PESHAWAR: Khyber Pakhtunkhwa Service Tribunal has rejected appeal of a senior medical officer challenging his replacement on the post of district specialist (surgical) at a government hospital in Dargai, Malakand, by the provincial government last year.

A bench comprising the tribunal’s chairman Barrister Ikhtiar Khan and member (judicial) Aurangzeb Khattak, ruled that the Supreme Court had in an earlier judgment declared “transfer and posting of civil servants is the domain of the competent authority and courts/tribunals should not interfere unless it is proved that the order was passed with malafide intention or in violation of law.”

It observed that the apex court had emphasised that administrative transfers were not to be interfered with unless shown to be actuated by unlawful motives or in breach of legal norms.

The appellant, Dr Syed Adil Shah, was posted as district specialist (surgical) at Tehsil Headquarters Hospital, Dargai, through a notification by the government on Aug 12, 2024, replacing the then incumbent Dr Anayatullah Safi, who was also medical officer in the same hospital.

However, through another notification on Aug 27, 2024, the respondent (Dr Anayat) was retained as district specialist (surgical) on OPS (own pay scale) basis), whereas the appellant was posted on attachment basis against another post of district specialist (surgical).

Aggrieved with the Aug 27 order of the government, the appellant had filed the instant appeal requesting to set aside the impugned order.

The appellant’s counsel contended that his client was a qualified doctor possessing MBBS and FCPS qualifications, duly registered with the Pakistan Medical and Dental College and had been rendering efficient service to the satisfaction of his superiors.

He stated that replacing the appellant with the respondent (Dr Anayat), a medical officer in BPS-17, on OPS basis amounted to cross-cadre posting, which was nor permissible under established service law principles and departmental policy. He claimed that the impugned notification was issued with malafide intention, in disregard to transfer/ posting policy of the provincial government.

Advocate Khalid Rehman appeared for the respondent, Dr Anayat, was as senior doctor who got his MBBS degree prior to the appellant. He added that his client had conducted hundreds of surgeries and was also in the promotion-zone.

He contended that his client was serving against the post of district specialist (surgical) at the said hospital, but through a notification he was replaced with the appellant on Aug 12. He added that the respondent had filed an appeal with the provincial health secretary, which was accepted and the order was of the respondent retaining the said post on OPS basis was issued, whereas the appellant was adjusted on attachment basis.

An assistant advocate general, Naseeruddin Shah, also defended the government order and contended that the appellant was a senior medical officer and that his earlier posting against the post in question was a temporary administrative arrangement.

He stated that impugned notification fell within the exclusive domain of the executive authority and the appellant’s basic pay, grade and seniority remain unaffected.

The tribunal observed that through the impugned notification the appellant was posted on attachment basis against the same post, without any change in his substantive post, pay scale or seniority.

It observed that the record showed that both the appellant and the respondent (Dr Anayat) belonged to general cadre of medical officers. It was added that the department under exigent circumstances and in public interest was authorized to make OPS postings as a matter of administrative necessity.

Published in Dawn, May 10th, 2025