PHC suspends reinstatement, arrears payment to MMC medic

PESHAWAR: The Peshawar High Court on Saturday suspended the reinstatement and payment of arrears to a female senior registrar of the Mardan Medical Complex (MTI) by the Board of Governors, after she was earlier removed from service for holding dual government positions.

A division bench comprising Justice Ijaz Anwar and Justice Wiqar Ahmad while hearing the petition filed by Waheed Gul, also issued notices to the hospital’s BoG and director to present their comments in the instant case.

The petitioner’s lawyers Shumail Ahmad Butt and Najm-ul-Saheleen argued that Dr Nayab Hakim was appointed as a medical officer in 2016 under the Health Department and later joined Mardan Medical Complex as a junior registrar in 2019 on the recommendation of the MTI selection committee.

They informed the court that during her appointment at MTI, she submitted an affidavit stating she was not employed elsewhere, while in fact, she never resigned from her previous post as medical officer. Later, she presented a deputation order dated January 20, 2019, which contradicted her earlier affidavit and concealed facts.

In 2022, she was promoted to senior registrar in Gynecology, again submitting a similar affidavit. Upon investigation, she was relieved from her MTI position in 2023, and her services were handed back to the Director General Health Services, KP.

The tribunal rejected her appeal, citing procedural irregularities in her appointments.

However, in 2024, the BoG reinstated her and directed that she be paid arrears, which the petitioner’s counsel contended was unlawful and an abuse of authority, as she never officially resigned from her civil service post, thus violating rules by holding two positions simultaneously.

After preliminary arguments, the court suspended the reinstatement and arrears order and adjourned further proceedings while seeking comments from the hospital board and relevant authorities.