PESHAWAR: A Peshawar High Court bench on Wednesday issued notices to the provincial chief secretary, health secretary and director general (health services) to explain position on a petition against the creation of surplus pool in the health department for civil servants working in medical teaching institutions.

The bench comprising Justice Waqar Ahmad Seth and Justice Mussarat Hilali later fixed for July 23 the hearing into the petition filed by Pakistan Medical Association Khyber Pakhtunkhwa president Dr Hussain Ahmad Haroon.

It also issued orders for the clubbing of the petition with those challenging the Khyber Pakhtunkhwa Medical Teaching Institutions Reforms Act 2015.

The petitioner requested the court to declare the creation of surplus pool for professors and other servants of teaching hospitals across the province ‘illegal, without jurisdiction and for ulterior motives.’

He also sought orders for striking down two ‘controversial’ notifications of the provincial government and Health Sector Reforms Unit for being illegal.

Mian Mohibullah Kakakhel, lawyer for the petitioner, contended that on April 23, 2015, the provincial government through a letter had asked for option from civil servants working in medical colleges to continue serving in medical colleges and teaching institutions in the category of government servants.

Explanation sought from chief secretary, health secretary on PMA petition

However, he added that for utter surprise of professors of teaching institutions at graduate and postgraduate levels in Khyber Pakhtunkhwa, a letter had been written by the HSRU coordinator on June 24, 2015, stating that the government was creating a surplus pool in health department by withdrawing all civil servants from the medical teaching institutions.

The lawyer said the controversial letter of June 24 was in direct contradiction and conflict with the earlier letter of April 24.

He said the employees to be sent to surplus pool totaled more than 12,000 across the province.

“Both the letters have created a great confusion for the teaching faculty, which are aggrieved of such like move whereby their whole career will be destroyed,” he said.

The lawyer said there were hundreds of professors and other staffers working in 10 public sector medical colleges across the province, which were regulated by the Khyber Medical University Act of 2006. He added that the services structure of professors being governed by the PMDC under the Act of 1962.

The lawyer said the said doctors and others were teaching in medical colleges and practicing in constituent hospitals providing medical services to the public.

He added that the professors working in relevant fields were governed under the KP Medical and Health Institution and Regulation of health Care Ordinance 2002, KMU Act 2006 and PMDC Act 1962.

The lawyer said early this year, the provincial government enacted the KP Medical Teaching Institutions Reforms Act 2015, which had been challenged by All Teachers Association of the Professors on various grounds.

Published in Dawn ,July 16th, 2015

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