Dr. SHAHZAD TARIQUE vs PROVINCE OF SINDH through Secretary Health, Karachi R

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Dr. SHAHZAD TARIQUE VS PROVINCE OF SINDH through Secretary Health, Karachi R.18---Constitution of Pakistan, Arts. 25 & 27---Option of one time exercise of transfer---Option of petitioners for their transfer from teaching cadre to management cadre was not considered---Validity---Rule 18 of Sindh Health Management Service Rules, 2022, showed that all the Doctors belonging to General Cadre, Specialist Cadre or Dental Surgeons of Health Department, had been conferred with one time option to seek permanent transfer to Management Cadre, subject to having required qualification in Master in Public Health/M.S.P.H. etc.---It was not disputed that petitioners had the requisite qualification and therefore were entitled to have the benefit of said rule---Only ground to deny them such benefit was that they belonged to teaching cadre, which was not incorporated in the said rule---Apparently, the reason behind not giving the petitioners benefit of the said rule was not based on any reasonable classification---However, it was founded mainly on quantity of petitioners being only two out of four in the entire Province---Such reason was basically rooted in apprehension that in case they were transferred to Management Cadre, no one would be left to teach the students in the relevant medical colleges---Such ill based speculative apprehension could not be allowed to run over the scheme under Arts. 25 & 27 of the Constitution, which declared that all citizens were equal and entitled to equal protection of law, in addition to safeguards against discrimination in service---Finding a qualified suitable candidate for a vacant seat was the responsibility of the government, which it had to fulfill according to law---Denying an opportunity to the petitioners to join Management Cadre on the ground of seats falling vacant in the event of their transfer was discriminatory and showed only the weakness of the government to deal with the aftermaths---Option to avail such exercise had been provided by law to all the doctors of varied cadres working in the Health Department, who were also civil servants like the petitioners with same qualification i.e. Master in Public Health etc.---Therefore, denying the same benefit to the petitioners on the ground that it was going to change the terms and conditions of their service was neither valid nor sustainable---Petition was accordingly allowed.

Dr. SHAHZAD TARIQUE vs PROVINCE OF SINDH through Secretary Health, Karachi R — 2024 PLC(CS) 1433 KARACHI-HIGH-COURT-SINDH

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