KTH Regulations under MTI Act: PHC stops from adverse actions

Humayun Khan

PESHAWAR: Peshawar High Court (PHC) directed Advocate General (AG) and Government of Khyber Pakhtunkhwa to submit reply in writ regarding changes in service structure of Class-IV employees of Khyber Teaching Hospital (KHT) and stopped from any adverse actions against petitioners, on Monday.

The single of PHC comprised of Justice Shahid Khan ordered AG and Government of Khyber Pakhtunkhwa to submit comments regarding changes in structure along with other affairs of more than 500 Class-IV employees at KTH.

The counsel Khalid Rehman Advocate informed that petitioners serving from 19 years at KTH and were recruited on regular basis but in 2018 amendments in Medical Teaching Institution (MTI) Act has empowered the hospital’s administration to decide the fate applicant’s service.

The counsel argued that KTH has constituted Regulation under amendments 2018 in MTI Act which has placed fate of petitioners’ service at stake because they were recruited on regular seats.

The counsel further added that under Regulation KTH can take any adverse actions against petitioners without any remedy for defense while argued that it is unconstitutional because Article 264 states that rules cannot be changed once employee recruited under prescribed laws and regulations while the petitioners service structure cannot changeable as they working for 19 years on regular basis.

Board of Governors KTH has changed regulation without having fundamental knowledge regarding procedure for changes while these changes should impact petitioners’ pensions along with other affairs, the counsel argued.

PHC’s Justice Shahid Khan ordered AG and Government of KP to submit reply after initial arguments and stopped KTH from taking adverse actions against petitioners while adjourned further hearing.