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2008 PLC (C.S.) 352

Dr. Capt. SHABBIR AHMAD TABASSUM GORAYA vs TARIQ BASHIR CHEEMA,

Citation2008 PLC (C.S.) 352
CourtLahore High Court
Case No.Writ Petition No,1764 of 2007/BWP
Date2007-12-19
Judge(s)Sh. Hakim Ali
ResultOrder accordingly

ORDER

SH. HAKIM ALI, J.--- Dr. Shakeel Ahmad, D.H.O./Incharge, Officer of E.D.O. (Health), Bahawalpur, is present on Court's call and submits that the order of respondent No,4, Secretary, Government of Punjab, Health Department, Civil Secretariat, Lahore, was not implemented in letter and spirit, as advice was sought from respondent No,4 upon the direction of respondent No,

1. It has been admitted by him that writ petitioner is working as Deputy DHO, Hasilpur since 27-4-2007. Due to this process, joining was not obtained officially and writ petitioner was not given official recognition of his joining.

2. It is very lamentable state of affairs that order of Secretary/ respondent No,4, which was passed on 18-7-2007, was not implemented completely and writ petitioner was although allowed to work at that post yet his joining was not acknowledged. This procedure and these acts cannot be approved and blessed with approval from this Court. DHO and EDO (Health) were bound to act upon the order of respondent No,4 and implement it, as they were subordinate and had to implement it unless there was an order contrary to it. As there is no adverse order passed by respondent No,4 till today, therefore, Dr. Shakeel Ahmad, who is Incharge of Office of the EDO (Health), Bahawalpur, is directed to acknowledge the joining of writ petitioner upon the post of DDHO, Hasilpur from the date he had actually joined. It has also been submitted by the learned counsel for the petitioner that from the joining till today, writ petitioner has also not been disbursed the salary, although he was working at the afore-mentioned post. This act of EDO (Health) and DHO is although also proceedable in the eye of law yet taking a lenient view, Dr. Shakeel Ahmad, DHO.

Incharge, Office of EDO (Health), Bahawalpur is directed to prepare the documents of salary of writ petitioner and arrange its disbursement within shortest possible time, preferably within two weeks, with report to the Deputy Registrar of this Court.

3. With the above directions, writ petition is disposed of.

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