LAHORE: The Lahore High Court (LHC) has ruled in favour of a retired senior doctor, setting aside a federal government decision that denied him pensionary benefits on the ground of an initial ad hoc appointment.

Justice Muzamil Akhtar Shabir announced the judgment on a petition filed by Dr Rizwan Iqbal, who assailed a June 4, 2022 letter issued by the Ministry of National Health Services, Regulations and Coordination refusing to process his retirement benefits.

The petitioner, an MBBS graduate from Allama Iqbal Medical College, Lahore, joined the public health sector in 1986 and served for over 34 years in institutions, including the Pakistan Medical Research Council (PMRC) and later the Pakistan Health Research Council (PHRC). He rose through the ranks to BPS-19 as research director after multiple promotions approved by departmental committees and the Cabinet Division. He retired on attaining the age of superannuation in August 2020.

Despite issuance of a retirement order and payment of his provident fund, the authorities later declined to release his remaining benefits, including pension and gratuity, arguing that his initial appointment had been on an ad hoc basis and was never formally regularised.

Rejecting this stance, the high court observed that the petitioner had been consistently treated as a regular employee throughout his career, having been promoted to higher grades and serving against permanent posts without any objection from the department.

Justice Shabir noted that none of the promotion orders indicated that the petitioner’s status remained temporary and his promotions had even been endorsed by the Cabinet Division.

The judge termed the case peculiar and held that any defect in the initial appointment stood effectively cured by subsequent regular promotions and long, uninterrupted service. He ruled that under Regulation 14 of the PMRC Service Regulations, an employee eligible for confirmation cannot be denied such status or its benefits merely because he retires before formal confirmation.

Citing precedents of the Supreme Court, the judge observed that the authorities cannot take advantage of their own lapses in failing to regularise an employee while continuing to benefit from his services for decades.

Addressing a jurisdictional objection raised by the respondents under the National Institute of Health (Reorganization) Act, 2021, the judge held that the law did not apply retrospectively to the petitioner’s case as he had retired prior to its enactment.

Declaring the impugned refusal letter unlawful and without legal effect, the judge directed that the petitioner’s services be deemed regularised and ordered the authorities to process and release all retirement and pensionary benefits in accordance with law.

With these directions and observations, the judge allowed the petition.

Published in Dawn, May 3rd, 2026