1.
Province of Sindh
Through Secretary
Labour and Human
Recources Department
Having office at (x)
2. Sindh Employees Social Security Institution (SESSI)
Through its director General, having office at (x)
3. Commissioner
4. Director Admin
Through this Petition the Petitioner has challenged order dated 24 July 2025 (Impugned Order)
issued by the Respondent No. (x) through which the Petitioner has been transferred for the sixth
time in the period of six months.
The Impugned Order is unlawful, violative of the Fundamental Rights of the Petitioner and in
violation of the minutes of the 169th meeting of the governing body/ Sindh Employees Social
Security Institution (SESSI) held on 19 August 2014 (“Minutes of the meeting”).
Hence this petition on the following facts and grounds amongst others.
1. That the Petitioner is serving as Director in Respondent No.3’s Landhi’s Directorate.
2. That the Petitioner (Initial Appointments)
3. That the Respondent No.3 held a meeting of its governing body on 19 August 2024
where all agendas in a meeting were approved.
4. That the Impugned Order was issued on 24 July 2025 without any cause and reason. That
the Petitioner has in a period of six months being transferred six times for no reason of
his own in violation of ……
Grounds
5. That the Impugned Order is illegal unlawful and against the settled principles of service
jurisprudence.
6. That the Petitioner has been transferred six times in a period of six months and it amongst
to punishing the Petitioner without any cause or reason of his own.
7. That the Supreme Court of Pakistan in the case of Anita Turab reported as 2013 SCMR 1
held that the tenure and posting of a Civil Servant should be protected so that he has no
fear of performing his duties under the law without any fear of favour or ill will.
8. That the regular transfer or postings without any reason also disreputes a person and
gives an impression to the general public that the has been punished.
9. It is also a settled principle of law that regular transfer and postings without any reason
amounts to minor penalty on a person that it appears that the Impugned Order was issued
by the Respondent No.3 because the Petitioner had made a complaint against his hire up
and on making such a complaint and in order to penalize the Petitioner the Impugned
Order was issued by the Respondent No.3.
10. That the Petitioner’s Fundamental Rights enshrined in Article 4 and 9 of the Constitution
of Pakistan have been violated by the issuance of the Impugned Order.
11. That recently the governing body of the Sindh Employees Social Security Institution
(SESSI) met in its 169th meeting on 19 August 2024 where agenda item 9 was in
discussion and it was approved that there should some rotation in transfer and postings of
directors who are sitting at the same post for three years. The chairman of the governing
body directed to review the rotation on case to case basis.
12. That transfer without any justifiable ground or reasons also amounts violation of Section
24-A of General Clauses which places and obligation on government functionary to pass
any order but with reasons. The Impugned Order falls foul of the language of the Section
24-A of General Clauses Act.
13. The Mala Fide of the Respondent No.3 by issuing the Impugned Order is also apparent
from the fact that the Petitioner in the garb of the Impugned Order has been punished for
reason concerned over the alleged incident.
14. It is also a settled principle of law that matter of tenure of appointment, posting, transfer
and promotion are to be dealt in legal and a lawful manner and not in the arbitrary
manner.
15. That Impugned Order also does not taken to account that unless such frequent transfer
and postings are made good governance would not be possible and that any individual
will be afraid to take a decision if he is fearful that his decision would lead to his transfer
or postings.
16. That the Petitioner craves leave of this Hon’ble Court to urge new and further grounds at
the time of hearing of this petition.
Prayers
a. Set aside the Impugned Order dated 24 July 2025 whereby the Petitioner has been
posted as (x).
b. Pending disposal of this petition suspend the Impugned Order dated 24 July 2025 and
restrain the Respondents, their respective officers, directors, employees, servants,
representatives, successors, agents, assigns etc and any other person acting under their
control or on their behalf to implement the Impugned Order.
c. Direct the Respondent No. (x) not to transfer Petitioner from the post of (x).
d. Grant cost of the Suit.
e. Grant such further and/ or other relief as this Hon’ble Court may deem just and
equitable.
