Nowshera hospital directed to pay salaries to TMOs

PESHAWAR: The Peshawar High Court on Saturday issued orders for the payment of salaries to the trainee medical officers (TMOs) appointed at Qazi Hussain Ahmad Medical Complex, Nowshera.

A two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal while hearing the petition also partially accepted the writ petition filed by the TMOs.

The petitioners’ counsel Advocate Fazal Shah Mohmand informed the bench that his clients were house job officers, who had not been receiving their monthly salaries. He added that the petitioners were foreign graduates working as trainee doctors at the hospital.

Justice Syed Arshad Ali inquired whether the terms and conditions included a stipend. Fazal Shah Mohmand confirmed that the mention of a stipend was indeed present, and that the house job doctors in 2022 were paid salaries, and the government had claimed to have released funds for this purpose.

However, the petitioners denied receiving any payments and said that the authorities were claiming that foreign graduates were not entitled to a monthly stipend despite a commitment that they would receive a monthly stipend.

Upon this, Barrister Aamir Javed representing Qazi Hussain Ahmad Medical Complex informed the court that a ruling of the Supreme Court existed regarding the monthly stipends for medical graduates.

According to the ruling, he pleaded that private medical colleges were responsible for arranging stipends for their students. The first priority for trainee doctor positions was given to graduates from public sector medical colleges within Khyber Pakhtunkhwa, while foreign graduates were considered last.

As per the 2022 policy board decision, he argued that medical graduates from the US, Europe, and Australia can complete their house jobs in Pakistan, but graduates from these regions after 2022 must complete their house jobs in hospitals within their respective countries. Graduates from China and Russia fall under Category 2.

Justice Arshad Ali inquired whether the Pakistan Medical Council (PMC) was a party in the case. Upon confirmation that PMC had been included, Justice Arshad Ali emphasized the importance of its involvement, saying that the case could not proceed without it. A PMC representative informed the court that the council had submitted its response.

Barrister Aamir Javed argued that in 2022, Qazi Hussain Ahmad Medical Complex had recruited house job officers through advertisements and had paid them salaries. However, the petitioners arrived in 2023 and were not recruited through advertisements; instead, they were appointed by the hospital’s managing director (MD).

However, the petitioners’ counsel argued that the certificates given to them explicitly mentioned “paid internship.” He said that while the previous MD may have made a mistake, the current MD had offered senior house job positions to some of them.

Another counsel for the petitioners, Amir Nawaz, informed the court that the petitioners were being told that those who withdrew their case would not face any action and would be facilitated. However, despite a court order prohibiting discriminatory action against the petitioners, violations had occurred, including withholding certificates.

Petitioners’ counsel, Akhtar Ilyas, informed the court that one of the petitioners had already completed a house job in China, yet the Pakistan Medical and Dental Council (PMDC) was forcing them to do another house job.

Justice Arshad Ali then questioned the hospital’s lawyer about why the certificates stated “paid internship.” The lawyer responded that the MD responsible for this had been removed and an inquiry was conducted against him.

After arguments, the court partially accepted the writ petitions and ordered the hospital administration to pay the petitioners their salaries.