SYED ZAHID HUSSAIN, J.--- Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner who is Children Specialist in Grade-19 and posted at District Headquarter, Hospital, Sheikhupura has assailed the letter dated 19.2.2004 of District Nazim, Sheikhupura, which was addressed by him to the Secretary Health Department, Government of the Punjab, Lahore requesting to "replace him with a better substitute so that District Government may be able to provide better Medical Facilities to the deserving patients". In response to the said letter the Government of the Punjab, Health Department vide its letter dated 31.3.2004 informed the Zila Nazim, Sheikhupura that "Dr. Muhammad Nasim Abid, Senior Consultant Paediatrician (BS-19) was posted at DHQ Hospital Sheikhupura with the approval of the Competent Authority/Chief Minister because under the rules the posting/transferring authority of an Officer (BS-19) vests with the Chief Minister/Governor. Rule 16 of District Government Rules of Business permits District Nazim to transfer BS-19 Offices, excluding EDOs and District Officers, within his District. Thus your above referred orders dated 19.2.2004 regarding surrendering the services of Dr. Muhammad Nasim Abid to this Department have no legal effect. However, this Department is submitting a transfer proposal of Dr. Muhammad Nasim Abid, Senior Consultant Paediatrician (BS-19) from-DHQH Sheikhupura to somewhere else and to provide a suitable replacement at DHQH, Sheikhupura, to the Chief Minister Competent Authority". He was thus urged that "your above said Order may be withdrawn immediately and Dr. Muhammad Nasim Abid may be allowed to continue at DHQH Sheikhupra till the abovesaid arrangement is materialized."
2. The learned counsel for the parties have been heard in the matter. The learned Additional Advocate-General, Punjab was asked to find out the status of the matter at present. He has entered appearance after the interval and states that the Health Department Government of the Punjab is presently seized of the matter and will soon pass appropriate orders.
3. The controversy between the petitioner, a Civil Servant/Senior Consultant Pediatrician and the Zila Nazim on the one hand and between the Zila Nazim and the Health Department Government of Punjab, leaves an unpleasant impression and depicts an anomalous situation. The present prevailing position is that the order of the Zila Nazim dated 19.2.2004 whereby he proceeded to surrender the services of the petitioner and asked the Provincial Government to replace him with a better substitute, has lost its legal efficacy in view of the above-mentioned letter of the Government of the Punjab, Health Department dated 31.3.2004 and the matter for transfer/posting of the petitioner is under consideration with the Executive Government. The events which have led to this controversy are disturbing and dismaying inasmuch as the petitioner a senior doctor has been made a rolling stone and driven to pursue the litigation in Courts simply for the reason that the District Administration of Sheikhupura and the Health Department of Provincial Government do not see eye to eye in the matter of his appointment/posting. No such rift would have emerged if the respective State functionaries had acted within the bounds and spheres of their jurisdiction and authority prescribed by Constitution and the law. Needless to emphasize that all State actions must have the backing of the relevant contemporaneous law and only then the supremacy of rule of law and the object of good and fair governance can be accomplished. Till such time, therefore, the remedial steps are taken by the Provincial Government and posting and transfer is made, the Zila Nazim should honour and respect the order of the Provincial Government. Since order of the Zila Nazim dated 19.2.2004 has already been reversed by the Government of the Punjab, Health Department, no further declaration is warranted except to observe that as per its own views contained in letter dated 31.3.2004, the Government of the Punjab, Health Department should take prompt steps to finalize its proposal of transfer/posting of the petitioner in order to avoid any unpleasant incidence.
The petition is disposed of accordingly with the above observations. o