SHC moved against city hospitals’ handing over to Sindh govt

The Sindh High Court (SHC) has issued notices to the Ministry of National Health Services, Regulations & Coordination, the provincial health department and others on a petition against the handing over of three Karachi hospitals under the federal government’s administrative and financial control to the Sindh government for 25 years.

Employees of the National Institute of Child Health (NICH), the Jinnah Postgraduate Medical Centre (JPMC) and the National Institute of Cardiovascular Diseases (NICVD) have challenged the impugned agreement between the Centre and the provincial government.

The counsel for the petitioners told the SHC that the impugned agreement was unlawful, and made in violation of the judgment of the Supreme Court.

He explained that the impugned agreement was nothing but a hopeless and cynical attempt to circumvent the judgment of the SC and regularise the illegal and contemptuous continuation of control of federally owned institutes by the provincial government.

He said that on the one hand the provincial government was pursuing the review petitions before the SC against the judgment, while on the other hand, it was executing the agreement with the Centre to take control of the hospitals, admitting that the facilities were under the federal government’s executive and legislative authority.

He remarked that such apparent contradictions manifest mala fide intentions of the provincial government, and are an attempt to protect the illegal assumption of federally owned institutes.

He also questioned the health department’s summary with regard to the re-designation of posts of the NICH, JPMC and NICVD, and the creation of certain new posts for making appointments against the present posts.

He said the federal government employees’ service rights were at stake after the issuance of the daily order asking them to choose between joining the Centre or the provincial government.

In case of non-submission, it will be presumed that the employee would work with the provincial government for all times to come, he added. He also said the petitioners were being treated as working on deputation, depriving them of their right to promotion and progress.

The counsel said the impugned agreement was beyond the scope of Article 146(1) of the constitution, and also in conflict with various provisions of the constitution.

He requested the court to declare the impugned agreement unconstitutional, and the provincial government’s decision to re-designate the existing posts, and create new posts and appointments as illegal and without lawful authority.

He also requested the court to declare the daily order as illegal, and to restrain the respondents from acting upon the impugned agreement. After the preliminary hearing of the petition, an SHC division bench headed by Justice Junaid Ghaffar issued notices to the health ministry, the health department, the three city hospitals and others, calling for their comments to be filed on the next date of hearing.

The SC had earlier set aside the devolution of the NICH, the JPMC and the NICVD, declaring their devolution to the provincial government unconstitutional, without lawful authority and of no legal effect.