CHENNAI: Doctors have no right to abstain from work to protest, the Madras High Court has ruled. However, it asked the government to amicably settle pending issues with doctors. The court was hearing pleas filed by a section of medical practitioners, who had been transferred for staying away from work as part of a protest in October 2019.
The court has set aside the charge-memos and transfer orders. Justice N Anand Venkatesh said that since he had declared that doctors do not have the right to abstain from work for protest, the chances of them doing so again was virtually ruled out. Asking the government to immediately address the issues/demands made by the doctors, the court observed that more the issues are kept pending without any solution, the more it is going to affect the morale of the doctors.
Happy doc, happy patient
The judge then went on to say why it’s important for a doctor to be happy. The love and concern shown by a doctor to a patient plays a major role in recovery. For this to happen, the doctors must be kept happy and satisfied and it is the duty of the government to ensure the same, he said. Either of the parties are not winners or losers in this litigation and this judgment must ultimately go in favour of the larger public interest. This can happen only if both parties come together and find an early solution for the pending issues, HC observed.
The judge said that the action taken by the government by picking and choosing certain doctors and issuing them with the charge-memos and transfer orders, was not done to bring the situation under control, but it was done to warn them that anyone who spearhead such agitations will be dealt with an iron hand.
The court said that as a model employer, the government ought to have followed up and come out with solutions to the demands made by the doctors. Instead of resorting to such a positive step, the government decided to show its might against the office-bearers. There are not many government servants who will willingly spearhead any agitation.
The refusal of the government to withdraw the orders clearly shows that the government wants to send a very strong message to the doctors that no one in future will make any demands in his capacity as office bearers. Hence, the charge-memos and the transfer orders are clearly tainted with mala fides, the court observed. The manner in which the authorities had picked and chosen doctors to issue charge-memos and transfer orders, clearly demonstrated the vindictiveness.
The transfer orders issued against petitioners shall be recalled in the next transfer counselling and petitioners shall be restored to their original position in
the Directorate of Medical Education, the judge added.