' The parties are represented and their learned counsel have been heard, therefore, this case is being disposed of as Pacca case.
2. This petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, calls in question the legality of order, dated 19-2-2000 passed by the Regional Director of the Punjab Small Industries Corporation, Bahawalpur Region, Bahawalpur, whereby the petitioner was transferred from the post of Deputy Director (Tech.) (OPS), PSIC, Regional Office, Bahawalpur and was posted at Vocational Training Centre, Sadiqabad.
3. The relevant facts are that the petitioner being the senior most Workshop Manager was posted as Deputy Director (Tech.) in the PSIC, Regional Office, Dera Ghazi Khan somewhere in 1998, from where he was transferred to the Regional Officer, Bahawalpur by the competent authority i,e, Deputy Managing Director, PSIC. He was again transferred by the Regional Director, Bahawalpur to Vocational Training Centre, Sadiqabad, vide order, dated 19-2-2000.
4. The petitioner has proceeded to challenge the abovesaid order on the ground that the said order is without jurisdiction as also without lawful authority for the particular reason that the administrative control of all the vocational institutions had been transferred and handed over to newly created authority namely Technical Education and Vocational Training Authority (TEVTA) w,e,f, 5-7-1999 and according to notification issued in this regard all the administrative powers of Vocational Training Centres which were previously being exercised by PSIC have been transferred and vested in the authority i,e, TEVTA. It was submitted that apart from the abovesaid legal aspect even the Regional District PSIC had shown his inability to deal with the cases pertaining to the domain of TEVTA on the ground that the administrative power of DMTCs have been transferred and vested in TEVTA by the Chief Secretary's Notification No,CAB-1/2-2/99 dated 5-7-1999.
5. In the report and parawise comments, the Regional Director, Punjab Small Industries Corporation, Bahawalpur, has submitted that although the Government of Punjab has established an authority under the name of TEVTA and through notification dated 5-7-1999 issued by the Chief Secretary the administrative control of all such centres were transferred to TEVTA, but in fact the said centres are still working under the administrative/financial control of PSIC, as these are not yet handed over to TEVTA. It is also submitted that the salary and other financial matters of the employees of such centres are being dealt with by the PSIC and that the petitioner, who is basically an employee of Dehi Mazdoor Training Centre (TEVTA PROJECT) is still benefiting from PSIC in shape of emoluments etc. As far the transfer of the petitioner, it was submitted that transfer from Region to Region can only be made by Deputy Managing Director while transfer within the Region can competently be made by the Regional Director in regard to the employees up to BS-16. As far as the letter dated 4-1-2000 issued by the Regional Director, Bahawalpur Region, expressing his inability to interfere in the matter of Mr. Muhammad -Anwar Shah, Exh.P., umber (Supervisor)
DMBCC, Rahimyar Khan, on the ground that the administrative powers of DMTCs have been transferred to TEVTA by Chief Secretary's notification, dated 5-7-1999, it was specifically submitted that the Head Office had written two letters that the administrative control of the VTCs still vests in the PSIC, therefore, they are competent to resolve any issue including the transfer of an employee one VTC to another. The letters afore-referred are appended as Annex. R/5 and R/6 alongwith the comments.
6. Transfer is an incident of service and every employee big or small is obliged under the law to work wherever he is sent by his employer, be that it is a case of private employment or Government Service subject of course to the rider that the transfer of the employee can only be made within the domain and administrative control of the employer or the authority who in turn is vested with the powers to transfer the employee. Basically the employees of the Vocational Training Centres were performing their duties in the course of their employment in the domain and under the control of Punjab Small Industries Corporation, but since the Vocational Training Centres were taken out of the domain and administrative control of Punjab Small Industries Corporation and were in turn placed under the domains and administrative control of TEVTA, therefore, the petitioner could not possibly be transferred from one authority to another for the domains of the two authorities are independent and exclusive of each other. This was done by Notification No,CAB-1/2-2/99 dated 5- 7-1999. The notification in this regard was issued by the Chief Secretary, Punjab in the exercise of powers conferred on him under section 4(1) of the Punjab Technical Education and Vocational Training Authority Ordinance, 1999. It specifically recited that the administrative control, assets and liabilities of the institutions/offices of the Punjab Government including the Vocational Training Centres stand transferred to the Technical Education and Vocational Training Authority (TEVTA) and in the descriptive part the nomenclature of various Vocational Training Centres are mentioned. There are various papers, which have been brought on the file by both the counsel for the parties, which need to be attended to. First of its kind is the letter dated 16th December, 1999 issued by the Chairman, TEVTA to the Principals of all the Vocational Training Centres, wherein he appropriates unto himself the administrative control and supervision of- all the institutions.
Appended therewith is the schedule showing the names of the different officers, who are supposed to manage the various centres and institutions in the Central Zone, South Zone and North Zone.
There is yet another list produced enumerating the nomenclature of the various institutions of the Vocational Training Centres. The abovesaid documents were presented to establish the TEVTA was really created and established, it had its administrative heads and the various persons named as such were nominated to control the same. Similarly, an order dated 13-10-1999 passed by the Director (Admn.) under the directions of Managing Director PSIC was also placed on. The record, wherein it . Is specifically mentioned and observed as under:-- "It is also worth mentioning that after the creation of TEVTA and issuance of notification regarding transfer of Training and Service Centres of PSIC to TEVTA the PSIC Authorities has lost competency to pass any order regarding fresh promotion of staff of these centres."
' At another place it has been observed as under:- "The Government of the Punjab has established an Authority by the name of Technical Education Vocational Training Authority (TEVTA) with the object to run public sector training/technical institutions. The Government of the Punjab has issued a Notification dated 5-7-1999 according to which the PSIC projects stand transferred to TEVTA."
' The PSIC Authorities, on the other hand, maintained that the administrative control of the Vocational Centres is still with them. They also control the financial matters such as salary of the various employees of TEVTA and that all the relevant papers pertaining to the services of the petitioner are still with the PSIC. They have in this regard relied on calendar of salary paid to the various employees of DMBCC, Rahimyar Khan and other centres as also letters issued in regard to reinstatement of increment of the petitioner pertaining to the year 1985 and issue of salary slips.
7. It is thus obvious that the petitioner is relying on the legality as to creation and establishment of TEVTA as also certain incidents which go to show that the administrative control thereof is also with the newly created authority which is being exercised by the said authority within its domain. The factual aspect such as controlling the financial affairs and also payment of salary etc., which has been relied by the PSIC must yield to the legal aspect for if the contention of the respondents is accepted it would lead to anomalous result as also backering and conflict between the two Government Departments. The authority having been created and established under a legislative instrument and the working thereof had been established by way of notification, it could not be set at naught by the opinion of the Managing Director of PSIC who has chosen to opine that the administrative control is still with them. Manifestly, the petitioner having been taken with the folds of the PSIC could not be transferred to another authority created and established under a different statute, therefore, the transfer of the petitioner by the Regional Director of PSIC to a Vocational Training Centre under the administrative control of TEVTA is absolutely without jurisdiction and without lawful authority.
8. In result this petition is accepted and the order dated 19-2-2000 passed by the Regional Director of PSIC is declared to be without lawful authority and of no legal effect. However, the parties are left to bear their own costs.