PESHAWAR: The Khyber Pakhtunkhwa health department is obtaining surety bonds from the newly-appointed doctors that their services are on contractual basis and can be terminated when Public Service Commission recommends persons for these positions on regular basis.

“The move is aimed at avoiding legal complications in future. The department is already embroiled in widespread legal battles with its employees, who were proceeded against according to law but they got stay orders from courts and the department’s directives remained stuck in the air,” sources said.

About 1,700 lawsuits have been filed by the employees of health department against their transfer orders. They were transferred over indiscipline or other departmental issues. “The health department doesn’t have strong legal arm to vacate the stay orders and implement its instructions,” said sources.

It is for the first time that department has taken the step to ensure that the doctors focus on their duty and avoid filing legal cases when their services end after expiry of the contract. “The doctors have to vacate the seats even before completion of one-year if the commission recommends permanent people for postings,” said sources.

Move is aimed at avoiding legal complications in future

They said that government had asked for a surety bond on a stamp papers that they would not attend any training programme and would avail two casual leaves every month. They said that healthcare system suffered owing to inability of the department to plead cases filed by its employees.

“Very recent example is the stay order granted by court to doctors and others, who were employed by an NGO directly for its People’s Primary Healthcare Initiative, programme with the department. The department was unable to plead it case in the court by explaining that they weren’t government’s employees,” said sources.

They said that the organisation ran more than 550 basic health units in the province where it had employed staff but the government indicated to end contract with it and its employees moved court against it.

“Had the health department a legal cell, it would have simply asked the petitioners to show appointment orders issued by the government,” said sources. They said that the staff was recruited directly by the organisation.

Sources said that the newly appointed doctors would be entitled to benefits and allowances and free treatment like all government servants except pension and gratuity.

“The candidates will join the department after they sign the bond so it can be presented in court if the employees go to courts to escape disciplinary action,” they said. The health department can dismiss their services if the doctors violate the agreement.

Sources said that 18 conditions outlined in the agreement left little room for the doctors to show laxity in duty or submit petitions in court when they completed their tenure.

The district health officers have been tasked to verify documents of the newly appointed doctors and those with fake documents will face police cases, according to bonds.

Sources said that it was right way to enforce the department’s directives. They said that the department was facing embarrassment owing to non-compliance of its directives.

“Doctors, nurses, paramedics and Class-IV employees have challenged the department’s directives to get relief,” said sources.

Published in Dawn, August 2nd, 2016