ISLAMABAD: At least 200 doctors and nurses in the Pakistan Institute of Medical Sciences (Pims) appointed under the defunct Medical Teaching Institution (MTI) Act during the tenure of the PTI have not received their salaries for the past months.

In April this year, the health ministry had decided to rehire these employees on a contract basis. The employees, however, demanded regular employment, saying they had been appointed as regular workers under the MTI.

The hospital administration had said their cases would be forwarded to the ministry for recruitment against the required posts on a contractual basis for two years with effect from July 1, 2023, or till the availability of regular incumbents from the Federal Public Service Commission (FPSC) whichever is earlier,” the notification had stated.

Dr Aneeza Jalil, a Pims spokesperson, said at the start of the fiscal year a summary was moved by the hospital to get approval from the health ministry for an extension in the contract of employees but they have not received any response. She said salaries would be paid as soon as a decision by the ministry is made.

Spokesperson says payment will be made after ministry’s decision

On the other hand, the health ministry spokesperson said the contracts of employees would be extended temporarily. Their posts would be advertised in the meantime and they would be allowed to participate in the recruitment process, he added. The spokesperson said the ministry would resolve the issue at the earliest.

Financial crunch

An employee, requesting not to be named, said that they were working in the hospital as per routine but their salaries had not been paid since July. “We urge the health ministry to address our issue at the earliest,” he said, citing extreme financial crunch due to the non-payment of salaries. “We have been forced to live hand to mouth,” he rued.

However, another employee, requesting anonymity, said that they were appointed as regular employees and should be given the same status.

“The appointment letters provided by the MTI management did not even mention we were appointed on a contractual basis. A number of employees, especially faculty members and senior doctors, were getting hefty salaries but they left their jobs for a regular status at Pims,” he said.

“The Ministry of Health and the Pims administration violated Article 264 of the Constitution by creating problems in the service conditions of the employees hired under MTI.

The services of the doctors hired under the MTI Act cannot be disturbed as they are neither temporary nor contractual employees as per the provision of the service agreement reached between the employees and the hospital administration at the time of appointment,” he said.

Another official said Article 264 of the Constitution provided that “where a law is repealed or is deemed to have been repealed, by, under, or by virtue of the Constitution, the repeal shall not affect the previous operation of the law or affect any right, privilege, obligation or liability acquired, accrued or incurred under the law”.

He added Section 6 of the General Act 1897 also gives protection to the operations of the repealed MTI Act 2021.

“The provisions of the law do not support the stance of the ministry to initially offer contracts to doctors and later regularise them through FPSC. Neither the service agreement nor the Pims Act 2023 referred to any such condition as claimed by the ministry officials,” he said.

Defunct MTI Act

In November 2020, President Dr Arif Alvi promulgated the MTI ordinance under which Pims was to be run through a board of governors (BoG). Even though the Pims employees resisted the ordinance, it sailed through parliament. Later, some appointments were made under the MTI Act 2021. The PDM government passed the MTI Repeal Bill on December 20, 2022, in a joint sitting of parliament.

Over 200 employees, including 44 professors, associate professors, assistant professors and casualty medical officers, 168 charge nurses and six members of the management committee, were appointed during the tenure of MTI and they got the salaries till December 2022 and then, although allowed to continue working, could not get their salaries as the management said the MTI was abolished. Because of the notification issued in April, the salaries were paid to the employees till June this year and then they had to get a two-year contract which is yet to be given.

Published in Dawn, September 18th, 2023