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1995 PLC (C.S.) 718

Dr. TARIQ MAHMOOD MALIK vs CHAIRMAN, WAPDA and 3 others

Citation1995 PLC (C.S.) 718
CourtFederal Service Tribunal
Case No.Appeal No, 520(R) of 1990
Date1991-02-18
Judge(s)Rasheed-ud-Din Arshad, Ch. A. Rahman Khan
ResultAppeal allowed

' CH. A. RAHMAN KHAN (MEMBER).---Dr. Tariq Mahmood Malik, Physician, WAPDA Hospital, Rashid Minhas Road, Rawalpindi, the appellant, has come in appeal against the impugned order of his transfer from WAPDA Hospital, Rawalpindi to WAPDA Hospital, Faisalabad. In view of the circumstances explained by him, he was granted status quo on 20-12-1990.

2. The appellant has argued the case personally and as a result following two facts have been established; (a) that he is suffering from 'Depression' and is under the regular treatment of Brig.

(Dr.) Muhammad Fazal Haq, Adviser, Physhiatry, Military Hospital, Rawalpindi and Dr. Mazhar Malik, Consultant Psychiatrist, District Hospital, Rawalpindi. Medical certificates in this regard are available on record. (b) that he has genuine domestic problems. Compassionate grounds, that he has submitted, are the result of the death of his father which occurred in December, 1989. He also has a widowed sister with two minor children. Incidently he applied for the job of Physician in November, 1989.

3. At the conclusion of his arguments, the appellant submitted an application stating that in case he cannot be adjusted here as Physician he may be allowed to revert back as Medical Officer because he is not in a position to leave his family alone. In this case he has further requested that he may be allowed to withdraw his appeal.

4. The learned counsel for the respondents has no objection to the withdrawal of the appeal.

5. We have gone through the record presented to us carefully. We are convinced that the appellant is genuinely facing a difficult situation. In view of his domestic problems and also his illness, he is not in a position to leave his present station of duty i.e, Rawalpindi at least for a period of two to three years. We, therefore, feel that his request to allow him to revert back to his old cadre of Medical Officer in the same grade as at present i.e, B-18 be accepted and he be adjusted at Rawalpindi.

6. The appeal is disposed of as withdrawn subject to our observations in para. 5 above.

7. Parties be informed.

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