LHC orders release of pension benefits for retired doctor

LAHORE: The Lahore High Court has ruled in favour of a retired senior doctor and set aside a federal government decision that had denied him pensionary benefits on the basis that his initial appointment was made on an ad hoc basis.

Justice Muzamil Akhtar Shabir announced the verdict on a petition filed by Dr Rizwan Iqbal, who had challenged a June 4, 2022 letter issued by the Ministry of National Health Services, Regulations and Coordination. Through that letter, the ministry had refused to process his retirement benefits.

According to the case record, Dr Iqbal, an MBBS graduate of Allama Iqbal Medical College Lahore, joined the public health sector in 1986. He served for more than 34 years in institutions including the Pakistan Medical Research Council (PMRC) and later the Pakistan Health Research Council (PHRC).

During his service, he was promoted several times through decisions approved by departmental committees and the Cabinet Division, eventually reaching BPS-19 as research director. He retired in August 2020 on attaining the age of superannuation.

The court noted that although a retirement order had been issued and his provident fund had been paid, the authorities later refused to release his remaining retirement dues, including pension and gratuity. The reason given by the government was that his original appointment had been ad hoc and had never been formally regularised.

Court observations

Rejecting that position, the high court observed that the petitioner had throughout his career been treated as a regular employee. The judgment noted that he had continued to serve against permanent posts and had been promoted to higher grades without any objection from the department.

Justice Shabir also observed that none of the promotion orders suggested that Dr Iqbal’s status remained temporary, and that his promotions had also been endorsed by the Cabinet Division.

The judge described the matter as a peculiar case and held that any flaw in the initial appointment had effectively been cured through later regular promotions and long, uninterrupted service.

Referring to Regulation 14 of the PMRC Service Regulations, the court held that an employee who is otherwise eligible for confirmation cannot be deprived of that status or its benefits merely because retirement takes place before formal confirmation is issued.

Citing Supreme Court precedents, the judge observed that the authorities cannot take advantage of their own lapses in failing to regularise an employee while continuing to benefit from his services for decades.

Jurisdictional objection rejected

The respondents had also raised a jurisdictional objection under the National Institute of Health (Reorganization) Act, 2021. However, the judge held that the law did not apply retrospectively in the petitioner’s case because he had retired before the enactment of that legislation.

Declaring the ministry’s refusal letter unlawful and without legal effect, the court directed that Dr Iqbal’s services be deemed regularised. It further ordered the authorities to process and release all his retirement and pensionary benefits in accordance with law.

With these observations and directions, the petition was allowed.