Law:

Section:

Civil Servants Act (LXXI of 1973)---------S. 10---Constitution of Pakistan (1973), Art.199---Constitutional petition---Posting and transfer---Writ of quo warranto---Posting and transfer of officers including petitioner and respondent, was made in public interest---No public servant had vested right to claim appointment to a particular post---Opinion as to public interest formed by a public functionary, could not be substituted by High Court in exercise of its extraordinary discretionary jurisdiction under Art. 199 of the Constitution. Rana Bashir Ahmed Kasuri for Petitioner. Dr. M. Mohy-ud-Din Qazi and Dr. Ehsan-ul-Haque Khan for Respondents Nos.1 and 2. Aamir Rehman, Addl. A.G. for Respondent No.6. Date of hearing: 17th September, 2004. JUDGMENT This writ petition seeks an order/direction in the nature of writ of quo warranto against respondent No.6. Dr. Rashid Mehmood Raufi, who is holding the post of District Officer (Health-II), in BS-19 by virtue of the order dated 6-9-2003 of the Secretary Local Government and Rural Development/Chairman Punjab Local Government Board. This order further directed transfer of the petitioner from the said post to the post as Medical Superintendent I.D. Hospital, Bilal Ganj. The petitioner is in regular BS-19 and by virtue of order dated 6-5-2003 of the Punjab Local Government Board, he was allowed move over in BS-20. The petitioner is aggrieved of his dislocation and has questioned the authority of respondent No.6 to hold the post in question. 2. The learned counsel for the petitioner contends that the post in-question is in BS-19 while the said respondent is in BS-18. It may be noted that initially, the petitioner had challenged his own order of transfer. The writ petition came up for preliminary hearing on 15-9-2003 on which date I was of the view that an order of transfer cannot be questioned on account of the bar of Article 212 of the Constitution because the petitioner was a member of Local Council Service. The petitioner sought amendment in the writ petition adding a prayer for issuing a writ of quo warranto which was allowed. 3. The learned counsel, with reference to the seniority list of BS-19 officers, in the Health…

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