PESHAWAR: Peshawar High Court on Thursday disposed of a petition against appointment of an official of education department as district sports officer in Bannu as government withdrew the controversial order.

A bench consisting of Justice Ijaz Anwar and Justice Dr Khurshid Iqbal was hearing the petition filed by an officer of sports department, Adil Shah, against his removal as Bannu district sports officer by the government and the Aug 16 appointment of Noor Rehman of education department as his successor on deputation.

During previous hearing on Aug 22, the court had summoned both the secretaries of sports and elementary and secondary education departments for responding to the petition. The respondents in the petition include provincial government through its chief secretary, sports secretary, elementary and secondary education secretary, director general (sports) and Noor Rehman.

Advocate Mukhtar Ahmad Maneri appeared for the petitioner whereas the additional advocate general, Taskeenuddin Khattak, represented the provincial government.

Govt withdraws controversial notification

Mr Maneri stated that on May 17, 2024, a notification was issued by secretary of elementary and secondary education department through which the services of a physical education instructor, Noor Rehman, was placed at the disposal of sports department for his onward posting in the directorate general of sports on deputation basis for a period of three years.

Subsequently, he stated, on Aug 16 another notification was issued through which the petitioner was transferred and was replaced by Noor Rehman. He said that the petitioner challenged the notification and requested the court to declare the same as illegal and order its withdrawal.

He pointed out that after the previous hearing, the government on Aug 27 issued another notification whereby the earlier two notifications were withdrawn. He stated that the notification provided that the services of the respondent, Noor Rehman, were repatriated to his parent department.

He contended that the grievance of the petitioner had now been addressed. The petitioner claimed in the petition that he was a senior officer of sports department and had been working for uplifting of sports in Bannu as district sports officer since 2022.

He stated that out of the blue, the sports secretary issued the impugned order whereby he was transferred and posted as an assistant director at directorate of sports.

He stated that there was no provision in service rules of the directorate general of sports as well as absence of any other policy which provided space for posting on deputation.

He pointed out that recently in a petition in respect of posting and transfer of management and teaching cadres of education department, the high court had issued a stay order and directed that no person from the teaching cadre should be appointed against the posts of management cadre.

The petitioner contended that in almost identical petition wherein an official of Rescue 1122 was appointed on deputation as district sports officer in Haripur, the high court granted interim relief to the petitioner and suspended the impugned order.

Published in Dawn, August 30th, 2024