ORDER SHEET
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Date Order with signature of Judge
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Present
Mr. Justice Muhammad Ali Mazhar
Mr. Justice Abdul Maalik Gaddi
Dr. Muhammad Tanweer Alam……...………………….......Petitioner
V E R S U S
Federation of Pakistan & others…………………………Respondents
Date of hearing: 17.11.2016
Mr. Abrar Hassan, Advocate a/w Petitioner.
Barrister Adnan Saboor Rohaila, Adv. for Resp. Nos.2-4
a/w contemnor Muhammad Murad Khan, Deputy Director
Admin. DRAP, Islamabad.
Shaikh Liaquat Hussain, Standing Counsel.
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Muhammad Ali Mazhar, J: The petitioner has basically challenged the impugned Notification of his transfer issued by respondent No.4 which is available at page 59 of court file. This consolidated order was issued on 30.05.2012 for ten officers and the name of the petitioner is mentioned at Sr. No.6. He was transferred from the post of Director Central Drug Laboratory, Karachi as Deputy Director General (E&M), Islamabad. In the opening paragraph of this petition the petitioner has himself stated that he is a civil servant who joined Ministry of Health on 12th November, 1986 as Assistant Drugs Controller (BPS-17). On 02.08.2012, the learned Division Bench suspended the impugned order of transfer of the petitioner and this order is in field since 2012.
2. The learned counsel for the respondents Nos. 2 to 4 as well as the learned Standing Counsel both have raised the issue of maintainability on the ground that admittedly the petitioner is a
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civil servant and appropriate remedy was to invoke the jurisdiction of the Federation Service Tribunal after complying with requisite formalities.
3. To a question raised by this court to the learned counsel for the petitioner as to whether any representation was filed against this transfer order, the learned counsel submits that the copy of appeal/representation is available at page 63 of the court file which was moved by the petitioner on 12.07.2012 in which in the concluding paragraph he has also mentioned three previous pending appeals but no decision has been taken on the pending appeal by the Competent Authority.
4. The petitioner in the first round submitted that he is being transferred to Islamabad office as OSD and being PHD in Pharmacy and grade-19 officer, it is not justified to place him as OSD. On this contention we kept aside this matter for a while to give opportunity to the counsel for the respondents to seek instructions as to whether the petitioner will be posted as OSD or some other charge will be given to him. The learned counsel for the respondents Nos.2 to 4 after tea-break appeared and clearly stated that due to non-compliance of some order the petitioner was posted as OSD but now he will be posted as Additional Director, Pharmacy Services (BS-19) in Islamabad and the learned Standing Counsel has also assured that the representation/ appeal of the petitioner will be decided within one month.
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5. We are sanguine to the fact that petitioner is civil servant and keeping in view the bar contained under Article 212 of the Constitution this court hardly has any jurisdiction to entertain this petition but since the parties have resolved the issue to some extent, therefore, this petition is disposed of on the firm assurance given by the learned counsel for the respondents Nos.2 to 4 and learned Standing Counsel that the respondent No.1 shall decide the pending representation/appeal of the petitioner within one month after issuing proper notice of hearing to him and he may also be provided ample opportunity of hearing before the competent forum. If the petitioner is found aggrieved, he may approach to the Federal Service Tribunal for the appropriate relief. Since the categoric statement has been brought on record that the petitioner will be posted as Additional Director, Pharmacy Services in the Islamabad, he may join the same. Pending applications are also disposed of.
Copy of this order may be communicated to the learned Standing Counsel for compliance.
Judge
Judge
Asif