The Sindh High Court (SHC) on Wednesday directed the National Institute of Child Health (NICH), Jinnah Postgraduate Medical Centre (JPMC) and National Institute of Cardiovascular Diseases (NICVD) to ensure strict compliance with the court orders failing which delinquent officials would expose themselves to initiation of contempt of court proceedings.
The direction came on a contempt of court application filed against the JPMC executive director for violating court orders.
Employees of the three Karachi hospitals who had challenged the handing over of these facilities under the federal government’s administrative and financial control to the Sindh government for 25 years submitted in the application that the alleged contemnors were disobeying court orders. The applicants’ counsel submitted that the judiciary had restrained the respondents for taking final or adverse order or action to the disadvantage of the petitioners in violation of the Supreme Court judgments.
He submitted that despite the restraining order, the alleged contemnor had issued a letter for holding meeting of a selection committee for recruitment of consultants, specialists, special cadre doctors (surgical and allied) against the contractual posts which was tantamount to take final adverse order and action to the disadvantage of the petitioners.
He said the alleged contemnor had deliberately violated the court orders. A division bench of the SHC headed by Acting Chief Justice Aqeel Ahmed Abbasi after the preliminary hearing issued notices to the JPMC executive director and others, and called their comments.
In the meantime, the high court directed the respondents to ensure strict compliance with the court orders. The applicants’ counsel had earlier submitted that total work force at the JPMC was 2,257, the number of beds were 2,208, and the doctor-to-bed ratio was 1:1. He submitted that the present position reflected that there was neither any shortage nor any threat to smooth functioning of the hospital, but still a summary for hiring employees on a contractual basis was moved and approval was procured for extraneous reasons.
He said contractual appointments were being made to the institutes just to change its status in violation of the SC judgment. He submitted that these appointments were not being made fairly and transparently as the original composition of the selection committees was unilaterally changed and one single member from each specialty took interviews of candidates appearing for appointments. The counsel said that terms and conditions of service of the petitioners were being seriously jeopardised.
The petitioners submitted that the impugned agreement with regard to the handing over of federally owned hospitals to the Sindh government was unlawful, and made in violation of the SC judgment. They also questioned the health department’s summary with regard to the re-designation of posts of the NICH, JPMC and NICVD, and the creation of certain new posts for making appointments against the present posts.
The SC had earlier set aside the devolution of the NICH, JPMC and NICVD, declaring their devolution to the provincial government unconstitutional, without lawful authority and of no legal effect.
