Routine Transfers are Administrative Decisions and cannot be challenged under Article 199 of the Constitution --- Lahore High Court Dismisses Writ Petition Challenging Transfer

Islamabad 05-03-2025: The Lahore High Court (LHC) has dismissed a Constitutional Petition filed by a government school teacher, challenging her transfer order, ruling that the matter falls within the exclusive jurisdiction of the Punjab Service Tribunal. The judgment, authored by Mr. Justice Malik Muhammad Awais Khalid, emphasized that routine transfer orders cannot be challenged under Article 199 of the Constitution.

The petitioner, a Secondary School Educator (Physics-Math), was appointed in 2012 and later promoted as Headmistress at Government Girls Elementary School, Roranwali, Mananwala, Sheikhupura. On September 22, 2024, she was transferred to Government Girls High School, Rasulpur Jattan, under Transfer Order No. LSTO/SKP/HSS-3605/2024.   

In her petition, [WP No. 73638 of 2024], she contended that:  

1. Her transfer violated the Punjab Transfer Policy, 2024.  
2. A School Information System (SIS) notification had restricted teacher transfers in the recent E-Transfer Round.  
3. Another teacher, Sidra Anwar (SSE IT), had a longer tenure at the school but was not transferred, indicating discriminatory application of policy.

The Punjab Government, represented by Additional Advocate General (AAG), argued that the petition was not maintainable as:  

1. The Petitioner is a Civil Servant, and service matters fall under the exclusive jurisdiction of the Punjab Service Tribunal.  
2. Under Article 199 of the Constitution, the Lahore High Court lacks jurisdiction in service-related disputes.   
3. The Petitioner must first exhaust departmental remedies and approach the Service Tribunal, as provided under Section 4 of the Punjab Service Tribunal Act, 1974.

Mr. Justice Malik Muhammad Awais Khalid dismissed the petition, holding that:    

1. Under Sections 3 & 9 of the Punjab Civil Servants Act, 1974, government employees cannot claim a vested right to remain posted at a particular station.  
2. Routine transfers are administrative decisions that Courts should not interfere with unless they are mala fide or illegal. Chief Secretary, Government of Punjab Vs. Ms. Shamim Usman (2021 SCMR 1390).
3. Service-related disputes fall under the exclusive jurisdiction of the Punjab Service Tribunal, and High Courts cannot entertain such petitions.  
4. Even if an order is alleged to be mala fide or without jurisdiction, the Service Tribunal remains the appropriate forum. Muhammad Hassanullah (OMG/B-18) Vs. Chief Secretary, Government of Balochistan (2025 PLC (C.S.) 287).  
5. The Petitioner failed to exhaust alternative remedies before approaching the Lahore High Court.  
6. The Service Tribunal is the proper appellate forum, and bypassing it renders the writ petition non-maintainable. Taufiq Asif & Others Vs. General (Retd.) Pervez Musharraf & Others (PLD 2024 SC 610).
7. Government authorities must ensure transparency and justification in transfer orders. Government of Pakistan Vs. Farheen Rashid (2011 SCMR 1).

The Lahore High Court dismissed the petition, ruling that the Petitioner must seek remedy before the Punjab Service Tribunal instead of invoking Article 199 of the Constitution. The decision reinforces the doctrine of jurisdictional ouster under Article 212, which prevents High Courts from entertaining service-related disputes.

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