2011 PLP (C (PLC(CS))

HAFIZ ABDUL REHMAN ANSARI, J.

Through this constitutional petition, the petitioner has prayed that services of the petitioner may be regularized while following the principle of equality as services of the private respondents/doctors have been regularized vide orders dated 27-4-2009 and 5-5-2009 to meet with the ends of justice.

2. Learned counsel for the petitioner has contended that doctors in the similar position who were recruited on contract basis in the Punjab Rural Support Programme (PRSP) have been regularized by the respondents-Health Department. The respondents/doctors had executed contract with PRSP in the Punjab. Their services were regularized by the respondents-Health Department. The petitioner also joined the BHU on contract basis vide letter dated 8-3-2006. The petitioner has approached the' respondent-Secretary, Health Department, for regularization of his services as the services of the other doctors/respondents were regularized. Further contends that Articles 4 and 25 of Islamic Republic of Pakistan, 1973 treat equally all the citizens of Pakistan. He further submitted that Chief Operating Officer of Management Services and Project Wing has written letters time to time to Secretary Health for regularization of the services of not only the petitioner but other doctors also who are working in BHUs in different Districts of Punjab. Even then the recommendations of Chief Operating Officer are being ignored without any cogent reasons. Different letters written by Chief Operating Officer from Annexures R-1 to R-9 are attached with the writ petition. In all these letters, the Chief Operating Officer recommended the Medical Officers working on contract basis in BHUs for regularization of their services. The predecessor of present Secretary Health Department also recommended for regularization of services of not only the petitioner but also the other doctors working in similar position.

3. The Learned Law Officer along with respondents-Health Department appearing on behalf of Secretary Health argued that the petitioner sent the case to Chief Minister for approval. He further contended that the petitioner directly made contract with the PRSP. The case of the petitioner is a bit different from the doctors whose services have been regularized working in BHUs.

4. I have heard the learned counsel for the parties at length and perused the record minutely.

5. The contention of the petitioner has substance and force. Doctor working in BHUs of different districts of Government of the Punjab have been regularized. Letters of regularization are appended with the writ petition. The case of the petitioner is also quite identical and similar with the case of those doctors who have already been regularized. Further the petitioner also rendered services on contract basis with the Government of the Punjab for certain period. The petitioner is struggling since 2006 for regularization of his services and Chief Operating Officer has also written nine letters to the Secretary Health for regularization of services of the petitioner but all in vain. This indifferent attitude and inefficiency of the respondents-Health Department has caused much mental torture and agony to the petitioner and who has filed this writ petition for redressal of his grievance. Further under Articles 4 and 25 of Constitution of Islamic Republic of Pakistan, equal treatment should be given to the petitioner and other doctors whose services have been regularized. The respondent-Secretary Health Department is burdened with heavy cost of Rs.50,000 (Rupees fifty thousand) which he will pay from his own pocket and not from the National exchequer. The cost will be deposited in the Account of the Dispensary of Lahore High Court Bar Association, Multan Bench. With these observations and directions, this writ petition is allowed. H.B.T./J-17/L. Petition allowed.