PESHAWAR, March 17: A two-member bench of the Supreme Court on Thursday held 15 senior doctors, who had resigned after ban was placed by the provincial government on private practice, entitled to pension benefits.

The doctors include some prominent professors including Dr Gulalai Wali Khan, Dr Kiramatullah Khan, Dr Tariq Khan, Dr Saeedullah Khan, Dr Almas Afridi, Dr Jehanzeb and others. Most of them had served in the health department for around 24 years.

In 2002, the then military government in the province had introduced the Institution Based Practice (IBP) whereby ban was placed on doctors of the government sector hospitals to carryout the practice outside the hospitals.

Following introduction of that policy, several of the senior doctors had opted for early retirement on the basis that they had already served for 24 years. However, the government did not accept their request and instead asked them to resign.

The said doctors resigned and requested the government for pension benefits but the same was declined by the government on the ground that they had not completed 25-year service under the relevant

rules.

They then filed appeals before the services tribunal which accepted their plea and declared them entitled to pension benefits.

The said decision was challenged before the Supreme Court by the provincial government.

Advocate Waqar Ahmad Seth appeared for the doctors and contended that the provincial government had misinterpreted the law which was in vogue at that time.

He stated that at that time, amendment was made in the relevant rules and the compulsory service required for pension benefits was 20 years and not 25.

Mr Seth pointed out that the government had itself given the option to the doctors of government sector hospitals whether they wanted to work under the IBP or seek early retirement.

He added that the doctors had availed the option of retirement, but were forced to resign.

He added that the service tribunal had not erred in giving pension benefits to them and the appeal of the government was liable to be dismissed. NOTICE ISSUED:

The Peshawar High Court on Thursday put on notice the provincial government and other respondents in a writ petition filed by a former medical student seeking remission in his prison term awarded to him on account of smuggling explosives.

The petitioner, Wasif Shah, was a second year student of Bannu Medical College and was arrested on Dec 21, 2007, after explosive material was recovered from his vehicle near Essakhel in Mianwali district.

He claimed that he had completed Arabic course in prison and under the rules he was entitled to three-month remission.