PESHAWAR: The Peshawar High Court on Friday directed the provincial irrigation secretary to post a sub-divisional officer of the department back to the Kabul River Canal subdivision.

The directions were issued by a bench comprising Justice Yahya Afridi and Justice Abdul Latif Khan while disposing of a petition of SDO Manzoor Hayat against his transfer within five days of posting to the Kabul River Canal subdivision.

The bench ordered the irrigation secretary to comply with an earlier order of the service tribunal, which had granted interim relief to the petitioner and directed the government to maintain status quo on the issue.

SDO had challenged order for transfer within five days of posting to Kabul River Canal subdivision

The petitioner had also placed on record several letters sent by the private secretary of irrigation minister Mahmood Khan to the irrigation secretary conveying different directives of the minister related to the petitioner.

He claimed that after the service tribunal issued an order in his favour in July 2014 he was posted again as SDO KRC sub division but he was again posted out in Sep 2014.

The respondents in the petitioner were provincial irrigation minister Mahmood Khan, irrigation secretary, chief engineer south of the irrigation department, superintendent engineer headquarters, principal secretary to the chief minister, private secretary to irrigation minister and executive engineer of the irrigation department.

The petitioner’s lawyer, Habibullah Mohmand, said his client was employee of irrigation department working as SDO.

He said on June 27, 2014, his client was transferred and posted as SDO KRL sub division, however, on July 2, 2014 cancelled his posting order on behest of the provincial minister.

The lawyer said his client approached the service tribunal against the impugned order of July 2 and the tribunal granted him interim relief to the petitioner.

He said in light of the order of the service tribunal, the department restored the previous order on July 8, 2014, but on the direction of the minister. the department again withdrew that order on Sept 5 against the rules.

Mohmand said on directives of the service tribunal, the petitioner was again restored against the said post by the department on Sept 16.

He, however, said when his client proceeded for Haj and had taken 45 days leave the department suspended his posting order on Oct 2, 2014.

The lawyer said his client was transferred so many times at the behest of the provincial minister that he had been suffering from mental anguish.

He added that the petitioner was even involved in a concocted case but was cleared in departmental inquiry.

The lawyer said his client was left with no option but to approach the court for implementation of the interim relief granted to him by the service tribunal.

Published in Dawn, April 25th, 2015

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