Law:

Section:

(a) Civil service--- ----Transfer and posting---Scope---Grievance of petitioner was that despite successful completion of the process of appointment and issuance of posting order in pursuance thereof, he was not being allowed to join his duties had statedly filed a representation in that behalf before the Administrator concerned, but till date no action was taken thereon---High Court observed that if any application/representation/complaint was filed by the petitioner before the competent authority, the same shall be decided within fifteen days from receipt of the order strictly in accordance with law---Constitutional petition was disposed of accordingly. (b) Civil service--- ----Transfer and posting---Constitutional petition under Art.199 of the Constitution---Maintainability---High Court observed that common practice has developed that constitutional petitions are filed before the High Court seeking posting or questioning transfer---Such petty issues should not be brought before the High Court under Art. 199 of the Constitution and the Secretary or Head of the relevant department should be approached first in case posting is denied or delayed after appointment or the employee is aggrieved by his transfer---Secretary/Head of such department shall decide the matter strictly in accordance with law within fifteen days from the date of receipt of his application/representation---Office of the High Court was directed not to entertain any constitutional petition relating to posting and/or transfer unless the above remedy was exhausted by the person approaching the Court. ORDER NADEEM AKHTAR, JUSTICE:---.--- It is contended that despite successful completion of the process of appointment and issuance of posting order dated 06.10.2020 (page 25) in pursuance thereof, the petitioner is not being allowed to join his duties. It is stated that a representation in this behalf has been filed by the petitioner before respondent No.1 / Administrator KMC, but till date no action has been taken thereon. If any application / representation / complaint has been filed by the petitioner before the competent authority, the same must be decided by the said authority within fifteen…

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