IRFAN HUSSAIN vs PROVINCIAL GOVERNMENT S — 2025 PLC(CS) 907 GILGIT-BALTISTAN-SERVICE TRIBUNAL

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IRFAN HUSSAIN VS PROVINCIAL GOVERNMENT S. 9---Civil service---Transfer and posting---Place of posting/transfer---Discretion of employer-Authority---Grievance of the appellant was regarding his periodical transfer from one place to another within a short span of time without assigning any cogent reason---Validity---No doubt the appellant was a civil servant governed by the terms and conditions of Gilgit-Baltistan Civil Servants Act, 2011 ('the Act, 2011'), however, as per S. 9 of the Act, 2011 desired posting was not the perpetual right of civil servant and the concerned department could transfer any civil servant to serve at the place as given in the posting /transfer order---Appellant had failed to point out any term/condition which prohibited the respondent authority to transfer him from one place to another---Employment carries with it an obligation to serve, whichever place the competent authority posts / transfers the employee for administrative reasons---Appellant failed to establish that he was transferred/posted with mala fide intention by the competent authority---Employee cannot choose the place of posting and the authority knows where and how best the services of the employee are to be utilized---Transfer of an employee is an incidence of service and no employee can claim as a matter of right to remain posted at a place of his choice for an indefinite period---Record revealed that the appellant had been serving in the billing sub-division during his entire service from 2007, so in such situation how he could say that he was made a rolling stone during his entire service---Even as per impugned notification, the appellant had been posted from "Water and Power Division Gilgit" to "Water and Power Division Gilgit "with immediate effect---Competent authority can transfer an employee from one place to another on administrative ground and such kind of order does not violate any right of the employee and the competent authority is the best judge to choose the place of posting of an employee for smooth running of the official business and to get maximum benefit of his/her capabilities---There was no bar on the respondent / department to transfer the appellant from one place to another as per terms and conditions of S. 9 of the Act, 2011---Appeal filed by civil servant, being meritless, was dismissed, in circumstances.

IRFAN HUSSAIN vs PROVINCIAL GOVERNMENT S — 2025 PLC(CS) 907 GILGIT-BALTISTAN-SERVICE TRIBUNAL

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