' Petitioner, Nazir Muhammad Shah, has preferred the present petition under Article 199 of the Constitution of Islamic Republic of Pakistan, wherein he has challenged the order, dated 6-8-1999 passed by the respondent No,2 in respect of the cancellation of his posting order designated as Senior Post Master, Dir at Butkhela, as mala fide, arbitrary and without lawful authority.
2. According to the averments of the petition the petitioner was serving as Senior Post Master in the postal service of Pakistan and that he was repeatedly transferred from one office to another during the short span of period with mala fide intention as a result of which his domestic and social life was badly affected and that he was mentally disturbed. He further averred that the act of the respondents was on account of political motivation and that he was being tortured with no fault of him. He further contended that he filed a departmental appeal before respondent No,1 but to no avail. Since the Federal Service Tribunal was not in existence as its Chairman had retired and no other Chairman had been appointed, therefore, he had other remedy available to him except to move the extraordinary jurisdiction of this Court.
3. We have heard the learned counsel for the petitioner and have gone through the record of the case.
4. A pre-admission notice was issued to Deputy Attorney-General but none appeared on behalf of the respondents.
' The learned counsel for the petitioner out rightly admitted that it was a service matter in which the jurisdiction of the Service Tribunal is involved, but since the Federal Service Tribunal was not in existence due to the retirement of its Chairman and was, therefore, not taking up its routine work was coram non judice. Therefore, having no other remedy available to the petitioner he has preferred the present petition.
5. We have our full sympathy with the petitioner as he has been definitely posted and transferred to different stations for almost seven occasions within a period of three and a half years yet we are constrained to allow him any relief in view of the expressed provisions of Article 212(2) of the Constitution of Pakistan as it is a matter which relates to terms and conditions of service and the dispute relating to such matters falls within the exclusive jurisdiction of the Service Tribunal.
Reliance is placed on Miss Rukhsana Ijaz v. Secretary, Education, Punjab and others (1997 SCMR page 167) and Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others (1997 SCMR page 169).
' In view of the aforementioned facts the petition has no merit and is dismissed in limine alongwith Civil Miscellaneous.