2014 PLP 1474 (MLD)

MALIK MANZOOR HUSSAIN, J.

Dr. Anam Fareed petitioner seeks the constitutional jurisdiction of this Court praying for:-- "That on acceptance of this writ petition to direct the respondent to grant monthly stipend to the petitioner since her admission as "house officer" in Ayub Medical Complex, Dental Department, Abottabad till completion of her training as per rules".

2. The brief facts, as per contents of writ petition, are that the petitioner being qualified and eligible was admitted as House Officer on 18-2-2013 in Ayub Medical Complex Dental Department, Abbottabad as trainee for the purpose of her compulsory 'house job training', that as per rules, the House Officers are granted monthly stipend but the petitioner is being denied by the respondents and despite repeated requests the same has not been paid so far, hence, the instant petition.

3. Arguments heard and record perused.

4. A perusal of record would reveal that the petitioner was admitted as House Officer on 18-2-2013 in Ayub Medical Complex, Dental Department, Abbottabad as trainee for the purpose of her compulsory house job training and worked as such since her completion period but no stipend so far been paid by the respondents to her. The respondents were put to notice who filed comments, wherein they claimed that since the petitioner graduated from public sector Medical College and not from Ayub Medical College, thus, not entitled for any house paid job. They further reiterated that only medical graduates from Ayub Medical College were entitled to paid job. Reference was made to the relevant rule of PM&DC, which was reproduced in para 7 of comments. For the sake of convenience, the same is reproduced as under:-- "All public and private Institutions will be responsible to provide a paid house job to their graduates and any graduate of any other college doing house job/foundation year in the institution. Honorary house job in special circumstances will also be allowed in approved public sector hospitals if an applicant and a hospital so desires".

5. From the bare perusal of relevant rules, it is manifest that all institutions would be responsible to provide paid house job not only to their own graduates but also to the graduates of any other college(s) during the house job in the institution. Ayub Medical Institution i.e. the respondents comes within the definition of institution and Rules of PM&DC are applicable squarely to the institution of respondent, which has binding force. All the Medical Institutions are being run by the rules framed by PM&DC and when a mechanism is provided thereby, the same cannot be flouted. Even otherwise it is not appealable to a prudent mind that for a full one year, a medial graduate renders his services day and night and he is not paid a single penny, while the other graduates, similarly placed, are being paid from the institution.

6. There has been no difference in public and private sector in the referred rule, rather the word used is any graduate of any other college doing house job in the Institution. Thus, the respondents were responsible to provide a paid house job, which they failed and the denial of the same is not supported by any provision of law, rather against the relevant PM&DC rules.

7. In view of what has been observed above, this petition is allowed and petitioner is held entitled to the grant of monthly stipend for the period of her house job. AG/345/P Petition allowed.