Shazia Azeem V. Government of Balochistan through Secretary Education Department, Quetta and 2 others,
Bench: Muhammad Hashim Kakar
📝 AI Summary — Plain-Language Overview
This case involved a school teacher, Shazia Azeem, who had been appointed as a Secondary School Teacher (SST) in 2003 and later worked as an Assistant District Education Officer (ADEO) in Chiltan Town, Quetta. She was suddenly transferred out of her post, with another employee, who had not even joined her original posting, being placed in her position instead.
Azeem challenged the transfer before the Balochistan Service Tribunal, arguing it was not a genuine administrative decision but the result of political pressure, since letters and directives from the Chief Minister, a senator, and a provincial minister had influenced the decision. She argued this made the transfer mala fide, meaning it was done in bad faith for improper reasons rather than for legitimate service needs.
The Tribunal agreed with her. It acknowledged that transferring and posting civil servants is normally within the government's discretion under the Balochistan Civil Servants Act, 1974. However, it held that this discretion cannot be used arbitrarily or to favor politically connected individuals. Transfers must be based on fairness, the needs of the department, and an employee's capability, not on outside political influence. The Tribunal criticized the common practice of government employees using political contacts to secure favorable postings.
Because the transfer order was found to be driven by political pressure rather than genuine administrative reasons, the Tribunal set it aside and allowed Azeem's appeal. The case is significant because it reinforces that civil service transfers must be fair, merit-based, and free from political interference.
یہ مقدمہ ایک سکول ٹیچر شازیہ عظیم سے متعلق ہے، جنہیں 2003 میں سیکنڈری سکول ٹیچر (ایس ایس ٹی) کے طور پر تعینات کیا گیا تھا اور بعد میں وہ چلتن ٹاؤن، کوئٹہ میں اسسٹنٹ ڈسٹرکٹ ایجوکیشن آفیسر (اے ڈی ای او) کے طور پر خدمات انجام دے رہی تھیں۔ انہیں اچانک ان کے عہدے سے ہٹا دیا گیا اور ان کی جگہ ایک اور ملازم کو تعینات کر دیا گیا، جس نے اپنی اصل تعیناتی پر جوائن بھی نہیں کیا تھا۔
عظیم نے اس تبادلے کو بلوچستان سروس ٹریبونل میں چیلنج کیا اور موقف اختیار کیا کہ یہ کوئی حقیقی انتظامی فیصلہ نہیں بلکہ سیاسی دباؤ کا نتیجہ تھا، کیونکہ وزیراعلیٰ، ایک سینیٹر اور ایک صوبائی وزیر کے خطوط اور ہدایات نے اس فیصلے پر اثر ڈالا تھا۔ ان کا کہنا تھا کہ اس وجہ سے یہ تبادلہ بدنیتی پر مبنی تھا، یعنی یہ محکمانہ ضروریات کے بجائے غلط اور ناجائز وجوہات کی بنا پر بدنیتی کے تحت کیا گیا تھ
Generated from the full judgment text below — not a substitute for reading the actual opinion.
2012 P L C (C.S.) 648 [Balochistan Service Tribunal]
Before Muhammad Hashim Khan Kakar, Chairman, Muhammad Naeem Khan Ghalzai and Muhammad Anwar Khan, Members SHAZIA AZEEM Versus GOVERNMENT OF BALOCHISTAN through Secretary Education Department, Quetta and 2 others S.A. No.150 of 2010, decided on 25th November, 2010. Balochistan Civil Servants Act (IX of 1974) --- ----S. 10---Balochistan Service Tribunals Act (V of 1974), S.4---Transfer ---Appellant who was appointed as SST (B -16) and was posted at place 'M', was transferred and posted as A.D.E.O. at place 'C' ---Appellant impugned said transfer alleging that it was an outcome of political pressure which smacked mala fide--- Directives and recommendation letters issued by the Chief Mi nister, a Senator and Provincial Minister respectively would show that the impugned order was the out come of political pressure ---Question of transfer/posting under S.10 of Balochistan Civil Servants Act, 1974, fell within the domain of competent authorit y, but such discretion must not be exercised in an arbitrary and fanciful manner ---Discretion had to be exercised judiciously and in accordance with settled norms of justice, equity and fair play---Government was required/duty bound to exercise the discret ion keeping in view the nature of duties and requisite capability in a fair and impartial manner and there should be no extraneous consideration ---If the transfer order was mala fide or in violation of settled law for extraneous considerations to accommoda te some blue eyed person, would squarely fall within the domain of Service Tribunal ---Impugned order was set aside, in circumstances.
Manzoor Ahmed Rehmani for Appellant.
A.A. -G. for Respondents.
Date of hearing: 27th October, 2010. JUDGMENT
MUHAMMAD HASHIM KHAN KAKAR, (CHAIRMAN). --- This appeal under section 4 of the Balochistan Service Tribunals Act, 1974 has been preferred by the appellant against the impugned order dated 18 -8-2010 whereby she was transferred.
2. The relevant facts in sma ll compass are that the appellant was appointed as SST (B -16) in the year 2003 by the Balochistan Public Service Commission and was posted at Government High School Mustung, later on she was transferred and posted as A.D.E.O (F) Chiltan Town Quetta. As per appellant from the 1st day of appointment till her transfer, she did her job with zeal and zest and left no stone unturned in the discharge of her duties. However, all of a sudden, the respondent No.1 issued the impugned order dated 18- 8-2010 whereby on a ccount of political pressure, the appellant was transferred and respondent No.2 who was awaiting posting was posted as ADEO Chiltan Town in place of the appellant. 3. The appellant being aggrieved of her transfer approached this Tribunal by means of inst ant appeal. 4. On the other hand, the respondents contested the appeal on legal and factual grounds by filing their written reply. 5. We have heard the learned counsel for the parties at length and also perused the record with their valuable assistance. 6. The learned counsel for appellant Mr. Rehmani, contended that the impugned order is the outcome of political pressure and it smacked mala fides, as such, the same is not tenable. He also referred the parawise comments submitted by the official respo ndents. 7. The directives and recommendation letters issued by the Chief Minister, a senator and Provincial Minister respectively would show that the impugned order is the outcome of political pressure and smacked mala fides. It is common practice among the Government employees to approach political figures for getting their transfers from one place to another and the high ups of the Department without any resistance comply the same. The record also reveals that the respondent No.2 was posted as SST at Government School Miaghundi but she has not joined her services and is continuously stressing for getting executive/ administrative post on the basis of political pressure. 8. It has been held time and again that no government servant should directly or indirectly, approach any member of National Assembly or Provincial Assembly or any other non official person to intervene on his behalf in any matter. 9. There is no cavil with the proposition that the question of transfer/posting under section 10 of the B alochistan Civil Servants Act, 1974 falls within the domain of competent authority but it is equally important to note that such discretion must not be exercised in an arbitrary & fanciful manner. Such discretion has to be exercised judiciously and in accordance with settled norms of justice, equity and fairplay. The Government is required/duty bound to exercise the discretion keeping in view the nature of duties, and requisite capabilities in a fair and impartial manner and there should be no extraneous considerations. Therefore, the transfer order, if mala fide or in violation of settled law, made for extraneous consideration to accommodate some blue eyed chap, it would squarely fall within the domain of this Tribunal. 10. For the discussion made hereinabove the appeal is allowed and the impugned order dated 18- 8-2010 is hereby set aside with no order as to costs.
H.B.T./4/BST Appeal allowed.