BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. 2. Federation of Pakistan throu h Deputy !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

Cla%& %n Appeal (o Set&aside impu ned transfer order )o.F$*&+/,--.//eh/Admin&***$ Dated ,'&**&,-** and departure order dated ,.&*,&,-** respecti#ely and to re&post Appellant on her pre#ious post and position in PIMS Hospital$ Situated at Sector %&'$ Islamabad. Respe't()ll* S+e,et+Appellant Submit as under0

Fa'ts1. (hat the Appellant is 1orkin as a /e ular Psycholo ist$ in PIMS

Hospital $ situated in Sector %&'$ Islamabad. 2. (hat there are t1o sanction re ular posts of Psycholo ist$ in PIMS

Hospital$ Psycholo y department$ but only Appellant is posted there as a re ular Psycholo ist$ in the PIMS Hospital Psychotary Department. $. (hat the Appellant is also pro#idin internship to a lar e number of

Psycholo y internees$ 1hom she super#ise$ and by the transfer of Appellant Psycholo y internees 1ill also suffer.

. (hat the Appellant is also helpin in national le#el trainin s of school teachers$ lady health 1orkers and medical officers. .. (hat on ,'&**&,-** the Appellant is transfer from PIMS Hospital to PIMS Satellite Hospital$ )IH $ Islamabd #ide order )o.F$*&

+/,--.//eh/Admin&***$ Dated ,'&**&,-**$ issued by /espondent )o ,$ $ 1ith the appro#al of the /espondent )o *.Cop* o( I&p)/ned T0ans(e0 Latte0 %s atta'+ed as Anna1)0e 2A3. 4. (hat the Appellant has already been re2uested to the respondents in 1ritin and throu h proper channel$ to cancel the impu ned transfer order dated ,'&**&,-**$ but the respondents issued departure order on dated ,.& *,&,-**. Hence this appeal 1ith in limitation period and appeal inter&alia on the follo1in rounds.

50o)nds
1. (hat the both the impu ned transfer order and departure order is ille al$ unla1ful and a ainst la1$ because this is a pre&mature transfer. 2. (hat the both impu ned orders are not sustainable in the eye of la1 and liable to be set&aside. $. (hat the both Impu ned orders are based on malafide$ Fa#ouritism$ )epotism$ and Political %rounds. . (hat the both impu ned orders are ineffecti#e on the ri hts of the Appellant. .. (hat the both impu ned orders are based upon policy of pick and choose and is clear #iolation of the merits of the appeal$ hence it is liable to be set&aside.

4. (hat the both impu ned orders are issued 1ithout any co ent reason and 1ithout considerin the interest of public$ because Appellant is the only re ular psycholo ist 1ho 1as 1orkin in PIMS and ser#in the public. #. (hat the both impu ned orders are issued arbitrarily and 1ithout any merit. 6. (hat the Public at lar e 1ill ha#e to suffer from this unreasonable decision of the authorities.

P0a*e0In Vie1 of the abo#e circumstances it is respectfully prayed that the both impu ned orders )o.F$*&+/,--.//eh/Admin&***$ Dated ,'&**&,-**$ and dated ,.&*,&,-** may please be set&aside and respondents please be directed to re&post Appellant on her pre#ious position in PIMS Hospital$ Further more restrainin the respondents perpetually throu h this Appeal from further ille al and unla1ful transferrin / postin of the Appellants in future and any other relief 1hich this Honourable tribunal deems fit and proper may be a1arded. Appellant (hrou h 3ounsel
M)+a&&&ad 7a8oo0 9+atta:

Ad#ocate Hi h 3ourt$
3hamber )o *4$ Muslim 5lock District 3ourts$ F&' Marka6$ Islamabad.

S)ppo0t%n/ La, ,-** P73 83S9 :4, ,-** P73 83S9 +. ,-** PS3 *,-Ve0%(%'at%on
It is #erified on this +-th day of December ,-**(hat the contents of abo#e titled 1rit petition are true and3orrect as per my information and kno1ld e

BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. 2. Federation of Pakistan throu h Deputy !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

AFFIDAVITE I ASIMA M!H5;;5 <HA) $ Petitoner in the abo#e titled Stay Application$ do hereby solemnly affirm on oath and declare that the contents of the abo#e titled Stay Application are true and correct to the best of my kno1led e and nothin concealed from this Honourable (ribunal. has been

DEPONENT

BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. 2. Federation of Pakistan throu h Deputy !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

Sta* Appl%'at%on 1. (hat the Abo#e titled 1rit petition is pendin in this Honourable 3ourt. 2. $. (hat the Appellant has prema facia case. (hat the balance of con#enience lies in fa#our of Appellant and he is likely to succeed it . . (hat if stay is not ranted$ Appellant 1ill suffer and irreparable loss.

P0a*e0It is there fore re2uested that the instant application may please be accepted and both impu ned orders may please be suspended till decision of the appeal.

Appellant (hrou h 3ounsel

M)+a&&ad 7a8oo0 9+atta:

Ad#ocate Hi h 3ourt.

BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. 2. Federation of Pakistan throu h Deputy !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

AFFIDAVITE I ASIMA M!H5;;5 <HA)$ Appellant in the abo#e titled Appeal$ do hereby solemnly affirm on oath and declare that the contents of the abo#e titled Appeal are true and correct to the best of my kno1led e and nothin Honourable (ribunal. has been concealed from this

DEPONENT

BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. 2. Federation of Pakistan throu h Deputy !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

CERTIFICATE It is certified on this +- th day of December ,-**$ that this is the First Appeal relatin to this matter and cause of action before this honourable court$ and neither matter relatin to this cause of action is pendin in any court of Pakistan includin hi h courts and

Supreme 3ourt of Pakistan.

APPELLANT

BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. 2. Federation of Pakistan throu h Deputy !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

E;EMPTION PETITION
/espectfully$ Sh1eth0& *. (hat the appellant has filled the abo#e titled appeal before this honorable tribunal. = ,. (hat the appellant could not obtain the certified copies of the documents$ file 1ork$ to the copies of the same are anne"ed 1ith this appeal. It is therefore$ respectfully prayed that the production of certified copies of the documents my kindly be dispensed 1ith. Dated0 +-th December ,-** APPELLANT (hrou h 3ounsel
M)+a&&ad 7a8oo0 9+atta:

Ad#ocate Hi h 3ourt.

BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. 2. Federation of Pakistan throu h Deputy !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

AFFIDAVITE I ASIMA M!H5;;5 <HA)$ Petitoner in the abo#e titled e"emption Petition$ do hereby solemnly affirm on oath and declare

(hat the contents of the abo#e mention e"emption petition are true and correct to the best of my kno1led e and nothin has been concealed from this Honourable (ribunal.

DEPONENT

BEFORE THE FEDERAL SERVICE TRIBIUNAL ISLAMABAD

Asima Mehboob khan Presently posted at Psychiatry Department PIMS. Hospital Islamabad. Appellant V/S 1. Federation of Pakistan throu h !"ecuti#e Director Pakistan Institute of Medical Sciences$ Sector %&'$ Islamabad$ and others. Respondents

APPEAL UNDER SECTION ! FEDERAL SERVICES TRIBUNAL ACT 1"#$

INDEX
S. No. Des'0%pt%on 1. Memo of Appeal alon 1ith affida#it and sub 3ertificates 2. /e ular Appointment letter of the Petitoner dated >uly 4$ ,-** $. Impu ned (ransfer order dated ,'&**&,-** and departure order dated ,.&*,&,-** . /epresent of the appellant dated -*&*,&,-** .. /ecommendation of H;D Psychiatry Department dated *-&*,&,-** 4. Stay Application alon 1ith affida#it #.. !"emption Petition alon 1ith Affida#it 6. Po1er of Attorney Anne1)0e 2A3 2B! B<13 2C3 2D3 Pa/es 1<. 4<# 6<" 1= 11 12<1$ 1 <1. 14

Dated0 +-th December ,-**

APPELLANT (hrou h 3ounsel

M)+a&&ad 7a8oo0 9+atta:

Ad#ocate Hi h 3ourt. Addess0 3hamber )o. *4$ Muslim 5lock$ District 3ourts$ F&'$ Marka6$ Islamabad