IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Constt:Petition.No.D-1025 of 2017

Present:

Mr. Justice Khadim Hussain Tunio,

              Mr. Justice Irshad Ali Shah,

Petitioner                            :           Islam-ud-Din Solangi through

Mr.Inayatullah G.Morio, Advocate

Respondents                      :           Through Mr.Niaz Ahmed Shaikh,

Advocate for respondent No.1 to 3, &

Mr.Abdul Rasheed Abro,

Assistant Attorney General.

Date of hearing                  :           01.11.2018             

Date of decision                :           01.11.2018                         

O R D E R

IRSHAD ALI SHAH, J.-     The petitioner by way of instant constitutional petition has prayed for the following relief;

a).       That, this Honourable Court may graciously be pleased to set aside the impugned office memorandum dated 02.11.2017, placed as Annex: “C” being in violation of wedlock policy of the respondents.

b).       To award cost of this petition.

c).       Any other relief which this Honourable Court deems fit and proper under the circumstances may also be granted to the petitioner.

2.                    The facts in brief necessary for disposal of the instant constitutional petition, are that the petitioner being Assistant Vice President working with “Zarai Tarqiati Bank” was posted as Zonal Manager (Operation) at Zonal Office Larkana, vide office memorandum dated 17.03.2014, while his wife was serving with Education and Literacy Department as Head Mistress and was posted at Government Girls High School Jindodero, District Shikarpur. As per the petitioner, in violation of Wedlock Policy, he vide office memorandum dated 02.11.2017, has been transferred to Bahawalpur Zone and now has been relieved from his duty at Larkana. It was in these circumstances, the petitioner has maintained the instant constitutional petition.

3.                    In Para-wise comments, it was submitted by respondents No.1 to 3 that no declaration is filed by the petitioner declaring therein that his wife is working as Head Mistress at Government Girls High School Jindodero, District Shikarpur. The officers are to be rotated after maximum period of three years.       The petitioner has remained posted at Larkana for about four years. No malafide was behind his transfer order. Transfer of the petitioner was ordered as rotation to meet with shortage of the staff at Bahawalpur Zone. By submitting so, they sought for dismissal of the instant constitutional petition.

4.                    It is contended by learned counsel for the petitioner that the petitioner has been transferred by authority of the bank from Larkana to Bahawalpur Zone in violation of Wedlock Policy with ulterior motives. By contending so, he sought for declaration of transfer order of the petitioner as illegal and void.

5.                    It is contended by learned counsel for the respondents No.1 to 3 that the petitioner has not declared his wife as Head Mistress working with Government of Sindh, for enforcement of wedlock policy. His transfer was a routine affair. It was ordered without any ill-will or malafide. The request of the petitioner in terms of instruction No.3.15 (i) of the Bank Policy, for cancellation of his transfer order has also already been rejected by the competent authority, which has attained its finality. By contending so, he sought for dismissal of the instant constitutional petition.

6.                    Learned Assistant Attorney General was fair enough to say that no interest of federation is involved in the instant litigation. 

7.                    We have considered the above arguments and perused the record.

8.                    At the very outset, it may be stated that the transfer and posting is normally a prerogative of competent authority subject to certain limitation particularly that of specific period. There is no dispute with regard to the fact that the petitioner has remained posted at Larkana Zone for about four years and subsequently he was transferred from Larkana to Bahawalpur Zone and his request for cancellation of his transfer order in terms of instruction No.3.15 (i) of the Bank Policy, has been rejected by the competent authority (Senior Vice President) of Zarai Tarqiati Bank. These were prima facie factual aspects, which compelled the petitioner to file the instant constitutional petition for cancellation of his transfer order only on basis of Wedlock Policy only. To this, it can well be said that before insisting for benefits of a policy one must always establish his entitlement thereto, therefore, it was always obligatory upon him to have established that he (petitioner) had;

i) informed the institution about serving of his wife as Head Mistress working with Government of Sindh; and

ii) that of her present posting at Government Girls High School Jindodero, District Shikarpur

9.                    These shall help absolute obligation of the institutions in managing and controlling their affairs by placing suitable persons at needed place which, too, without disturbing the object of Wedlock Policy.

10.                  The respondents have categorically claimed that the petitioner has never declared his wife to be working as Head Mistress with Government of Sindh at particular place so as to take benefit (s) of Wedlock Policy. In absence whereof, the petitioner cannot be held entitled for such relief. It may also be added that such claim of respondents is not refuted by the petitioner. Even otherwise, if is taken to have been denied, would make such question a matter involving factual controversy which alone legally is sufficient for with-holding exercise of Constitutional Jurisdiction by this Court.

11.                  Above are the reasons of our short order dated 01.11.2018, whereby the instant constitutional petition was dismissed.

                                                                                                JUDGE

                                                                       JUDGE

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