The Madras High Court Bench on Saturday said it would amount to perjury (violation of oath) if government doctors who seek VRS on health grounds took up a job in any hospital until they achieved superannuation.
The Madras High Court Bench on Saturday said it would amount to perjury (violation of oath) if government doctors who seek VRS on health grounds took up a job in any hospital until they achieved superannuation. Here are the case details:
Justice: Hon. S Vaidhyanathan; Petitioner: Dr. Elizabeth Rajaram (Chief Civil Surgeon-Govt Hospital-Virudhunagar Dst.); Respondent: Tamil Nadu Principal Secretary, Health and Family Welfare Department
Presiding judge, permitted the government obstetrician-gynecologist Dr. Rajaram to retire from service voluntarily on health grounds. He laid the condition that she should not take up a job in any hospital until she reached the age of superannuation. She had sought voluntary retirement,stating acute pain in the spinal cord that made her incapable of performing her duties as an obstetrician.
However, the respondent rejected her plea saying obstetrics and gynaecoloy doctors were not eligible for VRS as they were scarce. The petitioner had not completed the cooling off period of five years after reaching a new pay scale to be eligible for voluntary retirement. Besides, it was also stated that she might join some other hospital after taking VRS. Dr. Rajaram said that forcing her to attend to deliveries, despite her ‘failing’ health, would amount to putting the lives of the patients at risk.
The Judge stated that no evidence had been presented that proved Dr.Rajaram was going to be absorbed elsewhere after VRS. The respondents had not mentioned the name of the private hospital or institution which she was going to join. The general rules would not apply to doctors suffering from health problems. The petitioner does not have courage and confidence in treating patients and undertaking surgical procedures and hence the respondent insisting her to do the work was ridiculous, the Judge said.
A parallel story: Authorities in Barabanki (Lucknow) sealed Dr. Rajesh Verma’s RV Hospital and Trauama Center after they found Dr. Verma an orthopedic surgeon, posted as a government doctor to be carrying out his own private practice and running a hospital without registration. An FIR has been lodged against Dr. Verma after local authorities complained.
When approached by the by the Additional Chief Medical Officer (ACMO) at the hospital, at least 8 patients were undergoing treatment there. Upon being asked as to how he was running a private hospital while on government service, Dr. Verma handed in his resignation. The team could not initiate further action, such as an arrest as they feared a law and order problem would erupt with hospital staff vehemently supporting the doctor in question. Action has been sought against Dr. Verma via a petition submitted by the ACMO and team.
