MALIK MUHAMMAD QAYYUM, -- phis petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has been tiled by 18 persons who ;pe working it, Rural Health Inspectors in the Health Department.-Government of the Punjab. They feel aggrieved of decision of the Government not to grant them selection grade as has been granted in the case of Sanitary Inspectors.. Midwife and Dispensers.
2. In the reply and parawise comments submitted by the respondents it has been stated that no fresh recruitment is being made to the post of Rural Health Inspector, which is a dying cadre inasmuch as the functions being performed previously by Rural Health Inspector have not been assigned to the Senior Medical Officers, Medical Officers and Women Medical Officers alongwith Para Medical Staff and involvement of Rural., Health Inspectors on curative side is no longer necessary.
3. Learned counsel for the petitioners have vehemently argued that . The petitioners are being - unfairly discriminated against as the grade for which the petitioners have asked as already been granted by the Government to the. Other categories of Para-Medical Staff, namely, Sanitary Inspectors, Midwife and Dispensers. This contention of the learned counsel has not impressed me.
The Rural Health Inspector is a category apart from the three other categories mentioned above, inasmuch as, different functions are performed by each of them. In the report, it has been explained that though the services of other categories as still required by the Department, the Rural Health Inspectors have ceased to have any utility. It is well-settled by now that Article 25 of the Constitution of Islamic Republic of Pakistan, 1973 does not forbid reasonable classification but it only prohibits discrimination in the same class or category. The petitioners cannot compare themselves to the Sanitary Inspectors, Midwife and Dispensers'. Which are a separate class.
4. Be that as it may, it is highly doubtful whether this petition can he maintained before this Court in view of the Article 212 of the Constitution because the dispute is germane to the terms and conditions of services of the petitioners who are civil servants.
Dismissed in limine.