Law:

Section:

Civil Servants Act (LXXI of 1973)--S.10---Constitution of Pakistan (1973), Art. 212(3)---Transfer of civil servant---Challenge to---Civil Servant, while posted at `K' was transferred in the same capacity to "C"---Civil servant's representations having failed, he filed appeal which was dismissed by Service Tribunal---Leave to appeal---Petitioner civil servant's plea was that he was not medically fit to be posted and transferred in a chemical laboratory where toxic chemicals were handled---Civil servant had not been able to find any rule or law placing any bar on the jurisdiction of competent Authority in making the transfer without the consent of affected person---Provisions of S.10, Civil Servants Act postulate in clear and unambiguous terms, that every civil servant would be liable to serve any where within or outside Pakistan on any post under the Federal Government/Provincial Government/Local Authority or a Corporation---Civil servant could thus, be transferred to work in any post under the Federal Government, without his consent---Leave to appeal was refused in circumstances. ORDER S. USMAN ALI SHAH, J.---This is a petition for special leave to appeal filed by the petitioner against the order of the Federal Service Tribunal, dated 3-11-1988, whereby, his Appeal No.41(K) of 1988, was dismissed. The petitioner is a Research Officer, in Defence Science and Technology Organization (HQ), Ministry of Defence (DESTO). He was posted to Karachi as research officer DESTO Labs, Karachi and in the same capacity was transferred to Chaklala vide order dated 22-11-1987. For cancellation of his subsequent transfer he made a representation to the Secretary Defence Production Division on 20-12-1987. He also made a second representation to the same authority on 22-12-1987. His representations were dismissed vide order dated 30-12-1987. Being aggrieved, the petitioner filed appeal before the Federal Service Tribunal on the following grounds:-- (i) That the order was mala fide. (ii) That the appellant was transferred to a post where he could not render service as per his qualification; and (iii) That the appellant's…

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