Law:

Section:

Balochistan Civil Servants Act (IX of 1974)-------S. 10--Constitution of Pakistan, Art.199---Constitutional petition---Transfer---Petitioners being aggrieved of order, whereby they were transferred from one place of working to another contended that impugned orders had been made in violation of Rules and Regulations, as well as in violation of decision of the Provincial Cabinet---Section 10 of Balochistan Civil Servants Act, 1974 provided that every civil servant was liable to serve anywhere within or outside the Province concerned, with exception that civil servant was recruited specifically to serve in a particular area or region---Petitioners being civil servants, during subsistence of their service, were liable to serve anywhere within or outside the Province---Petitioners were unable to establish that their case was covered by term `frequent transfer and posting', they had also failed to show any mala fide on the part of concerned authorities while making orders in their case---Petitioners having failed to make out any case in their favour, their petition was dismissed in circumstances. Muhammad Usman Yousafzai for Petitioners. Nemo for Respondents. ORDER MRS. SYEDA TAHIRA SAFDAR, J.--- The petitioners being aggrieved of order dated 22-1-2011, whereby they have been transferred from District Quetta, while posted at District Headquarter Hospital, Zhob, preferred instant petition with contention, that the order has been made in violation of Rules and Regulations, as well as in violation of decision dated 17-2-2003 of the Provincial Cabinet, Government of Balochistan. It is their contention, that ban has already been imposed on posting and transfer of officials as per directives of Chief Minister Balochistan contained in dated 28-9-2010, as such impugned order is also violative of the same. Furthermore, they (petitioners) have not completed the required two years period of posting, at a station, while petitioner No.2 has already completed six years as periphery at District Headquarter Hospital, Kohlu. It is further contended, that the order is made without any legal justification, incompetently made, and unjustified, thus liable to be withdrawn. Learned…

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