IHC restores PMDC; declares presidential ord null and void

Author: Muhammad Faisal Kaleem

The Islamabad High Court on Tuesday declared the presidential ordinance for dissolution of the Pakistan Medical and Dental Council (PMDC) as null and void and reinstated the employees of the council.

In a short order announced by Justice Mohsin Akhtar Kayani, the court ordered the dissolution of the newly formed Pakistan Medial Commission (PMC) declaring it illegal.

Soon after IHC decision for restoration of PMDC, the health ministry once again sealed the PMC building for an indefinite period, creating confusion among PMC’s visitors as well as employees. Ministry representatives also took all official files and documents in their custody.

Despite repeated attempts, Special Assistant to Prime Minister (SAPM) on Health Dr Zafar Mirza was not available for comments.

When asked about closure of the building, Ministry of Health spokesperson Sajid Shah told Daily Times, “I don’t know much details about the development so far.”

PMC President Dr Arshad Taqi said that he along with other PMC employees have left the building as per ministry directives, adding that they will comply with any new instructions conveyed by the high-ups of the ministry and the President House. He said they have not been informed about the period they have to remain away from the office.

In October last year, President Dr Arif Alvi had promulgated an ordinance which left the PMDC dissolved and paved the way for the establishment of the PMC. The health ministry through the Islamabad district administration and police had taken over possession of the PMDC building and informed its 220 employees that the offices would remain shut for a week. The sudden move had irked the PMDC employees who also staged a protest outside the building. Almost all major opposition parties had opposed the ordinance in the parliament and had shown solidarity with the sacked employees of the PMDC.

At the same time, the sacked registrar of PMDC Dr Hafizud Din and 31 other employees had moved the IHC, arguing that an act of parliament gave powers to the government to dissolve the PMDC, but its president, vice-president and the executive committee would stay intact till the appointment of newcomers after elections which were to be held within a year. The petition had said that services of PMDC employees were terminated without giving them a proper opportunity of hearing. It had expressed apprehensions that the PMC may hire the services of new employees on sanctioned and contractual positions through other modes after issuing advertisements which would jeopardise the vested rights to serve the council’s previous employees. It had requested the court to declare the ordinance for the establishment of the PMC as unconstitutional and in the meantime allow PMDC employees to continue working in the newly formed commission.

Justice Mohsin Akhtar Kayani on Tuesday finally announced the verdict in favor of the PMDC employees. After the verdict was announced, the reinstated employees were seen congratulating each other inside the court premises.

In the previous hearings, the court had directed the federal government to immediate release six-month salaries to the sacked employees of the PMDC.

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