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Petitioner: ZUBAIDA PARVEEN VS Respondent: DEPUTY DISTRICT EDUCATION OFFICER
1991 P L C (C
1991 P L C (C.S.) 1150
[Lahore High Court]
Before Muhammad Munir Khan, J
Mst. ZUBAIDA PARVEEN
Versus
DEPUTY DISTRICT EDUCATION OFFICER
Writ Petition No. 2052 of 1990, decided on 25th November, 1990.
Civil service---
---- Constitution of Pakistan (1973), Art. 199---Transfer of civil servant allegedly with approval of Chief Minister on ground of mala fides---No satisfactory proof of mala fides on the part of Authority in the matter of transfer of civil servant was brought on record---Chief. Minister of Province being the Chief Executive, could not be deemed to have no authority to approve or disapprove transfer of a civil servant employed in the Province---Civil servant was liable to be transferred anywhere in the Province---Civil servant thus, could not claim his/her posting at a particular place as a matter of right---Order of transfer in question thus, did not suffer from any jurisdictional defect.
Rana Taj Muhammad Khan for Petitioner
Addl. A.-G. for Respondent.
Date of hearing: 25th November, 1990.
ORDER
Through this Constitutional petition, Mst. Zubaida Parveen, petitioner, seeks declaration to the effect that the order of her transfer dated 28-10-1990 and its implementation on 1-11-1990 by the Deputy District Education Officer, (Women), respondent No. 1 are illegal, without lawful authority and of no legal effect.
2. The petitioner was appointed as a teacher at Government Girls Primary School, Chak No. 121/9-L, District Sahiwal. Later on, she was shifted to Government Girls High School, Chak No. 120/9-L, under the orders of Education Minister. As approved by the Chief Minister, Punjab, vide his order dated 28-10-1990, she was again transferred to Government Girls Primary School, Chak No. 121/9-L on 1-11-1990 by the Deputy District Education Officer (W). Tehsil Sahiwal. Hence this petition.
3. The learned counsel for the petitioner submitted that the Chief Minister, Punjab, had no authority to approve/disapprove the transfer of a school teacher, that the impugned order is based on mala fides because Hafiz Muhammad Iqbal, a first cousin of the petitioner, had contested election against Malik Jalal-ud-Din a candidate of I.J.I.
4. I have considered the matter carefully. I do not feel persuaded to agree with the learned counsel for the petitioner. There is no satisfactory proof of the mala fides on the part of the respondent in the matter of the transfer of the petitioner. The Chief Minister of a Province being the Chief Executive, it cannot be said that he had no authority to approve or disapprove the transfer of a teacher employed in the Province. The learned counsel for the petitioner has not been able to lay hands on any provisions of law/case law, in support of his contention. Furthermore, the petitioner is liable to be transferred anywhere in the Province. She cannot claim her posting at a particular place as a matter of her right. * The impugned order does not suffer from any jurisdictional defect.
5. For what has been said above, there being no merit, the writ petition is dismissed in limine.
A.A./Z-226/L?????????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.