C.P.No.D-1897 of 2016

1. For orders on CMA-5153/2016

2. For orders on CMA-5154/2016

3. For Katcha Peshi

4. For orders on CMA-5155/2016

03.05.2016

Petitioner present in person.

...............

1. Granted.

2. Granted subject to all just exceptions.

3&4. Petitioner has impugned his transfer and posting notification dated 18.03.2016 issued by Additional Secretary (Admn), Health Department, Government of Sindh, on the ground that such transfer and posting is based on mala fide, whereas, in his place one Hakim Ali Muhammad Maitlo, Incharge Govt. Unani Shafakhana Daud Goth, Khairpur, has been given additional charge of the post of State Hakeem Government Unani Section Khairpur, whereas, according to petitioner, he does not qualify to be given such charge, as he is working in BPS-15, whereas, such post is meant to be filled by an officer of BPS-16. The petitioner submits that he has filed Departmental representation before the Secretary Health Department, Government of Sindh, Karachi, however, no order whatsoever has been passed.

While confronted as to maintainability of instant petition in view of Article 212 of the Constitution of Islamic Republic of Pakistan, 1973 as well as recent judgment of Hon'ble Supreme Court, wherein it has been held that matters pertaining to civil servants cannot be agitated by filing a Constitutional Petition under Article 199 of the Constitution and a civil servant is required to approach to the higher authorities provided under the law and the Service Tribunal constituted for such purpose, the petitioner states that he will not press instant petition provided the Secretary Health Department as well as Chief Secretary, Government of Sindh may be directed to decide the representation of the petitioner available at pages 35 to 39 of instant petition, after providing opportunity of being heard within a short period of time.

Accordingly, instant petition is dismissed as not pressed, however, petitioner may approach the Secretary Health Department, Government of Sindh to pursue his representation, as referred to hereinabove, whereas, the Secretary, Health Department, Government of Sindh, Karachi, is directed to decide the representation of the petitioner strictly in accordance with law, after providing proper opportunity of being heard, within three weeks after the date of this order.

JUDGE

JUDGE

N.M.