Law:

Section:

Civil Servants Act (LXXI of 1973)--- ----S. 10---Constitution of Pakistan, Arts.212 & 199---Civil Service---Constitutional Jurisdiction of High Court---Scope- Transfers/postings of civil servant---Petitioner impugned order for his transfer from Hospital on the ground that the same was violative of the spousal policy of the Provincial Government---Validity---Article 212 of the Constitution created a specific bar on the High Court to give relief to the petitioner---Transfer and positing was one of the conditions defined in Chapter II S.10 of the Civil Servants Act, 1973; and therefore, High Court lacked jurisdiction to entertain constitutional petition challenging order for transfer or posting---Constitutional petition was dismissed. ORDER WAQAR AHMAD SETH, J.--- Petitioner has called in question order dated 2-5-2012 vide which he has been transferred from Civil Hospital, Jamrud Khyber Agency (FATA), in violation of spouse policy of the Government in field. 2. Learned counsel for the petitioner contended that petitioner joined the Health Department in the year, 2002 as Dental Technician in BPS-9 and he served the department quite efficiently and upto the entire satisfaction of the superior; that being bona fide resident of Khyber Agency, petitioner and his wife, who is an employee of Education Department, are posted in the same Jamrud Khyber Agency but vide impugned office order dated 2-5-2012, allegedly on the pretext of unwilling worker, he has been transferred from Civil Hospital Jamrud and surrendered at the disposal of Director General Health Services, Khyber Pakhtunkhwa for further posting. 3. Record scrutinized, which reveals that against the impugned order of transfer petitioner has submitted his representation dated 4-5-2012 before the Director Health Services, reply to which is awaited, hence this writ petition. 4. Arguments heard and record perused. 5. No doubt, there is a well settled spouse policy under which the petitioner has the cause of action and locus standi to claim his rights but it is to be seen that whether Article-199 of the Constitution of Islamic Republic of Pakistan, 1973 can be put in motion in this respect. 6. We have given…

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