SALEEM ULLAH KHAN vs FEDERATION OF PAKISTAN through Secretary, Establishment Division, Islamabad and others

' FAQIR MUHAMMAD KHOKHAR, J.---The petitioner seeks leave to appeal against judgment dated 8- 1-2004 passed by the Federal Service Tribunal, Islamabad (hereinafter referred to as the Tribunal) in Appeal No,1439(R)/C.S of 2003.

2. The petitioner, an officer of the Police Service of Pakistan, was posted in the Board of Investment, Government of Pakistani He was transferred and posted as O.S.D. In the Establishment Division by Notification dated 20-11-2003. His departmental representation there-against was rejected.

Therefore, he filed Appeal No,1439(R)/CS of 2003 before the Tribunal which was dismissed, by the impugned judgment dated 8-1-2004. Hence this petition under Article 212(3) of the Constitution of Islamic Republic of Pakistan, 1973, for leave to appeal.

3. The petitioner, appearing in person, argued that he was no more interested to remain posted with the Board of Investment as his further stay over there could be harmful for his future career.

He, however, submitted that his transfer as O.S.D. For an indefinite period was not proper. He drew our attention to a long list of Officers on Special Duty (O.S.D.) in the Establishment Division who were awaiting their further posting since long. He further contended that he had a right to work so as to justify the drawal of salary and other allowances. He relied on the cases of Syed Niaz Hussain Shah Bukhari, Technicia (Process) v. Oil and. Gas Development Corporation Limited, Islamabad 2003 SCM R 228 and Syed Ajmal Hussain Bokhari v. Commissioner, Rawalpindi 1997 PLC(C.S.) 754 in support of his contentions. The petitioner lastly submitted that he ought to have been, posted against a cadre post in terms of rule 9(1) of the Police Service of Pakistan (Composition, Cadre and Seniority) Rules, 1985.

4. On the other hand, Mr. Makhdoom Ali Khan, the learned Attorney-General for Pakistan submitted that by virtue of section 10 of the Civil Servants Act, 1973, every civil servant was liable to serve anywhere in any equivalent post in the Federal or Provincial Government or a local authority, Corporation or Body set-up or established by any such Government. The matter of posting and transfer of civil servants was essentially an administrative one which squarely fell within the domain of the relevant departmental authorities. The learned Attorney-General further pointed out that, even on merits, the petitioner had not been able to make out a case in his favour.

5. We have heard the petitioner and the learned Attorney-General for Pakistan at some length, The petitioner has himself stated that he does not want to continue in the Board of Investment as it might be prejudicial to his career, On the last date of hearing, the Chairman of the Board of Investment, had taken strong exception to the posting of the petitioner in the Board. The petitioner, however, placed on record a list of senior officers who were being continued as Officers on A Special Duty (0.S.D.) in the Establishment Division for interminable period without assigning to them any responsibilities. This is a pathetic state of affairs. It is high time that the issue is properly addressed by the Federal Government. The Attorney-General for Pakistan shall take up the matter with the Establishment Division which shall immediately undertake an exercise to review the cases of all such officers in order to consider the suitability for their further posting. The Federal Government may also like to evolve a policy for periodic review of such cases.

6. However, we do not find any legal infirmity in the impugned judgment of the Tribunal, having regard to the peculiar facts and circumstances of the present case. This is not a fit case for interference by this Court.

7. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused with the above directions.