HYDERABAD, March 1: A division bench of the Sindh High Court’s principal seat in Karachi on Friday stopped Dr Agha Taj, an employee of the Liaquat University of Medical and Health Sciences, Jamshoro, from assuming charge as medical superintendent of the Hyderabad civil hospital.
The bench comprising Justice Faisal Arab and Justice Nisar Mohammad Sheikh suspended a notification issued on Feb 21, which appointed Dr Taj as the new MS.
Dr Khalid Qureshi, current MS of the hospital, challenged the notification on grounds that Dr Taj was a university employee and the post for MS fell in the category of general cadre.
Dr Qureshi’s counsel, Ahmad Ali Ghumro, argued that Dr Taj could not be made MS because the post fell in BPS-20 cadre and his client was working as MS in that capacity.
He quoted a May 2, 2012 directive of the Supreme Court that all out-of-cadre postings should be done away with and only those entitled to hold them should be posted there.
He said that after the principle was laid down by the apex court all such deputations and out-of-cadre postings were withdrawn but the government again appeared to return to its old ways.
He quoted a recent judgement of the SHC in his own case in which his client Dr Insaf Magsi of the health department was replaced by an employee of Shaheed Mohtarma Benazir Bhutto Medical University, Azfar Bhutto.
He said that Dr Magsi was given additional charge of MS of the Chandka Medical Hospital, Larkana, but the government replaced him by Azfar Bhutto which could not have been done.
The court held that since post of MS fell in BPS-20 category only a BS-20 official should be posted there. Dr Taj was a university employee and thus could not be posted as MS which was a general cadre post, he argued.
Mr Ghumro cited the provincial government through chief secretary, secretary of health, secretary of services and general administration and Dr Taj as respondents.
The bench issued notices to the respondents and Advocate General for Sindh to appear in court on March 13 while suspending the impugned notification.
