This Intra Court Appeal under Section 3 of the Law Reforms Ordinance, 1972 calls into question the direction, to consider the case of respondents No.1 to 3 for regularization of their period under contract with the King Edward Medical University, issued by the learned Single Judge in Chamber through order dated 12.05.2016 in a petition brought by the said respondents under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, that is, writ petition No.7243 of 2013.
2. Before commencing hearing on the merits of the instant appeal, we noticed that respondents No.1 to 3 in their constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 had impleaded:
(i) Government of the Punjab through Secretary , Health Department, Civil Secretariat Lahore; (ii) Special Secretary , Health Department, Government of the Punjab, Civil Secretariat Lahore (Mr. Babar Hayuat Tarar); (iii) King Edward Medical University , Lahore through its Principal/Head, Nila Gumbad, Lahore; and (iv) Syndicate, King Edward Medical University , Lahore, through Vice-Chancellor whereas the present appeal was preferred by the Secretary , Health Department, Government of the Punjab through Section Officer (AMI), Government of the Punjab, Specialized Healthcare and Medical Education Department, Lahore. This is a clear violation of Section 79 CPC read with Article 174 of the Constitution of the Islamic Republic of Pakistan, 1973 and, therefore, we asked learned Addl. Advocate General as to how the Secretary , Health Department, Government of the Punjab through Section Officer is aggrieved and can prefer an appeal against the order dated 12.05.2016 passed by learned Single Judge in Chamber in Writ Petition No.7243 of 2013. Responding to this question, learned Addl. Advocate General has made an oral request at the Bar for permission to amend the appeal now and, as we understood him, he wants to make the Provincial Government as party at this stage. We are not inclined to acce pt this oral request as the claim, at this time, has become barred by time against the Government.
3. According to Section 79 CPC read with Article 174 of the Constitution of the Islamic Republic of Pakistan, 1973, the present appellant could not sue or prefer this appeal with reference to his designation for his official acts, unless he was "Corporation Sole", whereas he in fact is not.
The fact of the matter is that it is only the Provincial Government which is concerned with the matters pertaining to its affairs. No officer in his official capacit y or otherwise can be said to be aggrieved person in relation to a judicial order regarding the affairs of a Government. Admittedly , Government of the Punjab was a party in the constitutional petition and it could have preferred appeal if it felt so aggrieved by the order passed in the constitutional petition. In such view of the matter , the Secretary , Health Department, Government of the Punjab cannot be said to be an aggrieved person and the appeal by him is not maintainable. This view finds support from the case of "Secretary , B. & R., Government of West Pakist an and 4 others v. Fazal Ali Khan" (PLD 1971 Karachi 625) and "Manthar and another v. Province of Sindh through Deputy Commissioner , Sanghar and 4 others" (1996 MLD 1510 )
4. There is yet another irregularity which cannot be ignored. The appeal in hands is by the Secretary, Health Department, Government of the Punjab through Section Officer (AMI), Government of the Punjab Specialized Healthcare and Medical Education Department, Lahore. Nothing has been brought on record to indicate that the Secretary, Health Department, Government of the Punjab was legally competent to authorize Section Officer to sign and present the instant memorandum of appeal before this Court. Even otherwise the Addl. Advocate General has not appended any document with this appeal establishing the fact that the Section Officer was authorized by the Secretary , Health Depa rtment, Government of the Punjab to sign and present the memorandum of appeal. This omission suggests that this appeal has been presented by an unauthorized person and thus is not competent.
5. Since we have come to the conclusion that the appeal by the Secretary , Health Department, Government of the Punjab through Section Officer is not competent, it will not, therefore, be necessary to examine the other points urged in the appeal.
6. The result of the above discussion is that this appeal is incompetent and, therefore, the same is dismissed.