Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-------Ss. 9 & 21(2)---Punjab Service Tribunals Act (IX of 1974), S.4---Constitution of Pakistan, Art.212(3)---Transfer---Petitioner who was transferred from one place of service to another, having been re-transferred to his original place of service only after two months and 24 days, filed appeal before Service Tribunal, which was dismissed---Petitioner had contended that re-transferring order remained original order in terms of S.21(2) of Punjab Service Tribunals Act, 1974 and as no appeal had been provided against said original order, Service Tribunal was not justified to dismiss his appeal on that ground alone---Validity---Held, it was condition precedent that civil servant had to file departmental appeal/representation before the Departmental Authority; and thereafter availing 90 days, appeal was to be filed before the Service Tribunal within one month---Impugned order, in circumstances was in consonance with the mandatory provisions of law---Petition was dismissed, in circumstances. Mufti Mushtaq Ahmed's case PLD 1981 SC 172 and Gulbat Khan's case 1992 PSC 1071 rel. Muhammad Hanif Niazi, Advocate Supreme Court and C.M. Latif, Advocate-on-Record for Petitioner. Faisal Zaman Khan, Additional Advocate-General, Punjab for Respondent. ORDER CH. IJAZ AHMED, J.--- Necessary facts out of which the present petition arises are that petitioner was transferred from R.Y. Khan to Multan by the respondent vide order dated 23-5-2009 and subsequently re-transferred after two months and 24 days from Multan to R.Y. Khan vide order dated 7-8-2009. Petitioner being aggrieved filed Appeal No.1692 of 2009 before the Punjab Service Tribunal which was dismissed. 2. Learned counsel for the petitioner submits that transfer order dated 7-8-2009 is original order which remained as original order in terms of section 21(2) of the Punjab Service Tribunals Act, 1974. He further submits that there is no appeal provided against the original order of the transfer under the Act, therefore, Service Tribunal was not justified to dismiss the appeal on this ground alone. 3. Be that as it may, it is proper and…

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