Petitioner Amir Bakhsh, Naib-Qasid, Office of D.H.O., Muzaffargarh was on 20-12-1992, transferred and posted in the office of the M.S., DHQ Hospital, Muzaffargarh, against a vacancy created on retirement of Elahi Bakhsh, Naib-Qasid and he claims to have taken over the charge oar 24-12- 1992. M.S. Addressed a letter to the Director, Health Services, D.G. Khan Division, on 27-12-1992, requesting him not to relieve Amir Bakhsh, till Government decision, as ordered by Minister for Health, Punjab, conveyed to him by Malik Ghulam Muhammad Noor Rabbani Khar, M.NA. The D.H.O., D.G. Khan, on 31-12-1992, addressed a communication on the subject to the Director-General, Health Services, Punjab, Lahore, informing him that the N1.S. DHQ Hospital, Muzafargarh had refused to repatriate Nazir Ahmad respondent No. 4 (remustered/adjusted by him as Naib-Qasid), to his original post of Gate Keeper, DHQ Hospital, Muzaffargarh, and to accept Amir Bakhsh as Naib- Qasid, against the resultant vacancy.
2. Amir Bakhsh's transfer orders were thus not implemented, and he filed the instant writ petition, with a prayer that the M.S. DHQ Hospital, Muzaffargarh, respondent No. 3, be directed not to stand in the way of his shifting. In his comments, the M.S. Has said that he is under no political pressure and is not acting in a mala fide manner, and has expressed surprise over the keenness on the part of the petitioner to have his posting in the DHQ Hospital on transfer from the DHO's Office, Muzaffargarh, the distance between the two places being only 1 kilometer. It is to be pointed out that the M.S. Has himself, in para. No. 2 of his comments, said that he had acted under the direction of the then Health Minister, Punjab (not directly conveyed to him through proper channel). In his letter dated 27-12-1992 addressed to the Director, Health Services, D.G. Khan (Annexure `C'), the M.S. Had made specific mention of orders of the Health Minister in that behalf, communicated to him on telephone by a Member of the National Assembly. He was thus manifestly acting under political pressure exerted by the M.NA.
3. In the comments submitted by the Director, Health Services, D.G. Khan Division, D.G. Khan, it has been stated that posting of Nazir Ahmad, Gate-keeper as Naib-Qasid would involve change of cadre, and the competent authority to do that is the Chief Minister. The Director-General, Health Services, Punjab, Lahore, in his comments, has endorsed this view, adding that the Director, Health Services, D.G. Khan Division had been asked to issue direction to the M.S. DHQ Hospital, Muzaffargarh to act accordingly and to accept the posting of Amir Bakhsh petitioner as Naib- Qasid in the DHQ Hospital, Muzaffargarh. It has further been stated that in view of the stand taken by the M.S., with reference to orders of the Provincial Health Minister, and the telephonic talk of a Member of the National Assembly, a summary had been submitted to the Minister for Health on 17- 4-1993, but no reply has so far been received Nazir Ahmad respondent No. 4 must therefore be repatriated to his original post of Gate-keeper and posting of Amir Bakhsh petitioner as Naib-Qasid in the DHQ Hospital, Muzaffargarh could not be refused or frustrated by the M.S. Of the said hospital.
4. There being no ambiguity about the standpoint of the higher Authorities of the Health Department, as made known to this Court, in their comments, the petitioner seems to have a good case. Although transfer of a civil servant is part of his service conditions, and he must not refuse to obey such orders; and if he feels aggrieved, he cannot avail of the remedy of the writ petition, the position in this case is somewhat different. Orders passed by the competent Authority, and endorsed by the higher Authorities, are not being acknowledged and honoured by the M.S. And the poor petitioner only seeks enforcement of the orders of his shifting from one office to another. He must not be forced to approach the Service Tribunal for securing implementation of the orders.
Writ asked for, in such circumstances may not be declined. Orders of transfer of Amir Bakhsh from the office of the DHO, Muzaffargarh to the DHQ Hospital must be put into effect.