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Case No. 258 of 1985, decided on 30th July, 1986.

‑‑‑S.4‑‑Appeal before Tribunal‑‑Transfers and postings‑‑Discretion of competent authority to accept or reject any proposal of mutual transfer‑ Mutual transfer or retransfer cannot be claimed as a matter of right‑‑Such matters regarding transfer, held, were administrative matters which were not subject‑matters of Service Tribunal‑‑Appeal was dismissed in limine in circumstances.

S.M. K. Lodhi for Appellant.

‑‑Ali Zaheer Minhas, Lecturer (Urdu), Government College, Baghbanpura, Lahore, has filed this appeal under section 4 of the Punjab Service Tribunal Act, 1974, in which he has impleaded the Government of Punjab, through the Secretary, Education Department, Civil Secretariat, Lahore, the Principal, Government College, Lahore, and the Principal Government College, Baghbanpura, Lahore, as respondents.

2. Through this appeal the appellant Ali Zaheer Minhas, prayed that the Government of the Punjab through Secretary, Education Department (respondent No. 1) be directed to act upon the mutual options of the appellant, Mr. Masood Hashmi and Mr. Fida Hussain and the appellant be ordered to be posted at Government College, Lahore vice Mr. Masood Hashmi.

3. Brief facts of the case are that the appellant Ali Zaheer Minhas claimed to be discharging his duties towards the Literary Society of the Government College, Lahore in addition to his normal duties. The appellant felt aggrieved when he was transferred from the Government College to Government College, Baghbanpura, Lahore. According to the appellant, it was due to prejudice from the former Principal, Government College, Lahore. The appellant complied with the transfer orders but made his efforts for his retransfer to Government College and in this respect also arranged mutual transfers with Mr. Masood Hashmi of Government College, Lahore, who desired to be transferred to Zamindara College, Gujrat from where Mr. Fida Hussain, Lecturer desired his transfer to Government College, Baghbanpura in place of the appellant. The appellant felt that the concerned authorities relied on the unfavourable letters against the appellant and thus the appellant is being denied the approval of the option. Hence this appeal.

4. Before the case could be admitted for regular hearing, the comments of the Secretary Education were sought. After obtaining the comments, copies were handed over to the appellant and the case was fixed for preliminary arguments. We have heard the learned counsel for the appellant who asserted that the options for mutual transfers tendered by the appellant as well as his colleagues, should be implemented and the appellant be retransferred to the Government College, Lahore. The learned counsel for the appellant concluded his arguments while stating that the appellant had good record of service and was being denied the privilege of reposting to the Government College, Lahore due to bias of his superiors.

5. We have carefully considered the points so raised by the appellant and have also perused the departmental comments. We are of the considered opinion that the transfers and the postings, are the administrative matters which are not subject‑matters of this Tribunal. Besides that the mutual transfers and particularly the retransfer of the appellant to the Government College, Lahore, can't be claimed as a matter of right. It is entirely the discretion of the competent authority to accept or reject any proposal of mutual transfer. It appears from the departmental comments that the Literary Society was not formulated under the orders of the competent authority, viz. the Principal Government College, Lahore and this could not stop the transfer of the appellant from the Government College, Lahore and after transfer cannot justify the appellant's retransfer to the Government College, Lahore.

6.Hence we see no justification to interfere in the matter and find no force in this matter. The appeal is dismissed in limine.

7. The decision was announced in the Court on 30‑7‑1985.

8. There will be no order as to costs.

A. A. Appeal dismissed.

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