Syed AFZAL AHMAD HYDARI vs SECRETARY DEFENCE PRODUCTION DIVISION, MINISTRY OF DEFENCE, RAWALPINDI And 3 Other

ORDER

1. S. USMAN ALI SHAH, J.---This is a petition for special leave to appeal filed by the petitioner against the order of the Federal Service Tribunal, dated 3-11-1988, whereby, his Appeal No.41(K) of 1988, was dismissed.

2. The petitioner is a Research Officer, in Defence Science and Technology Organization (HQ), Ministry of Defence (DESTO). He was posted to Karachi as research officer DESTO Labs, Karachi and in the same capacity was transferred to Chaklala vide order dated 22-11-1987. For cancellation of his subsequent transfer he made a representation to the Secretary Defence Production Division on 20- 12-1987. He also made a second representation to the same authority on 22-12-1987. His representations were dismissed vide order dated 30-12-1987.

3. Being aggrieved, the petitioner filed appeal before the Federal Service Tribunal on the following grounds:--

(i) That the order was mala fide.

(ii) That the appellant was transferred to a post where he could not render service as per his qualification; and

(iii) That the appellant's ill-health did not permit him to discharge his duties at the place of his new posting.

4. This appeal was resisted by the respondents and the learned Chairman and Member of the Tribunal after going into the facts and hearing the parties, dismissed the appeal vide order dated 3-11-1988. Hence, this petition for leave to appeal.

5. The petitioner was heard in person who is a qualified Botanist and according to him he is not medically fit to be posted and transferred in a chemical laboratory where toxic chemicals are handled. The petitioner has made reliance on the opinions of P.N.S. Shifa, Karachi, Military Hospital, Rawalpindi and Combined Military Hospital, Rawalpindi, who opined that the petitioner is not medically fit to be posted and or work in any chemical laboratory. Since, according to the petitioner that as per medical specialists' opinions he is very sensitive and elergic of a laboratory where chemicals are handled and thus his transfer to such laboratories shall prove fatal to his health.

6. We have every sympathy with the petitioner but he has not been able to find any rule or law placing any bar on the jurisdiction of the competent authority in making the transfer without the consent of the affected person. Section 10 of the Civil Servants Act, 1973 in clear. And unambiguous terms says that every Civil Servant shall be liable to serve anywhere within or outside Pakistan on any post under the Federal Government or the Provincial Government or a Local Authority or a Corporation. We are, therefore, of the view that the petitioner could be transferred to work in any post under the Federal Government, without his consent.

7. Under the circumstances, we find no substance in this petition, which is accordingly, dismissed.