PHC suspends transfer orders of chief nursing superintendent, nurse

Lawyer says orders issued because they protested against MTI reforms act

PESHAWAR: A division bench of Peshawar High Court suspended the transfer orders of the chief nursing superintendent and a senior nurse of Lady Reading Hospital on Thursday. It sought replies from the hospital’s board of governors. The two-member bench, comprising Justice Waqar Ahmad Seth and Justice Musarrat Hilali, which heard the case also sought a reply from the Khyber-Pakhtunkhwa health secretary.

During the hearing, the petitioners’ counsels – including Shamail Ahmad Butt – said chief nursing superintendent Shehzadi Jamila and senior nurse Gulshanara had been transferred to Haripur and DI Khan, respectively.

According to Butt, the transfer orders were issued because both Jamila and Gulshanara had protested against the implementation of Medical and Teaching Institutions (MTI) Reforms Act while the Essential Services Act (ESA), 1958 was implemented at hospitals.

Butt argued the chief nursing superintendent and senior nurse could not be transferred under the ESA. He added the high court issued stay orders in several cases of a similar nature.

The bench also ordered all such petitions should be clubbed together.

After hearing the arguments, the bench suspended the transfer order and issued notices to the respondents to submit their replies.

Rewind

On February 16, the high court stayed transfer orders given to employees at hospitals under the ESA.

A bench, comprising Chief Justice Mazhar Alam Miankhel and Justice Irshad Qaiser, was hearing a writ petition filed by paramedics association president Jauhar Ali, Roidad Shah, Mujahid Azam and 20 other employees. The bench sought a reply from the boards of governors of both Lady Reading and Khyber Teaching hospitals.

Employees at LRH and KTH were transferred after they protested against the MTI act. 

Published in The Express Tribune, March 4^th, 2016.