Change in health law to reduce litigation by MTI employees

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The Medical Teaching Institution Appellate Tribunal Khyber Pakhtunkhwa has started its operations in the province. — AFP/File
The Medical Teaching Institution Appellate Tribunal Khyber Pakhtunkhwa has started its operations in the province. — AFP/File

PESHAWAR: A new amendment incorporated into Medical Teaching Institutions Reforms Act is likely to reduce litigations against the MTI-covered hospitals and medical and dental colleges in Khyber Pakhtunkhwa.

Medical Teaching Institution Appellate Tribunal Khyber Pakhtunkhwa was established in April 2021 to hear cases related to medical teaching institutions (MTIs) and reduce burden on regular courts. Another purpose of its establishment was to fast-track the cases of employees and institutions.

However, an amendment passed by the provincial assembly on Monday last made it mandatory upon aggrieved employees to first contact Grievance Redressal Committee (GRC) at their respective MTI. They can move MTI Appellate Tribunal if they are not satisfied with the verdict of the committee.

Medical Teaching Institutions Reforms Act (MTIRA), 2015, was enacted to provide autonomy to government-owned teaching hospitals and their affiliated colleges in the province.

Many staff members have challenged actions and decisions of teaching institutions

The law is also meant to improve performance, enhance effectiveness, efficiency and responsiveness of teaching hospitals for provision of quality healthcare services to the people of the province.

The MTI-covered institutions are run by respective Board of Governors (BoG). Members of BoG are nominated from private sector and notified by chief minister. These boards have immense powers, including appointment of executives, creation of new posts and abolition of posts which aren’t needed. One-line budget is released by government that is spent by MTIs as per their own requirements.

The employees of MTIs are recruited on contractual basis. They can be terminated by BoG. However, in the past many aggrieved employees went to MTI Appellate Tribunal against their termination and other actions taken against them by the MTI where they worked.

The amendment, according to the architects of MTIRA, was required to introduce a mechanism for addressing grievances of employees at pre-appeal stage and decrease burden on Appellate Tribunal on the one hand and to avoid cost of litigation by the aggrieved employees on the other hand.

MTIRA, passed in 2015, has so far been extended to 11 hospitals and their affiliated medical and dental colleges. The employees of MTIs submit appeals in MTI Appellate Tribunal that delays the processes of new recruitments as well procurements etc in teaching hospitals. “After the amendment, employees will go to the court only in case of their dissatisfaction with GRC’s verdict,” said architects of the law.

The law says that all employees of MTI shall have the right to file an appeal in the manner as may be prescribed by rules, against any penalty, termination of their employment or any order in connection with the terms and conditions of their service to Appellate Tribunal.

However, according to the amendment, any person aggrieved by an order or decision of BoG of an MTI or any other authority within the MTI in connection with matters relating to his/her service as shall before preferring an appeal to the MTI Appellate Tribunal, submit a grievance petition to GRC.

The grievance petition shall be filed within 30 days from the date of the order or decision of BoG or any other authority within the MTI and GRC may allow extension in the limitation period on being cited cogent reasons explaining the delay to the satisfaction of GRC.

The composition and powers of GRC and other related matters shall be prescribed by regulations and any party aggrieved from the final decision of GRC may file an appeal before Appellate Tribunal in the manner prescribed by regulations, the newly-passed amendment says.

It says that no appeal shall lie before Appellate Tribunal unless the aggrieved person has first submitted a grievance petition and the same has been disposed of. Each MTI has GRCs, which ensure fair trial to the employees. Health department will provide support to MTI Appellate Tribunal in cases regarding employees of teaching hospitals and their affiliated medical and dental colleges.

Published in Dawn, February 2nd, 2026

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