Mst. Naazra Begun, the petitioner, is a Lady Health Visitor in the Maternity and Child Health Centre, Chunian, District Kasur. The Director Health Services, Lahore Division, Lahore, vide office order dated 29-6-1989 transferred and posted the petitioner at Basic Health Unit, Dublian, District Kasur, with immediate effect on administrative grounds, viz. Mst.Gul Shabana, Lady Health Visitor, transferred to her place.
2. Learned counsel for the petitioner contends that an order similar to the impugned order was passed at the instance of the Health Minister, which was challenged in Writ Petition No,2331 of 1989.
The learned Advocate-General, appearing on behalf of the Government, made a statement before the Court that the Government was considering the withdrawal of the previous transfer order and thereafter to pass an appropriate order in accordance with law. In the light of the statement made by the learned Advocate-General, the writ petition was disposed of as having borne fruit, vide order dated 28-5-1989. Subsequently, the same orders were repeated on 29-6-1989 at the instance of Peer Mukhtar Shah, M.P.A. and under the directions of the Health Minister.
3. The record produced before me, however, does not show that the subsequent order was passed under the influence of the said M.P.A. or the Health Minister.
4. When confronted with this, Ch. Ghulam Qadir, learned counsel for the petitioner, submitted that according to page 24 of the file produced before the Court, the Director Health Services, Lahore Division, Lahore, vide its U.O. No,9191/E, dated 21-6-1989, sought approval of the Minister for Health for transferring the petitioner on administrative grounds in relaxation of ban conveyed to the Health Department under the policy decision taken by the Health Minister earlier. The Minister granted the said relaxation by passing the following order:- "Please transfer in the light of the High Court decision."
Sd/- Minister for Health, Punjab, 21-6-1989."
5. This Court disposed of Writ Petition No,2331 of 1989 to enable the competent authority to pass an appropriate order of transfer regarding the petitioner in accordance with law. In the instant case, the competent authority has passed the order after independent application of his mind and merely sought permission from the Health Minister, Punjab, for relaxation of the ban upon which the aforesaid order was passed. It is, therefore, difficult to hold that the impugned order was passed mala fide at the instance of the Minister and not by the competent authority in the exigency of service. The mere fact that the impugned order has caused hardship to the petitioner is not a ground for invoking the writ jurisdiction.
6. In view of the above, I find no merit in the writ petition which is hereby dismissed, but there shall be no order as to costs.