Federal government hospitals : SHC asks chief justice for a bigger bench

Petitioners fear that after devolution, their perks will be withdrawn.

KARACHI:

The Sindh High Court (SHC) requested the chief justice for a bigger bench to hear a constitutional petition filed by the workers of three federal government hospitals.

On Thursday, a division bench, comprising justices Muhammad Athar Saeed and Aqeel Ahmed Abbasi, heard the petition. Earlier, the petitioner’s lawyer, Asim Mansoor Khan, opposed the transfer of the National Institute of Cardio Vascular Diseases, National Institute of Child Health and Jinnah Postgraduate Medical Centre to the provincial government.

He said that these three institutions are not only hospitals providing healthcare and treatment but are also the highest seats of learning in the medical profession, i.e. postgraduate training for doctors. During his arguments, the lawyer disclosed that these three institutions have employees from all four provinces on the basis of a quota. In case of devolution, the rights, perks, privileges and other facilities given to them would be affected, he argued.

Opposing these arguments, Sindh Additional Advocate General Adnan Karim Memon questioned the jurisdiction of the SHC to hear the petition. He said that the petition seeks orders against the 18th Amendment to the Constitution, which was passed by parliament unanimously.

Parliament formed a committee to ensure that different ministries are devolved to the provinces, he said. He argued that this court cannot interfere in the constitutional mechanism. Dismissing the petitioners’ fears, he said that the employees will receive the same benefits and perks according to their posts in the organisation.

The bench observed, however, that the issues raised by the petitioner employees are of a “sensitive nature” and require consideration. It referred the case of the chief justice of SHC.

Published in The Express Tribune, July 1^st, 2011.