Through this writ petition filed under Sections 44 of the Azad Jammu and Kashmir Interim Constitution Act, 1974, following relief has been claimed:-- It is therefore, very humbly prayed that an appropriate writ may kindly be issued in favour of petitioners in the following manner:--
(a) That the respondents may kindly be directed to issue the notification of Tehsil Headquarter Hospital Dhirkot.
(b) That the respondents may kindly be directed to provide/sanction/approve all required staff in Tehsil T-Teadquai-ter Dhirkot as per requirement of Tehsil Headquarter Hospital.
(c) Any other relief which this Hon'ble Court deems fit, may also be granted to the petitioner."
2. Brief Facts, leading to filing of the instant writ petition, as per the claim of the petitioner are that the Azad Government/respondent declared, Dhirkot as Sub-Division. The population of Sub- Division Dhirkot extends to about 1,50,000 persons. .It is alleged that only RHC is providing health facilities to the inhabitants of Sub-Division Dhirkot for about 26 years, which has not been up- graded by the Government, so far. It is further alleged that 38 posts for two other sub-divisions i.e Charoi and Kel Tehsil headquarter, hospitals alongwith 9 doctors have been approved, whereas, these subdivisions have been established in 1995 and 2006, respectively. It is stated that USAID has constructed a huge building for hospital in Dhirkot, wherein, in the opening ceremony, the respondents have assured the people of the area to provide required staff, within fort night but the respondents have not honored their commitment so far. It is also stated that USAID has also provided medical equipments and machinery but staff for the purpose is not available, due to which, the people of tat area are suffering, badly.
3. Respondent No, 1 was proceeded ex-parte, whereas, Respondents No, 2 & 3 have filed comments, which were later on treated as written statement on their request, however. In the comments/written statement, admitting the claim of the petitioner, it is stated that USAID has constructed the building for Tehsil Headquarter Hospital, Dhirkot, which was opened on 30.10.2013. It is further stated that a summary for creation of 91 posts for the, said hospital has been sent to the Secretariat Health, which has not been approved by the Finance Department so far.
4. Raja Sajjad Ahmed Khan, Advocate, the learned counsel for the petitioner has reiterated the grounds taken in the petition and argued that the respondents are under legal obligation to provide better health facilities to the public. The learned counsel maintained that the subdivisions, established in 1995 and 2006 have been facilitated with the facility of Tehsil Headquarter Hospitals, whereas, Dhirkot, in-spite of being established in 1987 is awaiting better health facilities. The learned counsel prayed for issuance of direction to the respondents for creation and appointment of the required staff.
5. Sardar Shahid Hameed, the learned counsel for the respondents, on the other hand, referring the points taken in the comments/written statement argued that summary for creation of posts of required staff has been moved by the respondents, which is still awaiting disposal in the Finance Department. The learned counsel maintained that after approval/sanction of the Finance Department, required staff will be provided.
6. I have heard the learned counsel for the parties and gone through the record of the case with utmost care.
6-A. After hearing the learned counsel for the parties, I am of the view that the respondents have admitted the claim of the petitioner and have also taken up the matter with the concerned quarters but due to unexplained silence of Finance Department, necessary-sanction has not been granted so far.
7. It may also be observed that the Government is legally bound to provide better health facilities to the state subjects, which is fundamental right of the subjects of a state, therefore, I am of the view that the matter should have been resolved at a very early stage in I order to provide health facilities to the inhabitants of the area. It is pertinent to mention that huge building with requisite machinery is already available which cannot be utilized due to non-availability of the concerned staff.
8. The Crux of the above discussion is that the instant writ petition is accepted. Respondents are directed to expedite the matter and get sanctioned the summary as early as possible and provide the required staff in the Tehsil Headquarter Hospital, Dhirkot within a reasonable time but not exceeding then six months.
9. Order announced. The file shall be consigned to record after' due completion.