ISLAMABAD: The Islamabad High Court (IHC) has set-aside the contractual appointment of head of the cardiology department at Pakistan Institute of Medical Sciences (Pims) as approval was not sought from President of Pakistan.

In 2023, Head of the Cardiology Department Dr Naeem Malik retired after reaching the age of superannuation. However, the then prime minister appointed Dr Malik on contract basis and then the administration of Pims gave him the charge of the head of the Department (HOD).

The most senior professor Dr Mohammad Shafique Arshad initially submitted application with the Pims management and the health ministry claiming that in the appointment letter of Dr Malik it was mentioned that he will remain HOD till the availability of the eligible doctor and claimed that he was

available and met all the criteria to become HOD. However, after failing to get any response, Dr Shafique filed a petition in the IHC.

According to decision, Section 14 (1) of the 1973 Act provides for a mechanism for employment of retired government servants.

The said provision reads thus:- “Employment after retirement. (1) a retired civil servant shall not be re-employed under the federal government, unless such re-employment is necessary in the public interest and is made with the approval of the authority next above the appointing authority: Provided that, where the appointing authority is the President, such re-employment may be ordered with the approval of the President.”

The single bench, comprised Justice Miangul Hassan Aurangzeb, has set aside the appointment.

A Pims’ doctor, wishing not to be quoted, said that as prime minister was the appointing authority of BPS-20 officer so, according to rules, approval should have been sought from the President of Pakistan. “Moreover any retired person can be appointed but it should not affect the seniority and promotion of the existing employees.”

“The appointment as a HOD blocked the promotion of other doctors of the hospital. Now Dr Shafique can become HOD and Dr Fazal Aziz and Dr Mehboobur Rehman have got the hope to get promotions,” he said.

Published in Dawn, July 10th, 2024