' Manzoor Hussain petitioner is a Naib-Qasid in the Health Department who was transferred from Rural Health Centre Chak No, 55/5-L, District Sahiwal to Basic Health Unit, Mari Sahu, District Khanewal against a vacant post vide Office Order No, 1185-89, dated 9-3-1995. He joined his duty on 11-3-1995. He worked till 24-9-1995 in Basic Health Unit, Mari Sahu, District Khanewal. Thereafter he was directed to leave the job and at present he is loitering hither and thither in different offices.
Consequently he has filed this writ petition before this Court to obtain the proposed relief that he may be allowed to work as Naib-Qasid at Basic Health Unit, Mari Sahu, District Khanewal and that the District Health Officer, Khanewal as well as the District Accounts Officer, Khanewal respondents Nos. 1 and 3 may be directed to pay/release his salary with effect from 1-3-1995 as he had left the charge of his office at the previous place of his posting during the month of March, 1995.
2. The comments have been submitted. As is usual with the Executive Authorities the District Health Officer, Khanewal is still sticking to the point against this petitioner. Muhammad Ibrahim, Head Clerk has intimated that the post of the Naib-Qasid was reported to the Deputy Commissioner, Khanewal/Chairman, District Recruitment Committee, Khanewal as having fallen vacant during the month of March, 1995. However, according to him Manzoor Hussain petitioner had joined his duty as Naib-Qasid in Basic Health Unit, Mari Sahu, District Khanewal.
3. I have heard the learned counsel for the petitioner as Well as the learned Assistant Advocate- General. Learned counsel for Manzoor Hussain petitioner has correctly canvassed that the petitioner is facing the difficulties without any justification. He was transferred by the Director Health Services, Multan Division, Multan from Rural Health Centre Chak No, 55/5-L, District Sahiwal to Basic Health Unit, Mari Sahu, District Khanewal vide Order, dated 9-3-1995. He joined his duty on 11-3-1995. He performed' his duties till 24-9-1995. In between another person was recruited on 18-9- 1995 and this petitioner was directed to leave the place. The admitted position is that he was not heard. He could not be removed in the perfunctory manner adopted by the concerned officer who acted against him. The Head Clerk has expressed that the District Health Officer, Khanewal is willing to accommodate Manzclor Hussain petitioner. It is made clear that the District Health Officer, Khanewal shall not be showing any favour to Manzoor Hussain petitioner. It is his Constitutional right to remain in service in the circumstances of this matter. The impugned act of the District Health Officer, Khanewal not only offends the law the same is also against ethics. He has adopted an indisciplined attitude by ignoring the order passed by his superior officer i,e, the Director Health Services, Multan Division, Multan who passed the order on 9-3-1995 about the transfer of Manzoor Hussain. Muss Fuss is emanating about the destruction of the texture of the society. The same cannot be maintained without discipline. The Father of the Nation has given the golden motto of Discipline, Faith and Unity. If there is no discipline there cannot be faith and unity. Anyhow in the circumstances, I hold 'that the petitioner has been vexed by the Department without any legal justification. He is in service as Naib-Qasid and can perform his duties at Basic Health Unit, Mari Sahu till he is transferred by the competent authority.
4. For what has been said above, I accept this writ petition and pass the order that Manzoor Hussain petitioner is entitled to work as Naib-Qasid at Basic Health Unit, Mari Sahu, Tehsil Kabirwala, District Khanewal till his transfer in accordance with law by the competent authority on the administrative side to some other place who is also entitled to get his salary with effect from 1-3- 1995. He shall be paid his salary including that of the month of December, 1995 till 15-1-1996 failing which the District Health Officer, Khanewal and the District Accounts Officer, Khanewal shall be considered to have committed the contempt of this Court and shall be liable to face the legal consequences.