ASGHAR KHAN vs PROVINCIAL GOVERNMENT S — 2024 PLC(CS) 1041 Gilgit-Baltistan Chief Court

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ASGHAR KHAN VS PROVINCIAL GOVERNMENT S. 9---Civil Servants Act (LXXI of 1973), S.10---Frequent transfers of the civil servant---Right to a specific posting---Scope---Plea/allegation of the applicant/appellant (Assistant Commissioner) was that the official respondents had frequently transferred him without any fault from one place to another---Validity---Controversy-in-hand stemmed from a series of transfer notifications affecting the applicant---It was to be ascertained that whether the transfer order concerning the appellant was motivated by malice, bias or ill-will or was arbitrary on the part of the competent authority---According to S.9 of Gilgit-Baltistan Civil Servants Act, 2011, every civil servant may be required to serve in various positions under different government entities---Consequently, the right to a specific posting is not absolute and a civil servant is obliged to comply with transfer orders issued by the competent authority---Practice of recurrent transfers within short span of time is deplorable, as it prevents the civil servant from settling into a role and performing his/her duties to the best---Posting and transfer decisions are inherent administrative functions of the Government, and a civil servant cannot unilaterally refuse or impugned such orders in contravention of the terms and condition of their service---Furthermore, it is not appropriate to interfere in the administrative affairs and policy decision of the Government, where no legal right of a person is infringed---Perusal of Civil Servants Act, 1973, read with relevant provision of Gilgit Baltistan Civil Servants Act, 2011, shows that it is within the competence of the authority to transfer a civil servant from one place to another to meet the exigencies of service or administration, provided his terms and conditions of service are not adversely affected---Moreover, the civil servant has no vested right to claim posting or transfer to any particular place of his choice, nor did he have any right to continue to hold a particular post at particular place---From the record it appeared that appellant was serving as Assistant Commissioner for more than one and half year before his subsequent posting vide impugned notification of transfer---Hence, the grievance of the appellant for frequent posting from one place to another in short span did not surface from the record---Appeal filed by the civil servant was dismissed, in circumstance.

ASGHAR KHAN vs PROVINCIAL GOVERNMENT S — 2024 PLC(CS) 1041 Gilgit-Baltistan Chief Court

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