you get full pay without doing any work; ' But the modern O.S.D. Is not so ingenious. For two months and a half he sits idle, not knowing what to do with his three thousand a month. Over burdened with three hundred by way of O.S.1).
26. Allowance. This three hundred is the straw that break's the camel's back, because in three months he becomes a veritable camel, groaning and grubbling. Sir, I went to visit an O.S.D. On a Friday afternoon on January and found him sleeping in a cold bed room. He had forgotten the use of the sun, in whose glorious warmth the happier people does away their Friday afternoons. My heart went out to him. Tears came into my eyes. I did not wake him, but I did best thing: I prayed for him, Sir Prayer is the sincerest desire of the soul, and soon thereafter, he got a Stenographer. This is a great achievement, that an O.S.D. Should be able to get a Stenographer after two and a half months, even though he has become a camel in the meantime, and I am convinced that the West Pakistan Government could not have accomplished it without my prayer. In the case of two other officers, whose I forgot to pray, they were, compelled by their circumstances to take leave."
27. ' In this very judgment learned Judge made certain observations NO regard to allowing a person to remain as O.S.D. Said paras. Having pursnasive value are reproduced hereinabelow:- "There is a common practice prevalent both in Federal and Provincial Governments to keep the civil servants without posting as,, a measure of punishment for considerably long periods by making them O.S.D. Etc. Without getting normal work which is a fraud on the statute and abuse of executive power. The same cannot be contenanced and is required to be discontinued by the Government forthwith; ' In my view, a civil servnat who is transferred has a legal right to be posted to a position commensurate to his rank, statute with responsibilities without unnecessary delay and in any case not late than thirty days of his transfer. This right of the civil servant which is guaranteed by the constitution and the law cannot be denied to him. There might be exceptional cases such as where a civil servant is under suspension facing a disciplinary action or undergoing a training where he may not be possibly given a particular posting. Otherwise, every civil servant will have to be placed with proper posting and assignment of a duties where he can work and render valuable service to the State.
28. ' In this view of the matter, this writ petition is disposed of with the direction that the Board of Revenue, Punjab shall, if it considers necessary, pass a fresh order of posting and transfer of the petitioner, within a period of thirty days from today.
29. ' Let a copy of this order be sent to the Chief Secretary Government. Of the Punjab, Lahore who shall act and issue necessary instructions within three weeks to all concerned, in the light thereof.
30. ' We see no reason to disapprove above opinion of the Lahore High Court and as a consequence we are inclined to hold:-- (1). It would be appropriate and in the interest of general public if in future Government will make efforts not to place an officer as O.S.D., beyond reasonable period of more than 30 days; " (2) If his services are not utilised in the department in which originally he was appointed then he should be given other suitable post which may be commensurate with his qualification and status;
(3) If the Government Officer is found to be inefficient or corrupt or is started to be indulging in misconduct then instead of allowing him to continue as O.S.D. As punishment, he should be dealt with departmentally under the Efficiency and Disciplinary Rules; otherwise in absence of any such allegation the Government should not refuse to utilize his services for, any other extraneous considerations.
31. ' Undoubtedly relief to petitioner cannot be awarded to the extent of declaring notification, dated 6-5-1996 illegal in pursuance whereof the post of Deputy Dirbctor Mineral Development Department was upgraded to the post of Joint Director against which respondent No,3 was posted because no objection in this behalf was filed at appropriate stage. However, so far his posting as Director Environment is concerned that does not seems to be commensurate with his qualification as B.E.
32. (Mining) as well as the status which he has been allowed to enjoy in B-20, therefore, we would appreciate that if the Government will reconsider the case of petitioner and give him suitable posting within two weeks of the passing of this order.
33. ' Thus,, in view of the above discussion petition stands disposed off.
34. ' Copy of the judgment be sent to Chief Secretary Government of Balochistan for information and compliance.
35. ' No order as to costs.
36. ' JAVED IQBAL, J:---While agreeing with the reasoning and conclusion as arrived at by his Lordship, the Hon'ble Chief Justice, I would also like to give my humble view. I am conscious of the fact that neither a particular posting can be sought nor asked for by a Government servant, but it does not mean that the concept of O.S.D. Having its own peculiar characteristics should be exploited. A Government Servant who is posted as O.S.D. Had every legitimate right to ask for the reasons about such posting specially when his juniors are having lucrative and excellent posting. I am also conscious of the fact that posting of a particular Government Servant against a Particular post is discretionary and fall within the prerogative domain of Government, but it must not escape unnoticed that such discretion cannot be exercised in an arbitrary or fanciful manner but judiciously and in accordance with settled norms of justice, equity and fair play. It is bounden duty of the Government that while exercising such discretion the requirement of job, nature of duties, requisite capabilities and know-how for its performance, qualification of the incumbent, seniority position, general reputation and A.C.Rs, must be considered because the previous service should be free from blemish. It must be kept in view that there should be no extraneous consideration and under political pressure which can be checked effectively subject to availability of will and there should be no hesitation or fear in doing so as the relevant provision of Rules of Business having the sanctity of Constitution and Law, are capable enough to meet, such sort of eventualities. The service structure, no doubt is at the brink of collapse and it is high time to take strong and solid measures for its survival and revival. The Courts cannot remain oblivious of the prevalent situation because in order to create a just society, justice has to be done at all levels and this objective can be achieved by providing equal protection of law. I am conscious of the fact that there should be no undue influence in realm of appointments, transfers, and posting, but it is to be kept in view that wide powers in this regard has been conferred upon Government which may affect the career of a Government Servant and, thus, it would be the duty of High Court to see that such powers must be exercised in accordance with Service ' Laws and simultaneously in conformity with mandate of law gives as it would be in the interest of good and healthy governance. I am of the considered view that where a particular posting is vitiated by bias, political or extraneous consideration or made in violative of the Service Rules, natural justice and equity can be interfered with and may be set aside. In such view of the matter the case of petitioner be considered on the touch stone of criteria as laid down hereinabove and needful be done as directed by Hon'ble Chief Justice.