BEGUM ISMAT AZHAR vs PUNJAB GOVERNMENT THROUGH SECRETARY, EDUCATION AND ANOTHER

ORDER

' The petitioner, through this writ petition, has called in question Order No, SO (SE)-2-6/85, dated the 1st February, 1987 passed by the Secretary, Education, Government of the Punjab, wherein upon reinstatement with effect from 2-5-1986, her services were placed at the disposal of Director, Public Instructions (Schools), Punjab, Lahore, for adjustment against a vacancy out of Lahore for the purposes of drawing pay and was posted as Officer on Special Duty in the Office of Director, Public Instructions (Schools), Punjab, Lahore till she reaches superannuation age i. e. 15-5-1987.

2. Brief facts culminating into this writ petition are that the petitioner's date of birth was recorded in the service book as 15-5-1927. This date was accepted as correct while making an entry regarding the date of birth in J. A. V. Certificate issued in the year 1948. Subsequently, the petitioner experienced certain matrimonial complications with her former husband Mr. Ghulam Rasool Azhar.

In view of these difficulties, the said Mr. Ghulam Rasool Azhar made an application to the Secretary Education, Punjab, alleging that the petitioner's date of birth as recorded in her service book was incorrect vis-a-vis her date of birth as recorded in the Matriculation Certificate, t. e. 3-5-1926. After certain proceedings, the Secretary Education directed that the petitioner's date of birth be altered in accordance with the Matriculation Certificate and consequently, she was retired from service on 2-5-1986.

3. The petitioner preferred an appeal against her order of retirement before the Punjab Services Tribunal (Rawalpindi Circuit) being Case No, 304/795 of 1986, which was accepted vide order dated 24-8-1986, whereby the learned Tribunal was pleased to set aside the retirement order as of no legal effect. It was further held, that the petitioner's date of birth would be the date as entered in her service book and she was entitled to serve till 15-5-1987.

4. The Government of the Punjab, in pursuance to the afore referred judgment of the Punjab Services Tribunal reinstated the petitioner in service vide Order No, S.

0. (SE)-2-6/85, dated 1-2-1987 with effect from 2-5-1986.

5. The Government of the Punjab vide Order No, S.

0. (SE)-2-6/85, dated the 6th of February, 1986 also directed for correction of the petitioner's date of birth.

6. The petitioner through this writ petition has questioned the vires of the impugned order in so far as it has been directed that she be adjusted against a vacancy outside Lahore for the purposes of pay and her posting for work as 0. S. D. At Lahore, and prays that directions be issued that petitioner be posted as Headmistress, Government Girls High School, Ferozepur Road, Lahore (the last place of her posting). It has been further stated at the Bar that petitioner is due to retire on 15-5-1987 and would suffer in terms of certain financial benefits on account of her posting.

7. Arguments have been heard at the bar.

8. In my view, posting and transfer is a necessary feature of service and can be best judged by the authority under whom a person is serving. This Court in its constitutional jurisdiction cannot interfere in such like matters.

9. Independent of .The above, posting and transfer being necessary condition of service is outside the scope of constitutional jurisdiction of this Court, as enshrined in Article 212 of the Constitution of the Islamic Republic of Pakistan, 1973.

10. In this view of the matter, I am not inclined to admit this petition and the same is dismissed in limine. However, if the petitioner is so advised and feels appropriate, may approach proper forum for redress of her alleged grievances in the nature of financial disadvantages.