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Petitioner: RAZIA KAUSAR, SHOP ASSISTANT VS Respondent: SECRETARY TO GOVERNMENT OF THE PUNJAB, EDUCATION DEPARTMENT, LAHORE
1999 P L C (C
1999 P L C (C.S.) 735
[Service Tribunal Punjab]
Before Muhammad Aslam, Member‑1
RAZIA KAUSAR, SHOP ASSISTANT
Versus
SECRETARY TO GOVERNMENT OF THE PUNJAB EDUCATION DEPARTMENT, LAHORE and others
Appeal No. 1378 of 1996, decided on 19th February, 1997.
Civil service‑‑‑
‑‑‑‑Transfer‑‑‑Civil servant working as Shop Assistant (BS‑6) in Vocational Institute for Women at place 'H' transferred in same institution at place 'F', which transfer had been resisted by civil servant‑‑‑Only one post of Shop Assistant was at place 'H' and civil servant and co‑civil servant both were interested to work at place 'H' at that post‑‑‑If Claim of both ladies were accepted, there would have been problem of adjustment against available post‑‑‑Department concerned was to assess the work load and requirement on each place of working and to examine requests of rival civil servants in the light of rules and transfer policy‑‑‑Case was remanded to Director, Technical Education for decision with approval of appropriate Authority.
Muhammad Ashraf for Appellant.
Ch. Manzoor Hussain, D.A. and Mrs. Rizwana Anjum Mufti for Respondent No.4.
Date of hearing: 30th December 1996.
JUDGMENT
The appellant Mst. Razia Kausar, Shop Assistant (BS‑6) Vocational Institute for Women, Fort Abbas, District Bahawalnagar has appealed against the orders dated 20‑6‑1.996, 6‑8‑1996 and 23‑9‑1996 passed by Director Technical Education, Punjab, Lahore (respondent No.3) whereby she was transferred from Vocational Institute for Women, Haroonabad to Government Vocational Institute for Women, Fort Abbas and has also requested for restoration of the orders dated 24‑6‑1996 and 15‑9‑1996 whereby she was adjusted at Haroonabad. The appeal was resisted by Mst. Nasira Gul, Shop Assistant (BS‑6), respondent No.4, and Mst. Shamshad Kausar, Junior Trade Instructor (Respondent No.5) Haroonabad, District Bahawalnagar. Both the respondents claim to be entitled to be posted at Haroonabad. Respondent No.3 in his comments has stated that the impugned order dated 20‑6‑1996 was issued on the direction of the Education Minister and the order dated 6‑8‑1996 was issued on the direction of the Authority.
2 Arguments were heard at preliminary stage. It transpired that there is only one post of Shop Assistant at Haroonabad and the appellant as well as respondent No.4 are both Shop Assistants. There is one post of Junior Trade Instructor each at Haroonabad as well as Fort Abbas. In case the claims of the three ladies are accepted, there would have been problems of adjustment against the available posts. On the other hand, the department has been temporarily adjusting the particular incumbents by upgrading the existing posts.
3. Be that as it may, it is for the department to assess the work load and requirements on each station and then examine the requests of the three ladies in the light of the rules and transfer policy, and may also seek from the relevant authority, re‑adjustment of the posts, if so warranted in public interest, if that is required to be done while examining the case of the appellant as well as respondents Nos.4 and 5. The case is accordingly remanded to the Director Technical Education, Punjab (respondent No.2) for, decision with the approval of the appropriate authority.
4. The appeal is disposed of as above. Parties be informed.
H.B.T./552/ST.P. Order accordingly.