Dr. MUHAMMAD AKHTAR vs THE SECRETARY, GOVERNMENT OF N. W.F.P., HEALTH AND SOCIAL WELFARE DEPARTMENT, PESHAWAR And Other
The petitioner, a Medical Officer in the Health Department of the Government of N.W.F.P., challenged his reversion from the post of Senior Registrar (BPS-18) to Medical Officer (BPS-17). Initially appointed as Senior Registrar on an ad hoc basis, the petitioner claimed that the enactment of the N.-W.F.P. Act No. I of 1988 regularized his appointment to the post of Senior Registrar (BPS-18) effective from January 23, 1988. Despite this, while on deputation abroad, the government issued an order reverting him to his previous rank and appointing another doctor in his place. His departmental appeal and subsequent appeal before the N.-W.F.P. Service Tribunal were dismissed. The Supreme Court granted leave to appeal to examine whether the provisions of the N.-W.F.P. Act No. I of 1988 conferred regular status upon the petitioner, thereby rendering his subsequent reversion illegal, void, and ultra vires. The Court found the matter fit for further examination and granted leave to appeal, allowing the parties to proceed on the existing record with the option to file additional documents.
- Does the N.-W.F.P. Act No. I of 1988 confer regular status upon an ad hoc appointee holding a post on the date of its enactment?
- Can a civil servant who has been regularized under the N.-W.F.P. Act No. I of 1988 be lawfully reverted to a lower grade without specific legal justification?
- Whether an order of reversion issued after the regularization of a post under the N.-W.F.P. Act No. I of 1988 is ultra vires.
- N.-W.F.P. Act No. I of 1988
ORDER
1. S. USMAN ALI SHAH, J.---Dr. Muhammad Akhtar petitioner was serving as Medical Officer, in Health Department, Government of N: W.F.P. In (BPS-17), posted at District Headquarters Hospital, Abbottabad. He was promoted and appointed as Senior Registrar (BPS-18) vide Notification NO.SO(H)IV/262/70, dated 13-1-1987 on ad hoc basis and was posted at Khyber Hospital, Peshawar for a period of six months or till the availability of a regular selectee of N.-W.F.P. Public Service Commission, whichever is earlier. After the expiry of six months the regular incumbent of the post returned from deputation abroad and the petitioner was reverted and reposted to District H.Q., Hospital, Abbottabad vide order dated 27-2-1987. The petitioner again on the recommendation of Hospital Selection Committee was appointed on ad hoc basis ,as Senior Registrar (BPS-18) in the specialty of ENT at the same Hospital vide Government Notification No.SO(H)IV/262/70, dated 25- 6-1987 against a regular post.
2. On the introduction of the N.-W.F.P. Act No. I of 1988 the petitioner became regular holder of the post of Senior Registrar (BPS-18) w.e.f. 23-1-1988. He was deputed to Saudi Arabia and while on deputation, he was. Ordered vide Notification No.SO(H)IV/262/70, dated 13-10-1986 to be reverted as Medical Officer (BPS-17) and on his place Dr. Muhammad Saleem, respondent No.3 was appointed as Senior Registrar (BPS-18) in the speciality of ENT. The petitioner made a departmental appeal which was rejected on 12-11-1988 and thereafter, his appeal before the N.-W.F.P. Service Tribunal was also dismissed in limine vide impugned judgment dated 29-1-1989. Hence this petition for leave to appeal before this Court.
3. We, after having heard the learned counsel for the petitioner and perusing the reasoning of the N: W.F.P. Service Tribunal, consider it a fit case for the grant of leave, inter alia, to examine; whether on the basis of the provisions of the N: W.F.P. Act I of 1988, the petitioner became a regular appointee and the holding of the post of Senior Registrar with specialty in ENT, w.e.f. 23-1-1988, makes his order of reversion as illegal, void and ultra vires of the provisions of the said Act.
4. Leave to appeal is therefore, granted. Appeal is to be prepared on the present record, with permission to parties to file additional documents, if any.