Law:

Section:

Civil service-------Transfer---Civil servant who was serving in Civil Defence Training School since long as Upper Division Clerk, was transferred with immediate effect to Civil Defence Academy---Civil servant had challenged such transfer contending that post of Superintendent existed in Civil Defence Training School and he being senior most Upper Division Clerk was entitled to be promoted to that post, but he had been transferred with mala fide intention so that he could not be promoted to that post---Validity---Transfer of civil servant from Civil Defence Training School to Civil Defence Academy, being not in public interest, contention of civil servant that his transfer was with mala fide intention to deprive him of the right of promotion, was convincing---Order of transfer of civil servant, was set aside, with direction that his case of promotion be considered in accordance with relevant rules and regulations. Kalabe. Ali Sheikh for Appellant. Respondent No.4 in person. Zafar Javid, Asstt. Director Muhammad Din, Commandant Civil Defence Academy and Mqbool Ahmad, Commandant Civil Defence Training School, as Departmental Representatives. Date of hearing: 4th September, 1997. JUDGMENT NASIM SABIR SYED (MEMBER).---The relevant facts of this case are that the appeal is directed against the impugned office order, dated 24-3-1997 whereby the appellant U.D.C. (B-7) was transferred back to his parent office i.e. Civil Defence Academy, Lahore from Civil Defence Training School with immediate effect. It has been claimed by the appellant that this transfer was mala fide as he was serving in Civil Defence Training School, Lahore since 8-4-1974. This Training School alongwith all other Provincial Civil Defence Schools were taken over by the Federal Directorate General, Civil Defence, Islamabad with effect from 1-10-1975. The appellant on his transfer from Provincial Civil Defence Training School, Lahore was appointed as Demonstrator under respondent No. 3 i.e. Commandant Federal Civil Defence Training School, Sector B-II, Township, Lahore with effect from 1-10-1975 vide office order No.14/27/73, dated 15-10-1975. It was highlighted that services of the appellant were…

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