IN THE LAHORE HIGH COURT, BENCH AT BAHAWALPUR

W.P No. __________ /2020/Bwp

Umer Arsalan Mustafa s/o Mumtaz Mustafa, Caste Chachar, R/o

Allama Iqbal Town Rahim Yar Khan
Petitioner

Versus

1. Government of Punjab through Secretary Specialized Healthcare &

Medical Education (SHC&ME) Department
2. Principal Sheikh Zayed Medical College & Hospital, Rahim Yar
Khan
3. Medical Superintendent (MS) Sheikh Zayed Medical College &
Hospital, Rahim Yar Khan
4. Chairman Board of Management (BOM) Sheikh Zayed Medical
College & Hospital, Rahim Yar Khan
5. Director Finance (DF) Sheikh Zayed Medical College & Hospital,
Rahim Yar Khan
6. Khurram Shehzad, Assistant Director Procurement & Projects
Department; Sheikh Zayed Medical College & Hospital, Rahim Yar
Khan
7. Ghulam Mustafa, Admin Officer/Public Information Officer to
Sheikh Zayed Medical College & Hospital, Rahim Yar Khan
Respondents

WRIT PETITION U/A 199 OF THE CONSTITUTION OF

ISLAMIC REPUBLIC OF PAKISTAN 1973 FOR
DECLARATION TO THE EFFECT THAT THE PETITIONER
IS THE LEGAL ADVISOR OF SHEIKH ZAYED MEDICAL
COLLEGE & HOSPITAL (SZMC/H) RAHIM YAR KHAN;
DULY SELECTED, RECOMMENDED & GIVEN CHARGE
OF THE LEGAL ADVISOR OFFICE VIDE THE LETTERS OF
THE OFFER FOR APPOINTMENT & CHARGE REPORT
DATED 29.10.2019 DULY RECOMMENDED BY SPECIAL
SELECTION BOARD (SSB) OF THE INSTITUTION &
COMMUNICATED BY RESPONDENT NO. 02 AND DULY
ACCEPTED BY THE PETITIONERS, WHICH
APPOINTMENT STILL HOLDS FIELD;
APPROPRIATE DIRECTION TO RESPONDENT NO. 02 SO
THAT HE MAY DIRECT RESPONDENT NO. 05 TO
IMMEDIATELY RELEASE THE OUTSTANDING
REMUNERATIONS OF THE PETITIONER FROM
DECEMBER 2019 UPTO THIS DATE AND SO
AFTERWARDS, AS PREVIOUSLY RESPONDENT NO. 05
RELEASED THE SAME FOR THE MONTH OF NOVEMBER
2019, BUT LATER ON WITHHELD THE SAME IN
CONNIVANCE WITH RESPONDENT NO. 06, WHICH ACT
WITHOUT INDULGENCE OF BOARD OF MANAGEMENT
(BOM) OF INSTITUTION IS INOPERATIVE QUA RIGHTS
OF THE PETITIONERS
ACCOMPANIED BY A DIRECTION TO RESPONDENT
NO. 06 NOT TO CAUSE ANY KIND OF DISTURBANCE,
TRANSGRESSION AND OVER-STEPPING WITHIN THE
PRECINCTS OF THE PETITIONER’S OFFICE ON THE
PRETEXT OF ALLEGEDLY UNJUSTIFED, AMBIGUOUS
AND DUAL-COLOURED LEGAL AND EMPLOYMENT
STATUS; EVEN OTHERWISE RESPONDENT NO. 06
BEING A PUBLIC SERVANT IN SZMC/H AND ALSO HAS
BEEN DRAWING SALARY FOR MORE THAN 09 YEARS,
HAS BEEN APPEARING IN THE COURTS OF LAW IN
SHEER VIOLATION OF LAW & RULES
WITH CONSEQUENT DIRECTIONS TO RESPONDENT
NOS. 02 AND 05 NOT TO ENDOW LEGAL DUTIES FOR
PROSECUTION BY OR AGAINST SZMC/H RAHIM YAR
KHAN TO ANY OTHER PERSON THAN THE DULY
 APPOINTED PETITIONER BYPASSING THE LAW, RULES
& REGULATIONS

Respectfully submitted,

FACTS OF THE CASE

1. That Respondent No. 02 got published an Advertisement No. IPB-764

dated 06.09.2019 for 1 vacant post of Legal Advisor and 2 posts of Law
Officers on contract basis for a period of 02 years in Sheikh Zayed
Medical College & Hospital Rahim Yar Khan (hereinafter referred to as
SZMC/H RYK). Petitioner No. 01 duly applied against both the posts
and consequently received Interview letters for both the posts of Legal
Advisor and Law Officer. It was mentioned in both the Interview
Letters dated 21.10.2019 that the interview will be held on 26.10.2019
and directed the petitioner to appear on that very date. Photocopies of
Advertisement No. IPB-764 and Interview letters for the post of Legal
Advisor and for the post of Law Officer are attached herewith as Annex
‘A’, ‘B’ and ‘C’ respectively.

2. That the petitioner appeared to be the top-notch candidate in academic

merit list as well as at interview duly conducted on 26.10.2019 by the
panel of interviewers. Predecessor-in-Office of Respondent No. 02 and
Respondent No. 03 (as Secretary BOM) were also present at the time of
interview apart from others. All the interviewers selected the petitioner
graciously and thereafter name of the petitioner was duly
recommended for issuance of orders on institutional ad-hoc basis till
the final approval of contractual orders by BOM due to workload of
litigation before different courts of law. Copy of the Merit List framed
prior to the conduction of Interview, Marks given by Interviewing
Committee and Recommendations of the Board regarding selection ibid
has been unjustifiably retained by Respondent No. 07 who is Senior
Admin Officer and also Public Information Officer under The Punjab
Transparency and Right to Information Act 2013 and Right to
Information Act 2017. This Hon ’able Court can call for the same for
due perusal which will affirm the above-stated version of the petitioner,
if presented without fabrication.

3. That on 29.10.2019 Respondent No. 02 issued Offer of Appointment for

the post of Legal Advisor in favor of Petitioner on Ad-hoc basis in
 anticipation of approval by the BOM for a period of 06 months or till
the issuance of contractual orders by BOM. It was stated therein that
the name of petitioner has been sent to BOM for issuance of orders on
contract basis. Pursuant to the Offer of Appointment, Charge of Legal
Advisor Office was handed over to the Petitioner on the same date i.e.,
29.10.2019 in consonance with the Principal Office Order No. 64558-
64/ADMN/SZMC. Copies of the Offer Letter of Appointment and
Charge Report of petitioners were also forwarded to Respondent Nos.
1, 3, 4 and 5 apart from other relevant quarters. Photocopies of The
Letter for the Offer of Appointment by Respondent No. 02 vide Ref
No. 64558-64/ADMN/SZMC dated 29.10.2019 and Charge Report of
Petitioner vide Ref No. 64596-604/SZMC dated 29.10.2019 are attached
herewith as Annex ‘D’ and ‘E’ respectively.

4. That after taking charge of the Office, petitioner started discharging his
duties with passion and zeal; preparing legal drafts with due diligence,
prompt appearance and presenting/defending the old, pending and
fresh legal cases in all courts of law, was the proficiency and expertise
of petitioner. The legal cases which were unheeded to previously,
became operational by the vigor and hardworking of the petitioner;
which fact can easily be comprehended with the help of material on
record. But some Janus-faced administrators of SZMC/H in connivance
with an influential mafia of Rahim Yar Khan city with nefarious
designs were offended and anguished with the spadework of
petitioner, as those people wanted the disposal and discharge of work
in some other way favorable to their mala fide motives. Petitioner feel
sheer discomfort and agony to narrate herein that prior to assumption
of charge of the office of Legal Advisor, disparate characters with
cognate motives were firmly connected to reap unjustified monetary
and extrinsic gains from SZMC/H. Mutually-benefitted Written
Replies, prejudiced contest of litigations and sway of inclined moves
used to be the hallmarks of predecessor ones. Eventually, by taking
charge of the Legal Advisor Office, Petitioner from the very outset
refuted to bend in the favor of those aforementioned predecessors-in-
office and other office bearers of the institution. The denial of petitioner
vis-à-vis sheerly agonized the bigoted ones and thence started the
campaign of distressed ones to unjustifiably pull the petitioner out of
the Legal Advisor office asap, so that sponsoring, bidding and margin-
making of the legal cases of the institute will be started once again. Not
only this, every possible effort in the shape of unsubstantiated
groundless applications got lodged by a particular faction so that their
 blue-eyed person ‘Respondent No. 06’ could take care the legal affairs
of SZMC/H RYK as a result whereof the deceptive practice of
consenting drafts and Court appearances could continue, as it was
going on before the arrival of petitioner in SZMC/H Rahim Yar Khan.

5. That the foundation of deceitful campaign was set by Respondent No.

05 who unjustifiably and illegally stopped the remuneration of the
petitioner for the month of December 2019 in spite of the fact that
petitioner had previously withdrawn his remuneration for the month of
November 2019. Petitioner raised his query on multiple occasions
seeking explanation and justification behind stoppage of remuneration
but all in vein. Respondent No. 05’s act of stopping the remunerations
was in fact tainted with hard feelings and ill will, as petitioner had
previously refused to endorse his malignant whims and wishes. It is
germane to state herein that outstanding TA&DAs, stationary, office
operation and litigation costs of w.r.t copying, filing and other
miscellaneous expenses, which the petitioner had borne since his taking
charge of the office has also not been released by Respondent No. 05
regarding which several intimations and requests have also been made
to him, as such act of him is violative of Art. 11 of the Constitution of
Islamic Republic of Pakistan 1973. Attested Photocopy of the Bank
Statement of Petitioner’s Bank A/c from the month of November 2019
till to date is attached herewith this writ petition as Annex ‘F’, the
entries of which corroborate the grievance of petitioner as stated
hereinabove.

6. That in order to subjugate and over-power the petitioner, another

character in the shape of Respondent No. 06, carrying a dubious legal
and employment standing, got launched in the office of Petitioner in
the first week of January 2020. When confronted, he came up with the
stance that he had been invested with ‘Additional Charge’ of Legal
Advisor’. But neither any document nor any endorsement or receiving
was made or communicated by Respondent No. 02 or Respondent No.
04 to the petitioner; as Respondent No. 06 at that time claimed himself
the personal appointee of Respondent No. 02. He started interfering
and digging out the record of the office of Petitioner with sheer
credence, but devoid of any kind of written acknowledgment in
apropos. Petitioner complained about this fact on numerous occasions
to the Respondent Nos. 02 to 04, but no action whatsoever was taken in
apropos. Such unjustifiable and unreasonable launching of Respondent
No. 06 had a close and direct nexus with the way he was previously
launched and hired prior to the appointment of the petitioner in the
 year 2019, as at that time, in spite of the advertisement IPB-128 got
published by the then Principal SZMC/H Dr. Mubarak Ali on
22.02.2019, the influence and domination of Respondent No. 06 halting
the appointment of any Legal Advisor as per the advertisement ibid,
sabotaged the whole recruitment process and got mechanically
installed into the Office of Legal Advisor bypassing all the requisite
standard of qualification and eligibility criteria, on the pretext of
‘Additional Charge’. Though his duties got withdrawn by the
Predecessor-in-office of Respondent No. 02 vide Ref No. 69324-
29/ADMN/SZMC on 30.11.2019, but his swift entry into the office of
Legal Advisor again within shortest span of time reveals a lot. 

Either administration knows this that the entry of Respondent No. 06

through merit is not possible so they use to adopt the ‘Additional Charge
Move’ or ‘Discretionary Move’, or he is such an eminent and phenomenon
character that he is above the law, rules and regulations, and his presence
in Legal Advisor Office is considered indispensable by every freshly
appointed administrator for reasons best known to him
  Both the possibilities caste heavy shadow of doubts on the righteousness
and integrity of the personage of SZMC/H RYK and that of other bigwigs
and nobs of the city, having homogeneous objectives. But the vital thing is
this, that Charge of Legal Advisor Office still vests in the Petitioner, as
there is no adverse written order whatsoever holds in force, and if such
order exists then neither it got communicated nor got endorsed by the
petitioners; even otherwise Appointment Letter of the petitioner along
with the guiding laws and regulations vis-à-vis ensure constitutional,
absolute and inalienable legal rights of the petitioner which cannot be
ousted in such an arbitrary and capricious manner. Photocopies of
Advertisement No. IPB-128 dated 22.02.2019 along with its better copy,
and Termination Letter of Respondent No. 06 by the Predecessor-in-Office
of Respondent No. 02 regarding withdrawal of Respondent No. 06 from
his duties as ‘Legal Advisor’ are attached herewith as Annex ‘G’, ‘G/1’ and
‘H’ respectively.

7. That the above injustice, tyranny, deprivation from due

remuneration/TA&DAs and favoritism against the petitioner was still
considered insufficient and consequently Respondent No. 06 amputated
and threw away the name plate of Petitioner from his office in SZMC/H
and took possession of all the files, record and material in utter dis-regard
 of the principles of law, justice and equity. This malafide act of the
Respondent No. 06 comes within the ambit of transgression, infringement
and over-stepping and is seriously condemned through this writ petition.
Petitioner on several occasions asked the concerned office bearers about
the exact professional status of Respondent No. 06, who on one pretext of
another always tried to linger on the matter by concealing the details for
the reasons best known to them. But very soon, petitioner came to know
that Respondent No. 06 is a ‘Public Servant’ and according to him he has
been in the ‘Procurement Department’ of SZMC/H for more than 09 years,
and is a salaried employee since then. Photocopy of the Profile of
Respondent No. 06 created & put together by him on his Social Media
Account ‘Linked In’ is attached herewith as Annex ‘I’ &’I/1’.
8. That in respect of above stated injustice and transgression, Petitioner
presented a written Application before Respondent Nos. 02 to 05 but the
genuine grievance of the petitioner has neither been unraveled nor been
redressed. Photocopy of the Application dated 16.03.2020 is attached
herewith as Annex ‘J’. Hence the petitioner is left with no other alternate,
auxiliary and efficacious remedy except to invoke the extra-ordinary
constitutional jurisdiction of this Hon’ able Court; and petitioner is
entreating the same on the basis of following

GROUNDS
i. That SZMC/H Rahim Yar Khan is an autonomous medical and
health institution of Punjab. The word autonomous in the
foregoing context is defined in ‘The Punjab Government Rules of
Business 2011’ (Rules of Business) as ‘a Body mentioned in column 4
of the First Schedule’ wherein SZMC/H Rahim Yar Khan has been
declared as an autonomous body, of which Secretariat
department is Specialized Healthcare and Medical Education
Department at Sr. No. 38-A of the 1 Schedule of the Rules of
st

Business, who has been arrayed as Respondent No. 01 through

Secretary. The posts of Legal Advisor and Law Officers were
discussed and decided by the Board of Management (BOM) of
SZMC/H RYK in the presence of the official representative of
Respondent No. 01 apart from other BOM members, in
consequence whereof the advertisement no. IPB-764 (Annex ‘A’)
got published by Respondent No. 02 against which selection of
the petitioners were made. The letters of the Offer for
Appointment were duly forwarded to Respondent No. 01 along
with other relevant quarters of the institution.
ii. That according to S. 9 of Punjab Medical & Health Institutions
Act 2003 (hereinafter referred to as ‘Act 2003’) Government or BOM
may appoint persons in the service of institution on the
recommendation of Special Selection Board (hereinafter referred to
as ‘SSB’) and may also temporarily fill up an existing vacancy on
ad-hoc basis for a period of six months. SSB has been constituted
U/s 10 of the Act 2003 whose duty is to recommend appointment
of persons in the service of institution. A meeting of SSB for
recruitment of above post created by BOM on contract basis was
held in the context of Advertisement No. IPB-764 to interview the
candidates. Petitioner presented himself before the Interviewing
panel and got selected as Legal Advisor. SSB recommended the
name of petitioner for issuance of order on institutional ad-hoc
basis till the final approval of contractual orders by BOM due to
workload of litigation. As a result whereof, Respondent No. 02
being the Head and Chief Executive of the Medical or Health
Institution as per Rule 6 of The Punjab Medical & Health
Institutions Rules 2003 (hereinafter referred to as ‘Rules 2003’), on
the recommendation of SSB, issued Offer Letter of Appointment
to petitioner for the post of Legal Advisor dated 29.10.2019 in
anticipation of approval by BOM and with reference to
conversation with Respondent No. 04 dated 28.10.2019 for a
period of 6 months or till the issuance of orders on contract basis.
So, the appointment carried out according to law and the same
cannot be countermanded, abrogated or influenced, except by
due process of law.
iii. That in the wake of above appointment letter, Charge of the
Legal Advisor Office of SZMC/H Rahim Yar Khan was also
entrusted to the petitioner vide Annex ‘E’ on 29.10.2019, which
still vests in the petitioner, copies of which were also forwarded
to Respondent Nos. 01, 03 to 05 and also to District Accounts
Officer Rahim Yar Khan. So, while the charge vests in petitioner,
Respondent No. 06 cannot be lodged into the Office of Legal
Advisor bypassing all the requisite law, rules and regulations
without any kind of due communication to the petitioners in
apropos.
iv. That the post against which petitioner was selected
recommended and given charge of, is the post created by BOM of
the institute; and the remuneration which the petitioner got
entitled to receive as per advertisement no. IPB-764 was
‘equivalent to BPS-18 for Legal Advisor; and the same
 remuneration as decided and directed by the BOM, got issued by
Respondent No. 05 in favor of the petitioners for the month of
November 2019. So, how could Respondent No. 05 withhold the
remunerations of petitioner for the month of December 2019,
January 2020 and February 2020 without any written order by the
BOM or by Respondent No. 02 without any reasons / without
any prior communication to the petitioner! As there is nothing in
the Law & Rules which could in any manner suggest such act of
stopping the remunerations of petitioner by Respondent No. 05
in such an arbitrary and erratic manner, prejudicial to the
petitioner. In this context S. 24-A of The General Clauses Act X of
1897 expressly prohibits such kind of arbitrary action taken
under the cover of authority. In fact, Respondent No. 05 in an
illusion of considering himself Chief Executive of SZMC/H has
stopped the remuneration of the petitioner; so that a justification
for the intrusion of Respondent No. 06 in Legal Office of
petitioner could be embroider, as per his unfounded legal and
procedural acumen. Even otherwise, Respondent No. 05 cannot
withhold the duly decided and directed remunerations of the
petitioner without the duly written orders and directions of
Respondent No. 02 and 03. Petitioner in the foregoing paragraph
has relied on the spirit embodied in S. 24-A ibid and guidelines
laid down by the Hon’ able Constitutional Courts of Pakistan in
the above context along with The Punjab Medical & Health
Institutions Act 2003 and Rules 2003.
v. That neither the Orders of selection of the petitioner was
rescinded nor varied nor any such communication (if any) got
made to the petitioners, then under what authority Respondent
No. 06 was inserted into the office of the petitioners without any
intimation, justification and due communication! As it is well
established principle of the administration of justice, that official
communications should be through proper procedure and
channel, which is lacking in the case of petitioners. Even
otherwise, through the insertion of Respondent No. 06 in such a
capricious and arbitrary manner, the inherent and fundamental
rights of the petitioners have been severely affected; as the
Respondent No. 06’s unjustifiable intrusion deep in the litigation
files, under the shade of influential administrators and in liaison
with the clerks of admin and legal office of SZMC/H, has been
seriously sabotaging the smooth functioning and operations of
the Legal Office. In fact, the concerned bigwigs want to change
 the nature of the job responsibilities of the petitioner by upraising
Respondent No. 06, which act without due process of law is not
at all warranted by law. Hon’ble Constitutional Courts of
Pakistan have time and again laid down this principle that
‘Element of Fairness has to be there in all government actions, and
such should not be missing in any way’. But in SZMC/H,
stopping of remunerations of petitioner, launching of
Respondent No. 06 and throwing away the name plate of
petitioner by him, happened to be a child’s play because the
intruders have mighty shields in the shape of influence and
money, and the element of Common-Interest cannot be figured out
in apropos. As on 19.02.2020 Hon’ able Justice Shahid Jameel
Khan of Lahore High Court bench at Bahawalpur while deciding
the case of homogenous matter titled as ‘Dr. Fatima Arshad Vs
Govt. of the Punjab etc’ in W.P No. 898 of 2020 gave his finding to
the effect that:

Due process and disclosure of necessary information in a notice or

show cause notice is fundamental right of the recipient of any notice.
Any action taken, on a notice or show cause notice, lacking due
process or necessary information, shall be susceptible to judicial
review in constitutional jurisdiction and liable to be set aside for not
adhering to the guaranteed fundamental rights.
It is pertinent to mention herein that the above-mentioned
decision has been approved for reporting and copy of the same is
attached herewith as Annex ‘K’.
VI. That the act of over-stepping by Respondent No. 06, seizing hold of
all the legal files and record, comes within the ambit of
transgression and usurpation; which act of him is considered as
dismantling of the fundamental rights bestowed in the favor of
petitioner in apropos. The, amputating and throwing away the
name plate of petitioner through criminal force and kick-in is prone
to penal action, regarding which Petitioner presented an
Application to Respondent Nos. 02-05 (Annex ‘M’), but no action
has been taken in this regard to date.
VII.  That Respondent No. 06 is a Public Servant, who has been working
in the Procurement Department of SZMC/H RYK for more than 09
years. Not only this, he has been enjoying several title-roles under
the cover of his publicly announced job title in Procurement
 Department. Either it be Engineering & Development Department
or Projects Department or Procurement Department or Legal
Advisor Department; Respondent No. 06 is unjustifiably enjoying
all the prerogatives and benefits in quadruple, under one roof-shed
i.e., SZMC/H Rahim Yar Khan. Every department of SZMC/H
owns him and nobody in SZMC/H is ready to disclose his real job
description. But it is unquestionable that he is Public Servant and
has been drawing the monthly salary for more than 09 years. He
also allegedly possesses Punjab Bar Council license to practice law,
along with the membership of District Bar Association Rahim Yar
Khan and Lahore High Court Bahawalpur Bench Bar Association.
According to Rule 175 of The Pakistan Legal Practitioners & Bar
Councils Rules 1976, he is neither entitled to hold public office nor
any service of government nor become a salaried official either in
Public, Private or an Autonomous body while rendering his
services as an Advocate as laid down by ‘The Legal Practitioners
and Bar Councils Act, 1973’. Rule 175 of the Rules ibid for your kind
perusal is reproduced as herein below:
(1) An Advocate shall not join or carry on any other profession,
business, service or vocation or shall not be an active partner or a
salaried official or servant in or be subject to the terms and
conditions of service of the Government, semi-Government or
autonomous body or any other organization or institution, public or
private.
(2) Any violation of sub-rule (1) by an Advocate shall entail
consequences as provided in Rule 108-O.

Rule 108-O of The Rules 1973 expressly state that the delinquent one
as provided in Rule 175 ibid 
Shall be guilty of professional misconduct under the Legal Practitioners &
Bar Councils Act, 1973 and his name shall also be removed from the
roll of Advocates
So, the petitioners through this writ petition, requests for the
issuance of Reference against Respondent No. 06 to Punjab Bar
Council, Lahore in the above-postulated context. 
VIII. That as the selection of the Petitioner was made with reference to
Advertisement No. IPB-764 (Annex ’A’) in which post type was ’02-
year Contract’, so petitioners seek appropriate direction to
Respondent No. 03 for issuance of 02 year-Contract Letter asap. As
 the petitioners were selected and given charge of the Legal Advisor
Office on ad-hoc basis of 06 months, till the arrival of contract
orders from BOM, and the reasons for doing that was stated as
because of work-load and deficiency of qualified staff. So
Respondent No. 06 under the protection of highly influenced ones
of SZMC/H RYK by nefarious designs and are deliberately
delaying the Orders of Contractual Appointment to sideline the
petitioner and take the blessings from Respondent No. 06. So, in the
wake of maintaining Rule of Law, petitioner entreat this high-
principled and illustrious Court to issue appropriate directions to
Respondent Nos. 02 and 03 to hand over the Contractual
Appointment Orders of the petitioner for 02 years as he has been
duly selected and recommended by Interviewing Committee and
SSB.
IX. That Petitioner also seeks thoroughgoing and meticulous inquiry
against Respondent No. 06 and for these reasons Respondent Nos.
02 and 07 may graciously be directed to present the employment
record of Respondent No. 06 or at least give information in the form
of written extract from his admin file as to his job-title, job
description, basic pay scale (BPS), job type i.e., ad-hoc, contractual
or regular, the department of him, qualifications of him and
statement to this effect that no application of misuse and abuse of
authority on his part whatsoever is in pipeline. The petitioner seeks
the above-stated information U/A 19-A of The Constitution of
Islamic Republic of Pakistan 1973 read with the provisions of The
Punjab Transparency and Right to Information Act 2013, as the
concerned Respondents are not ready to give the information in
spite of repeated demands, so asking the same through this Hon’ble
Court.
X. That the Petitioner also seeks appropriate direction addressed to
Respondent No. 02 to give the reasons and justifications of his
giving free-visa to Respondent No. 06, upon which Respondent No.
06 intruded into the professional privacy of the petitioner by
kicking-in and gradually seizing all the legal record of the
institution on the pretext of unjustifiable and undue reasoning.
Likewise, direction to Respondent No. 06 to return all the record
and files of the petitioner’s office and restraining him not to
transgress into the office bypassing the law, rules and regulations is
also necessitated.
 XI. That the fundamental rights of the Petitioner as embodied in Arts.
04, 03, 14, 19-A, 25 and 27 of The Constitution of Islamic Republic of
Pakistan 1973 have been woefully and abominably subdued
without any legal authority and justification, for the redressal of
which the petitioner has left with no other alternate, effective and
efficacious remedy except to invoke the extra-ordinary jurisdiction
of this Hon’ able Court U/A 199 of The Constitution of Islamic
republic of Pakistan 1973.

P R A Y E RS

Under the above mentioned circumstances, it is respectfully prayed as

follows:
a. Appropriate direction to Respondent No. 05 may very kindly be issued to
release the outstanding remunerations of the Petitioner of last 03 months
from December 2019 to February 2020 erstwhile; and also to direct him,
neither to stop the remunerations of the Petitioner in future nor to change
the rate, value and amount of remunerations in an attempt to satisfy his
personal grudge and ill-will, during the prolongation of the services of
petitioner except with the prior approval in written by the BOM as
stipulated and mentioned in relevant law & rules.

b. Suitable direction may very graciously be issued to Respondent Nos. 02

and 03 to release Appointment Orders of the Petitioner on 02 years
Contract basis as originally offered by Respondent Nos. 01 to 04 through
Advertisement No. IPB-764; as nearly 04 months have been passed since
Petitioner has taken Charge of his post; and in spite of being declared as
top-notch candidates and duly recommended in apropos by the Special
Selection Board (SSB), holding-up and marking time in handing over the
02 year-Contract Letters to the Petitioners is interdicted as per law, akin to
unjustifiable and actionable act.

c. Graciously Ordering Respondent No. 06 to remain within his domain and

not to transgress upon the precincts of the Office of the Petitioner in any
way, and also ample direction in this behalf may very kindly be served
directing Respondent No. 06 to return the files and record of the Office of
the Petitioner which he has illegally possessed.
 d. Generously Ordering Respondent No. 02 to give information of
Respondent No. 06 regarding his job-title, job description, basic pay scale
(BPS), job type i.e., ad-hoc, contractual or regular, the department of him
and qualifications of him U/A 19-A of The Constitution of Islamic
Republic of Pakistan 1973.

e. Appropriate direction may very kindly be issued to Respondent No. 01 to

initiate proper inquiry against Respondent No. 06 under The Punjab
Employees Efficiency, Discipline & Accountability Act 2006 as he under
the cover of holding public offices in quadruple along with other
allegations against him unjustifiably concealed by the bigwigs of the
institution, is guilty of Misconduct, Wrongdoing and Corruption.

f. Graciously ordering Respondent No. 02 as an administrator of SZMC/H

Rahim Yar Khan to provide smooth and workable environment for the
petitioner, thereby restraining Respondent Nos. 03, 05 and 06 in their
attempt to pacify the innate grudge and ill-will, not to cause disturbance,
inconvenience and trouble in any manner to the petitioner during the
prolongment of his services in the institution.

g. Direction to Respondent Nos. 02 to 05 to present their version by

appearing in person before this Hon’ able Court, as Petitioner is highly
apprehended that the above-stated Respondents will get their Written
Reply prepared in connivance with Respondent No. 06 against whom
Petitioners have leveled concrete allegations herein, and if it happens the
very purpose of the filing of this Constitutional Petition will meet its death.
Any other relief which this eminent and high-principled Hon’ able
Court deems fit, may also be granted in favor of the Petitioner
keeping in view the principles of law, justice and equity.

Date: _______________
Petitioners

Umer Arsalan Mustafa s/o Mumtaz Mustafa

Through Counsel;
 Mumtaz Mustafa
Advocate Supreme Court
C.C. No. 25222

Note:
As per information laid down to me, it is the ever first Constitutional
petition on the subject matter of this petition which involves the
enforcement of fundamental rights and avoidance of the breach of such
precious rights by the authoritarian interference by the Respondents.
(Counsel)