ASIF ALI MEMON vs PROVINCE OF SINDH through Chief Secretary Government of Sindh S

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ASIF ALI MEMON VS PROVINCE OF SINDH through Chief Secretary Government of Sindh S.10---Constitution of Pakistan, Arts. 199 & 212---Constitutional petition---Maintainability---Posting of choice---Tenure post---Petitioner was civil servant who called in question his transfer and posting orders---Plea raised by petitioner was that duty on which he was working was assigned to him by Supreme Court---Validity---Civil servant could not insist under S. 10 of Sindh Civil Servants Act, 1973, to be posted or transferred to a particular post---Civil servant could not be humiliated by replacing him through officer junior to him---Minimum period during which a civil servant must serve at his post was not prescribed under S.10 of Sindh Civil Servants Act, 1973---Government without assigning any reason could not move a civil servant from the place he was posted to after a month or subject the civil servant to repeated postings in a short period because such would amount to punishing him--- Such postings also adversely affected public interest and could result in wastage of rare resources and constitute bad governance---Rules and regulations of Karachi Development Authority (KDA) designated certain posts as 'tenure posts' and prescribed certain tenure for an incumbent to serve on such posts---Prescribed tenure could be categorized as ideal duration for which a civil servant should serve at a particular post---Post of Director General KDA though was not a tenure post in its terms, however, principle of serving for a particular duration at post in question should be followed---Petitioner was posted for a little over a month when he was again posted---Any civil servant posted to a particular post required some time to familiarize himself with workings of office and requirements of post whereafter he would be best placed to acquit himself of responsibilities of the post---One month posting of petitioner could not serve interest of public at large---Matter was not maintainable under Constitutional command as provided under Art. 212(2) of the Constitution---Constitutional petition was dismissed accordingly.

ASIF ALI MEMON vs PROVINCE OF SINDH through Chief Secretary Government of Sindh S — 2023 PLC(CS) 228 KARACHI-HIGH-COURT-SINDH

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