Can a transfer be challenged in the High Court? Who may order it, and when is it unlawful? Our research paper studies 27 judgments of the Supreme Court, the Peshawar High Court and other High Courts on transfer and posting of civil servants. This article summarises what they decide.

Transfer is an incident of service

A civil servant can be transferred and must serve wherever he is posted, provided his pay is not made less favourable (Masood Ahmad v. Taj Muhammad Baloch, 1999 SCMR 755). Posting and transfer are part of the terms and conditions of service (2016 PLC(CS) 24). No employee can claim a posting of his choice (2025 PLC(CS) 1192 Sindh).

Tenure and premature transfer

Transfer policies usually provide a normal tenure of three years at a station, but a premature transfer is not automatically unlawful.

  • An officer who had stayed at one station for over eight years and was transferred for administrative reasons failed without proof of mala fides (Ehsan Elahi Cheema v. Secretary Health, 1999 SCMR 2482).
  • A teacher transferred seventeen days after posting could not invoke Article 199 (Muqeem Khan v. Federation of Pakistan, PLD 2000 Peshawar 1).
  • A transfer within eight days was upheld where the tenure protection relied on was in a repealed Act with no saving clause (2026 PLC(CS) 871 Lahore).

When is a transfer unlawful?

  • When it is made by someone without authority: a Minister had no power to transfer under Rule 6(1) of the Balochistan Rules of Business, 2012 (Khan Muhammad v. Chief Secretary, Balochistan, 2018 SCMR 1411).
  • When it is political: a transfer made on the recommendation of an MPA was set aside (Roshan Khan, 2007 SCMR 599).
  • When it is mala fide: an out-of-cadre transfer designed to defeat an upgradation was struck down (Masood Ahmad, 1999 SCMR 755).
  • When it is not fair and in the public interest (2026 PLC(CS) 1243).

A civil servant who himself obtained a transfer through political influence was sent to the proper forum (1997 PLC(CS) 1002).

Officer on Special Duty

Service as an Officer on Special Duty counts for all practical purposes, but gives no right to an extension after retirement (2009 SCMR 1448).

Service Tribunal or High Court?

Transfer disputes fall within the exclusive jurisdiction of the Service Tribunal, and Article 212 bars a writ (Wilayat Ali v. Chief Secretary, N.-W.F.P., 2002 PLC(CS) 675; 2012 PLC(CS) 1187; Muqeem Khan, PLD 2000 Peshawar 1). Before suspending a transfer, a court must consider the Article 212 bar (Faiz Ahmed v. Government of Punjab, 1998 SCMR 436).

A writ may still lie in limited cases: quo warranto against an officer holding a post on his own pay scale outside the rules (2026 PLC(CS) 893), or a direction to decide a pending representation (2007 PLC(CS) 1091). Courts interfere only for mala fides, breach of the rules or patent illegality.

Practical checklist: for the civil servant

  • File a departmental representation first, then an appeal to the Service Tribunal, rather than a writ petition (2016 PLC(CS) 24).
  • Plead lack of authority and mala fides with particulars and evidence (2018 SCMR 1411; 1999 SCMR 755).
  • Do not stop working on the strength of a stay order (2003 SCMR 228).

Practical checklist: for the department

  • Make transfers only through the competent authority under the Rules of Business.
  • Record the public-interest reason for a premature transfer.
  • Avoid out-of-cadre postings that do not follow the rules (2018 SCMR 1411; 2026 PLC(CS) 893).

Read the full research paper

The full paper, with a summary of every judgment, is free to download:

📄 Download the full research paper (PDF)

For more research papers like this one, visit the Resources page:

https://arbitratorandlaw.com/resources

This article is general information on the law, not advice on your own case. Time limits can matter, so speak to an advocate promptly about your own matter.