Law:

Section:

Punjab Civil Servants Act (VIII of 1974)-­-------- ----S.9--Constitution of Pakistan{ (1973), Art.199--Transfer of hospital employee in violation of undertaking given by Government the time of Provincialization of hospital--Provisions of Civil Servants Act, 1974not applicable---Transfer, held was illegal being detrimental to employees' interests--Petitioner fulfilling conditions for getting BS-18, was allowed same--Claim for BS-19 was refused, employee being trot already in BS-18 nor had 12 years service prescribed for the scale. JUDGMENT This judgment shall also dispose of Writ Petition No.4B95/87, as both these Writ Petitions are between the same parties and pertain to terms and conditions of service of the petitioner, namely, Dr. Riaz Hussain Naik. 2. Vide letter No.516/GR dated 9-2-1980, Dr. Riaz Hussain Naik, the petitioner herein, was appointed as Deputy Medical Superintendent, Sir Ganga Ram Hospital, Lahore, in the grade of Rs.900-50-1,150/60-1,750, plus usual allowances as admissible under the rules by the then Executive Committee of the Board of Governors or Fatima Jinnah Medical College and its allied Hospitals Needless to add that originally the management and control of Fatima Jinnair Medical College and its allied teaching Hospitals vested in the Board of Governors of Fatima Jinnah Medical College and its allied Hospitals and it was treated as a non- Governmental institution. 3. Vide Notification No.SO(P&P)--12/5-79, dated 1-7-1980, the administrative control and management of the Fatima Jinnah Medical College, Lahore, and its allied Hospitals and other property attached to it was taken over t1y the Health Department of the Government of Punjab with effect from 1-7-1980 and the Fatima Jinaah Medical College, Lahore with its allied Hospitals became Government institution. It may, however, be noticed that vide another letter No.SO(P&P)-12/5-79(i) dated 1-7-1980, the Government of the Punjab decided to give some undertakings pursuant to notification whereby the control and management of Fatima Jinnah Medical College and its allied Hospitals was taken over. The undertakings so given include. "the terms and conditions of the present staff shall…

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