' The appellant Shaukat Ali Raan has appealed against the order dated 5-3-1997 whereby he was transferred from the post of Chief Officer, Zila Council, Multan to the post of Chief Corporation Officer, Municipal ' Corporation, Gujranwala in place of Feroze Ahmed Salyana (respondent No,3) who was simultaneously posted in place of the appellant at Multan. The appellant submitted a representation against his transfer on 1-4-1997. In compliance with the said order, the appellant reported himself for duty but the Administrator, Municipal Corporation, Multan did not entertain him whereupon he submitted a departmental representation to Secretary, Local Government and Rural Development Department (respondent No,1) on 4-4-1997 in which he sought the assurance for the protection for his right and dignity and in case it was not possible for the department then he may be posted some where else according to his status. It was further submitted by the appellant that his joining at Gujranwala would be without prejudice to the legal remedy/redress of grievance sought by him through the representation dated 1-4-1997. The appellant was then directed to report to Punjab Local Government Board for further posting against the post of his status vide order dated 11-4-1997. Subsequently, he was posted as Chief Corporation Officer, Municipal Corporation, Gujranwala against a vacant post vide order dated 7-6-1997 and the appellant assumed the charge of the said post on 9-6-1997 and the order dated 5-3-1997 was implemented and regularized with effect from 7-3-1997 through order dated 26-6-1997. The appellant has filed the instant appeal against the orders of his transfer dated 5-3-1997 and 7-6-1997 whereby he was transferred from Zila Council, Multan to Gujranwala.
2. The appellant has contended that his transfer from Zila Council, Multan is premature as it was made within a period of 3 months, that he has been made a rolling stone during the last 4 years having been posted to different places as many as 9 times, and not allowed to complete his tenure at any place, under political pressure to accommodate respondent No,3 who has no legal claime to oust the appellant from Zila Council, Multan and that no reason has been recorded to order the appellant's premature transfer from Zila Council, Multan. It is further contended that the appellant's posting at Zila Counsel Multan was done when his earlier Appeal No,257 of 1994 was disposed of on 27-2-1997 after the appellant was adjusted at. Zila Council, Multan.
3. Respondent No,1 in his written objections has stated that the transfer orders have not only been "accepted by the appellant but also implemented, that the transfer of the appellant was made in public interest and on administrative grounds, that premature transfers were made of a number of members of the local counsel service on such grounds and not of the appellant alone, that the appellant desires, to be posted only in Zila Council which is not necessarily possible under the rules, that respondent No,3 had not used any political pressure. Respondent No,3 in his written objections has stated that the order of transfer has been fully implemented when the appellant assumed the charge on 9-6-1997 and now the appellant has resiled from his undertaking and is therefore estopped by his own conduct to agitate against his transfer to Gujranwala, that the appellant has again been transferred to Municipal Corporation, Multan vide order dated 29-7-1997 where he is working at present and therefore, the appeal has become infructuous, Respondent No,3 has denied the use of any political influence for posting in Zila Council, Multan.
4. Arguments were heard and record perused. It was brought out that during the pendency of the appeal another order was issued by respondent No,1 on 29-7-1997 whereby the appellant was posted as Chief Corporation Officer, Municipal Corporation, Multan against a vacant post in public interest and the appellant had since joined the said post. The learned counsel for the appellant argued that the transfer of the appellant from Zila Council, Multan is violative of the order of this Tribunal dated 27-2-1997 whereby his earlier Appeal No,257 of 94 was disposed of in the light of the adjustment of the appellant as Chief Officer, Zila Council, Multan. The order of the transfer of the appellant from Multan cannot be construed to violate the aforementioned order of this Tribunal inasmuch as this Tribunal did not pass the order for posting the appellant at Zila Council, Multan.
Actually, it was the appellant who expressed satisfaction on being posted there and when he was subsequently transferred from there, such transfer became a fresh order which had been examined afresh on merits. The appellant in fact made efforts to have the said order dated 5-3- 1997 implemented and after he was temporarily accommodated in the Punjab, Local Government Board, he was ultimately installed as Chief Corporation Officer, Municipal Corporation, Gujranwala the post to which he was willing to be posted even after he was transferred to that post, as is clear from his representation dated 4-4-1997 in which he stated that he had no hesitation in joining at Gujranwala if he was assured the protection of his rights and dignity. Notwithstanding the novelty of seeking such occasions in the context of posting and transfer of civil servants, Government seems to have assured him of smooth sailing in Gujranwala as a result of which he ultimately joined there on 9-6-1997. His further transfer and posting as Chief Corporation Officer, Municipal Corporation, Gujranwala also seems to be acceptable to him as he already joined there and has not agitated against this posting. The learned counsel for the appellant was keen for adjudication on the propriety of the order dated 3-3-1997 by which he was transferred from Zila Council Multan prematurely. The station of posting in Zila Council or Municipal Corporation Multan is the same. The appellant was mainly concerned about his frequent transfers, and in case of at least two transfers i,e, at Municipal Corporation Gujranwala and Municipal Corporation Multan, he has apparently consented. The appeal is thus devoid of any force or grievance and is dismissed accordingly.