Law: Balochistan Civil Servants Act, (IX of 1974)

Section: 4,10

Law: Constitution of Pakistan, 1973

Section: 199

Balochistan Civil Servants Act (IX of 1974)---   ----Ss. 4 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Transfer---Petitioner was transferred and assumed charge of the post where he was transferred, but within three months he was again transferred---Petitioner had impugned order of his transfer and contended that two illegalities were committed by the authorities while transferring him; firstly, he was not allowed to remain on the post at least for two years, while a junior officer of low grade was posted on the post, secondly action was taken in violation of policy laid down by the Government---Maintainability of constitutional petition was disputed by the authorities on the ground that dispute in respect of posting and transfer of a civil servant fell within the terms and conditions of service, which could not be challenged by invoking constitutional jurisdiction of High Court; further that the petitioner was not an aggrieved person within the meaning of Art.199 of the Constitution---Petitioner being a civil servant was liable to serve within the Province or outside, while competent authority had the power to make transfer and posting of its employees as per provisions of S.10 of Balochistan Civil Servants Act, 1974, to that extent no illegality was committed in the impugned notification---Act of transfer however was in violation of policy laid down by the Government---Transfer and posting of the petitioner were made only on wish of some Minister, which was neither legal nor proper---Though concerned authorities-had the power to make transfer and posting of their employees, but that power must be exercised with due care and caution and without male fide intention---Posting of an officer of lower grade on the post of higher grade in the presence of officer of similar grade was bad in eyes of law---As the posting and transfer of a civil servant was not included in the terms and conditions of his service, it would not come within the jurisdiction of Service Tribunal having exclusive jurisdiction in respect of matters relating to terms and conditions of service of civil servant---There being violation of law in respect of…

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