Law: Constitution of Pakistan, 1973

Section: 199,212

Constitution of Pakistan, 1973-- ----Arts. 199 & 212--Constitutional jurisdiction--Civil servant--Promotion--Bard by--Provision of constitution--Term and conditions of service--Alternate adequate remedy--Transfer order was passed on basis of mala fide and coram non-judice--Transfer order is passed on basis of mala fide or coram non judice or is in violation of any rules, same could only be challenged before Service Tribunal--It has been settled by Apex Court time and again that matter regarding transfer of a civil servants is one of incident of terms and conditions of service, which could not be agitated before High Courts, through Constitutional petition under Article 199 of Constitution--Article 212 of Constitution, explicitly bars jurisdiction of High Courts in matters exclusively triable by Service Tribunal--Petitioners have got an alternate adequate, efficacious remedy before Service Tribunal for redressal of their grievance. Muhammad Yaseen vs. Chairman, Pakistan Telecommunication etc. NLR 2003 Civil 321 & Ali Azhar Khan Baloch & others vs. Province of Sindh & others 2015 SCMR 456, ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, JUSTICE- Through this single order, we intend to dispose of instant petition (Writ Petition No. 2734-P/2017) alongwith connected Writ Petitions Bearing Nos. 2959-P/2017 and 3157-P/2017, as identical question of law and facts are involved therein. 2. Brief facts of Writ Petition No. 2734-P/2017 is that the petitioner was appointed as Junior Clerk (BPS-5) in the year 1995 by Agency Surgeon Mohmand Agency. He was lastly promoted to BPS-11 after serving for 22 years. Lateron videoffice order dated 20.6.2017, petitioner was repatriated by Respondent No. 1 to Health Department Khyber Pakhtunkhwawith immediate effect. 3. The precise facts of Writ Petition No. 3157-P/2017 are that initially petitioner was appointed as Junior Clerk in BPS-5 by the Divisional Director Health Services Kohat vide office order dated 3.3.1993. He was transferred to the Directorate of Health Services FATA in the year 2004 and lateron transferred to Agency Surgeon FR Peshawar vide office order dated 3.7.2014. He was lastly promoted to BPS-11 after…

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