PESHAWAR, April 6: The Peshawar High Court has held that transfers and postings of government employees of grade 17 and above are illegal if carried out by the provincial government without consulting the district nazim concerned.

A two-judge bench of Justice Shahjehan Khan Yousafzai and Justice Raj Muhammad Khan, allowed on Thursday a writ petition filed by Mardan District Nazim Himayatullah Mayar and set aside orders of the provincial government regarding transfer and posting of two women officials of the district education department.

The petitioner had pleaded that the impugned transfer orders had been issued without consulting him and, hence, those were tantamount to interference in the affairs of the district.

The NWFP Schools and Literacy Department had ordered DDEO Ms Rukhsana Raheem and high school headmistress Ms Bukhtiar Haneef to replace each other.

Advocate Muzamil Khan argued on behalf of the petitioner that under section 31 and 191 of the NWFP Local Government Ordinance 2001, the provincial government had framed rules of business for smooth running of district governments.

Under Rule 25 it was mandatory for the provincial government to consult the district nazim concerned before appointing, posting and transferring officials of grade 17 and above.

The counsel for the petitioner argued that certain exemptions were mentioned in the schedule of the rules.

He pleaded that in accordance with that schedule it was legally binding on the government to consult the nazim concerned while transferring officials of the Education Department.

He contended that the impugned postings and transfers violated the local government laws and, therefore, were illegal.