1994 PLP (C (PLC(CS))

Ikram-ud-Din khan for petitioner. Nadeem Tariq Bhatti petitioner has filed this Constitutional petition seeking a writ/order in the nature of mandamus to the respondent‑authorities in the Health Department to make his appointment as Health Technician within District Gujranwala after terminating the services of private respondents, or any one of them, if their appointment's are found to be lacking in legality. It is further prayed that respondent No. 1 Secretary Health Department, Lahore, be asked to `relax the ban' (on appointments) forthwith to the extent of the petitioner and that District Accounts Officer, Sialkot be mandated to release his salary.

2. According to the learned counsel for the petitioner, the order passed by this Court in W.P. No. 3261/93 was not complied with but the petitioner was appointed as Health Technician in District Sialkot on 17‑6‑1993 and that he is not being paid his emoluments, without any rhyme and reason. When asked to indicate, in this regard, any demand made by the petitioner from the respondent‑authorities in the matter of release of his pay to him for the past about 3 1/2 months, the learned counsel was content with arguing that all oral requests made by the petitioner in that regard have fallen on deaf ears. According to him the petitioner is entitled to be treated in accordance with the directions issued by this Court in W.P. No. 3261/93 which read as under: "Syed Naeemul Hassan Sherazi, Advocate, for the petitioners. Rana Muhammad Arshad Khan, Additional Advocate‑General on Court's call. Ch. Rustam Ali Bhatti, D.H.O., Gujranwala. Latter took some time out to obtain instructions from the concerned quarters regarding the reconsideration of the case of the petitioners vis‑a‑vis the twelve employees, detailed in para. 6 of the petition, and has stated that he has been instructed to assure this Court that respondent District Health Officer, Gujranwala shall hear the petitioners and the afore‑referred twelve employees and decide the cause in its entirety in accordance with law within one month from today, i.e. by 23‑6‑1993. Learned counsel for the petitioners felt satisfied with the undertaking given on behalf of District Health Officer, Gujranwala, and did not press this petition any further. Disposed of." It is an admitted position that after the disposal of W.P. No. 3261/93 on 22‑5‑1993, the petitioner was appointed as Health Technician. He cannot extend the scope of the order to include the consideration of his case vis‑a‑vis the private respondents herein. As regards the question regarding the alleged failure on the part of the respondent‑authorities to disburse his pay to the petitioner, he may, if so advised, make a demand in that regard from the concerned quarters. With the above observation this petition stands disposed of. AA./N‑223/L?????????????????????????????????????????????????????????????????????????????????????? Order accordingly.