2006 PLP (C (PLC(CS))

MAULVI ANWARUL HAQ, J

Report and parawise comments as also a copy of the requisite record have been filed by the learned A.-A.G. These have been perused with the assistance of learned counsel for the petitioner and the learned law officer.

2. According to the contents of this writ petition, the petitioner after having joined service of the Health Department on 15-2-1979 was promoted as Assistant Professor in 1985 and then as Associate Professor of Medicine (Grade 19) on 7-4-1996. He is at Serial No.8 as per seniority list (Annex. A.). He had been also working on acting charge basis as Incharge of the Medical Unit No.4 of Ward Nos.11 and 12 of Nishtar Hospital. Grievance being made out is that the Selection Board in its meeting held in the year 2005 did not consider his case for promotion due to absence of some documents. The Board again met in February, 2006 and, the case of the petitioner along with respondents Nos.8 to 11 was considered and all the said persons were recommended for promotion; Notification has been issued on 31-5-2006 (Annex. C) promoting respondents No.8 to 11 but not the petitioner.

3. Now in the said reply and comments filed by the Provincial Government, it has not been denied that the petitioner has been recommended for promotion and further that the Board has recommended grant of pro forma promotion to the said post in BS-20 with effect from the date when his junior doctor was promoted. It has further been in unequivocal terms stated that summery for the promotion in the manner recommended by the Board has been prepared and forwarded to the Chief Minister of the Province who is competent authority. Learned Law officer under instructions from the officers present in Court states that the requisite orders/notification will be issued in shortest possible time.

4. In view of the said state of affairs on record, I called upon the learned counsel for the petitioner to state as to what is the grievance of the petitioner. He contends that the official respondents have been acting mala fide inasmuch as the order for promotion of his client should have been issued in the first instance, he had been posted to the said post in Nishtar Medical College, Multan. However, because of non-issuance of notification promptly the respondent No.8 stands promoted and further transferred and posted to the said post at the said College. To my mind in view of the fact that the grievance of the petitioner stands adequately redressed because of said undertaking given in the said comments and further by the law officer under instructions from the officers present in Court, a case for exercise of constitutional jurisdiction is not made out for the reason that the matter of posting and transfer is within the domain of competent departmental authorities and further it is doubtful whether this Court can interfere with the matter as transfer or posting to certain post is a matter pertaining to the terms and conditions of service of the petitioner who is admittedly a civil servant.

5. Be that as it may, writ petition is disposed of with direction that, in accordance with the said undertaking given to this Court on behalf of the Provincial Government, the requisite notification/orders be issued forthwith and not later than 30 days from the date of this order which has been announced in open Court in presence of all the learned counsel for the parties. A copy of this order to be remitted to the Chief Secretary, Government of the Punjab, Lahore. S.A.K./M-419/L Petition disposed of.