PESHAWAR, Nov 10: The NWFP government has finally moved amendments that would pave the way for the reinstatement of senior doctors who had either resigned or had proceeded on retirement in protest over private practice by government doctors.

The proposed amendments in the North-West Frontier Province Medical and Health Institutions and Regulation of Health Care Services Ordinance, 2002, seeks to bring back 39 senior doctors who had resigned in protest over the introduction of Institution Based Practice (IBP).

A senior official in the NWFP law and parliamentary affairs department told Dawn that the bill seeking to introduce the amendments had been sent to the NWFP Assembly for consideration late last month. “It is now with the provincial assembly,” law secretary Amir Gulab Khan said.

No date has been set for convening of the NWFP Assembly but officials say it is expected to meet soon after Eid.

According to section 5 of the proposed amendment titled ‘Rejoining of service by certain employees’, those doctors who had resigned from service or had proceeded on retiring pension due to restrictions imposed under the said ordinance, would be allowed to rejoin the service.

The section reads: “Notwithstanding anything to the contrary in any law for the time being in force, or the rules made thereunder, where an employee of an institution under the said Ordinance, who resigned from service or proceeded on retiring pension before attaining the age of superannuation, because of the restrictions originally imposed under the said Ordinance, on removal of those restrictions by virtue of the amendments made therein by this Act, opts for rejoining the services, he shall be allowed to do so.

“Provided that the period of his absence from duty commencing from the date of his resigning from service or proceeding on retiring pension, as the case may be (intervening period) shall be treated as leave with or without pay as may be admissible to him under the law or the rules, if any, applicable to him as such employee.”

“Provided further that re-induction of the employees in the service under this section shall not adversely affect the promotion or appointment of the employees in the said institutions made during the intervening period.”

The proposed amendment has set a time limit of three months for doctors to consider the option of rejoining the service from the commencement of this act.

It also empowers the government to make rules for carrying out the purposes of section 5 of the proposed amendment.

The bill, if adopted, would pave the way for the reinstatement of thirty senior doctors who had quit their jobs to protest Institution Based Practice — a system introduced by the previous military regime that was aimed at forcing government doctors to practice inside the hospitals.

The IBP angered some senior doctors who opted to leave their jobs either resigning in protest or seeking retirement on medical ground.

The NWFP Assembly unanimously adopted a report by a house committee last April doing away with the IBP. The report, however, did not discuss the fate of the former senior doctors.

While senior doctors see the decision by the MMA government to reinstate them as their moral victory, the junior doctors who were promoted to fill up the vacant posts say it would negatively affect their future prospects and promotions.

The government has defended its decision, saying the resignation of senior doctors had created professional vacuum and negatively affected the performance of teaching hospitals.

In order to pacify and allay apprehensions of junior doctors, the government has incorporated a clause in section 5 to offset any adverse affect on their promotions.

Junior doctors, who have since moved to senior positions, however, insist the proposed move is in contravention of federal laws and would be challenged in courts.

The government official acknowledged the proposed bill was controversial and could be challenged in the courts.