Messrs BILQEES AKHTAR, NURSING INSTRUCTOR Versus GOVERNMENT OF PUNJAB through Secretary

ORDER

MAULVI ANWARUL HAQ, J.--- The petitioner, admittedly a civil servant, feels aggrieved of her transfer order, dated 16-1-2006 (Annex.B). Learned counsel contends that the impugned order is violative of transfer policy in force as also the directives of the Hon'ble Supreme Court of Pakistan contained in Zahid Akhtar's case (PLD 1995 SC 530).

2. In view of provisions of Article 212(3) of the Constitution, this matter is not cognizable here. However, writ petition is disposed of with the direction that the petitioner to immediately file departmental appeal before the competent authority. In case such an appeal is tiled, the same A shall be decided strictly in accordance with applicable rules and the transfer policy and more particularly the directives contained in well-known Zahid Akhtar's case (PLD 1995 SC 530). The competent authority shall also look into the matter as to how the Additional Secretary has overruled the departmental head i.e. Secretary who had refused to withdraw the earlier transfer order of the private respondent and till the pending decision of the appeal the said directives of the apex Court shall not be violated.

H.B.T./B-20/L Order accordingly.