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Petitioner: MUHAMMAD NAVEED VS Respondent: GOVERNMENT OF KHYBER PAKHTUNKHWAHonorable Justice Muhammad Younis ThaheemFida Bahadur
2016 P L C (C.S.) 24
[Peshawar High Court]
Before Muhammad Younis Thaheem, J
MUHAMMAD NAVEED
Versus
GOVERNMENT OF KHYBER PAKHTUNKHWA through Secretary Education, Peshawar and 3 others
Writ Petition No.886-A of 2014, decided on 23rd December, 2014.
Khyber Pakhtunkhwa Civil Servants Act (XVIII of 1973)---
----S. 10---Constitution of Pakistan, Arts.199 & 212---Constitutional petition---Posting and transfer of an employee---Terms and conditions of service---Jurisdiction of High Court---Scope---Posting and transfer of a civil servant was a part of terms and conditions of service---Civil servant could be transferred during period of service anywhere which would fall under terms and conditions of service---Jurisdiction of High Court under Art.212 of the Constitution was explicitly barred---Present matter would come within the domain of Service Tribunal---Constitutional petition was dismissed in limine.
Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others 1997 SCMR 169 rel.
Fida Bahadur for Petitioner.
Respondents.
Date of hearing: 24th December, 2014.
JUDGMENT
MUHAMMAD YOUNIS THAHEEM, J.--- Petitioner Muhammad Naveed seeks constitutional jurisdiction of this Court praying that:---
"On acceptance of the instant writ petition, the impugned order passed by respondent No.2 upon the direction of Minister may graciously be set aside and struck down being, null and void ab initio, unlawful, result of mala fide and tapism, colourful authority, based on political interference and pressure and the original transfer order No.26745-49 dated 6-11-2012 may graciously be restored."
2. In essence, the grievance of the petitioner is that he was appointed as Laboratory attendant in BPS-(sic) on 27-5-1995 and promoted as Junior Clerk on 03-9-2013. That the petitioner was posted and performed his duties in Government Girls College, Haripur till 6-11-2014 and thereafter was transferred to Abbottabad on 12-11-2014; that after one month the said transfer of the petitioner was cancelled vide notification dated 29-11-2014 that the said transfer order has been assailed by the petitioner through the instant writ petition.
3. Arguments of learned counsel for the petitioner heard and records annexed with the writ petition was gone through.
4. Admittedly, the petitioner is a civil servant and has attacked the cancellation order dated 29-11-2014. Under Chapter II Civil Servant Act, 1973, posting and transfer is a part of terms and condition of service of an employee and section 10 of the Act provides that a civil servant can be transferred during period of service anywhere which squarely falls under the terms and condition of service, as such, comes within the domain of Service Tribunal and jurisdiction of this court under Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 is explicitly barred. Reliance may be placed on case titled "Ayyaz Anjum v. Government of Punjab, Housing and Physical Planning Department through Secretary and others" (1997 SCMR 169), wherein it was held that the matters of posting and transfer relating to the terms and condition of a civil servant and disputes about such matters would fall within exclusive jurisdiction of appropriate Service Tribunal and jurisdiction of High Court is barred under Article 212(2) of the Constitution.
5. In view of the above, the instant writ petition being bereft of merits is dismissed in limine.
ZC/359/P Petition dismissed.