ISLAMABAD: Pakistan Medical Commission (PMC) has forwarded the decision of Balochistan High Court (BHC) regarding reinstatement of sacked employees of the dissolved Pakistan Medical and Dental Council (PMDC) to the attorney general of Pakistan and the Ministry of National Health Services (NHS) for legal opinion.

Moreover, it has been decided that the decision of the BHC would be challenged.

On the other hand, the employees, who were not allowed to resume their duties after the court verdict, have also decided to file a contempt case against the PMC.

On October 19, President Dr Arif Alvi promulgated an ordinance which left the PMDC dissolved and paved the way for establishment of a new organisation namely PMC. On Oct 20, the ministry of NHS sealed the building of the PMDC and terminated the services of its 220 employees.

The employees filed a petition in BHC against their termination. A division bench, comprising Chief Justice Jamal Mandokhail and Justice Abdullah Baloch, last week suspended Section 49 of the PMC ordinance under which the employees had been sacked. The court directed that salaries should be paid to all the employees regularly.

PMC official says Balochistan High Court decision has been sent to attorney general and NHS ministry for clarification

On Friday, the employees reached outside the PMC to resume their duties but its management closed the doors and did not allow them entry.

When contacted, PMC Vice President Ali Raza maintained that according to the court decision, implementation of Section 49 was suspended, not the provision of the law.

“It means that the section would not be implemented anymore. There are three sub-sections of Section 49. The first one says salaries of six months have to be paid to the employees and we paid the salaries one month after the promulgation of the ordinance. Second sub-section states that a letter should be sent to the Accountant General of Pakistan Revenues (AGPR) to calculate the dues.

“According to sub-section three, employees from Basic Pay Scale (BPS) I to IV will be given priority for reappointment. However, because of the decision now not only dues suggested by AGPR will not be cleared but also priority would not be given to the former employees for reappointment.”

He also said the employees were wrongly interpreting the court order that they were restored.

“We have sent the decision to the attorney general of Pakistan and the ministry of NHS to get legal opinion and a clarification. Moreover, I believe that they were employees of the dissolved PMDC so they should report to the ministry of NHS as PMC is a totally different entity and has nothing to do with them,” said Mr Raza, who is a lawyer by profession.

But an official of the ministry of NHS, requesting not to be quoted, said it was clearly mentioned in the court decision that Section 49 had been suspended.

“We will have to implement the decision if we fail to get a stay from the Supreme Court. The employees will be reinstated in the PMC as it is the successive entity of the PMDC. Moreover, after 42 days the PMC ordinance will lapse as there is no hope that it will sail through parliament.

“The government can extend the ordinance just once for another 120 days but I fear that it may be repealed from Senate of Pakistan in coming weeks. It is unfair that after serving for three decades, someone comes and tells you that you are no longer required and even pension will not be given to you,” he said.

“Some of the decisions of successive governments created embracement for the country at the international level. Because of the new ordinance, Sindh has decided to establish Sindh Medical and Dental Council (SMDC) due to which certificates of both the PMC and SMDC would not be accepted at the international level.

During the PML-N government, same happened with Higher Education Commission (HEC) as Sindh established its own HEC,” he said.

When contacted, Secretary Ministry of NHS Dr Allah Bakhsh Malik confirmed that the decision of the BHC had been received.

“In a few days, we will file a civil petition for leave to appeal (CPLA) in the Supreme Court of Pakistan,” he said.

Published in Dawn, December 15th, 2019