PHC dismisses doctor’s plea

PESHAWAR: The Peshawar High Court (PHC) has dismissed the plea of deputy medical superintendent (Administration) of a public sector hospital to retain the post but asked the provincial government to process his antedate promotion case.
In a detailed judgment issued on Tuesday, a division bench headed by Justice Waqar Ahmad Seth dismissed the plea of Dr Muhammad Zafar Afridi. He had challenged his removal from the post of DMS (Administration) Khyber Teaching Hospital (KTH).
The judgment said the petitioner had challenged the secretary Health, Khyber Pakhtunkhwa notification issued on July 16, 2014. It was about posting of Dr Saeed Gul to the position of DMS (Administration) of KTH against the vacant post.
The court stated Dr Saeed Gul is a government servant and not an institutional employee, therefore, secretary Health is competent to issue posting, transfer orders in respect of all the civil servants.
Moreover, the post of DMS is a management cadre post under the notified health Management Cadre Rules, 2008, and the petitioner did not question these rules in the petition. It said the petitioner also questioned the officer order by Medical Superintendent KTH issued on September 8, 2014, whereby he is posted as Medical Officer Outer Filter, OPD with immediate effect. It said that the MS KTH was the competent authority to issue the order.
The order stated that the post of DMS is in BPS-18, whereas the petitioner is in BPS-18 (move-over) as yet, hence he cannot claim to be posted against a higher post, when legally a senior official is available.