HC takes a different view of maternity leave for govt. servants

‘Women having more than one kid from first delivery not entitled’

03/03/2020, MOHAMED IMRANULLAH S.,CHENNAI

Taking a view contrary to the one taken consistently by many single judges of the Madras High Court since 2010, the first Division Bench of the court, led by its Chief Justice Amreshwar Pratap Sahi, has now held that women government employees are not entitled to 180 days of paid maternity leave for their second delivery if they had given birth to more than one baby during their first delivery and if all those children were surviving.

Laying stress on the words “with less than two surviving children” found in the Central Civil Services (Leave) Rules of 1972, the Bench, also comprising Justice Subramonium Prasad, said those who had begotten twins, triplets or quadruplets in the first delivery would not be entitled to full paid maternity leave benefits for their next delivery since the intention of the rule makers was to restrict the pecuniary benefits depending upon the number of children and not number of deliveries.

Even otherwise, it is a debatable subject as to whether a delivery in which a woman gives birth to twins or more babies could be technically termed as a single delivery, the Bench said.

“When twins are born, they are delivered one after another. Their age and inter-se elderly status are also determined by virtue of the gap of time between their arrivals which amounts to two deliveries and not one simultaneous act,” the judges said and expressed their disinclination to elaborate any further.

Ruling set aside

The judgment was passed while setting aside an order passed by a single judge on June 18, 2019 for grant of paid maternity leave of 180 days to M. Asiya Begum, a Sub Inspector in Central Industrial Security Force (CISF), for her second delivery in 2017 though she had given birth to twins during her first delivery in 2015. “Without taking note of the rules and the aforesaid facts, the learned single judge appears to have extended the benefit erroneously,” the Bench concluded.

Senior Central Government Standing Counsel K. Srinivasa Murthy pointed out that the single judge had simply followed a series of decisions rendered by three other single judges of the High Court in cases related to State government service rules, which had also restricted the 180 days of paid maternity leave benefit only to women government servants with less than two surviving children. The single judges had interpreted the service rule to mean that women should be accorded the benefit of paid maternity leave for at least two deliveries irrespective of the number of babies delivered.

Otherwise, “it may produce ridiculous results. To cite an example, if during the first delivery, a woman government servant delivers a single child and by the second delivery if she delivers twins or triplets, then should she be disqualified,” one of the judges had asked.

Don’t challenge court order cancelling doctors’ transfers, PMK tells government

Appealing against it will further complicate rather than resolve the issue: Ramadoss

03/03/2020, STAFF REPORTER,CHENNAI

S. Ramadoss

PMK founder S. Ramadoss on Monday urged the State government not to appeal against a Madras High Court order cancelling the transfer orders issued to 135 government doctors who went on strike last October over a range of demands, including a pay raise.

In a statement, Dr. Ramadoss noted that the Madras High Court had cancelled the transfer orders only after making it clear that the doctors in question, who had been seeking the reinstatement of 50% reservation in postgraduate courses for government doctors in Tamil Nadu and higher wages, among other demands, had no right to protest whatsoever.

“The 135 protesting doctors were transferred to far-away places and were given 17B notifications. The doctors approached the Madras High Court, which made a ruling cancelling the transfer orders, observed that the Tamil Nadu government did not handle the issue properly and found merit in the demands raised by the doctors,” Dr. Ramadoss said.

Referring to reports that the State government was planning to appeal against the ruling, he said such a move will further complicate the issue rather than resolve it.

“A government that cares about the welfare of the people should not think of winning in a situation but should focus on ensuring that such a situation doesn’t arise in the future. The court has cancelled the transfer orders after stating that the government doctors don’t have the right to protest. By accepting the Madras High Court’s order, the government can ensure that government doctors don’t resort to protests in future. This will benefit all,” he said.

Perambalur girl to fly to NASA

03/03/2020, KATHELENE ANTONY,PERAMBALUR

B. Soundarya, a B.Sc. Mathematics student at Srinivasan College of Arts and Science, Perambalur district, will soon fly to NASA to take part in an international space science competition after qualifying at the national-level.

Ms. Soundarya bagged a place among thousands of students who wrote the online test.

Ms. Soundarya will be among students who would attend a week-long event at NASA which also includes a tour to the Kennedy Space Centre and a meeting with astronauts.

Delay in hanging shows failure of system: Nirbhaya’s mother

‘I lose hope every day but I stand tall every day’

03/03/2020, PRESS TRUST OF INDIA ,NEW DELHI

Resolute face: Nirbhaya's mother speaking to the media in Delhi on Monday. Sushil Kumar Verma

Delhi gangrape victim Nirbhaya’s mother on Monday said no matter what the convicts did, they would be hanged for their crime, after a Delhi court deferred the execution of the death penalty in the case till further orders.

“This shows the failure of our system. The whole world is watching how justice is being delayed in India,” she told reporters.

It is the third time that the hanging of the four convicts has been deferred.

Nirbhaya’s mother said she “loses hope every day” but the convicts will be hanged no matter what they do.

“I lose hope every day but I stand tall every day. They would have to be hanged. There could not have been a worse case than Nirbhaya but still I am struggling to get justice. The courts are sitting and watching the drama,” she added.

Prision preparation

Delhi’s Tihar Jail authorities had made all necessary preparations for the hanging of the four convicts, officials said on Monday.

“We had made all the necessary arrangements for the execution of the four convicts which was scheduled for Tuesday at 6 a.m. Now, the execution has been postponed and we are waiting for the further order by the court,” a senior jail official said.

“We had checked the ropes. The hangman was called and dummy executions were carried out,” another senior jail official said.

Barring Pawan Gupta, the other three — Mukesh Kumar Singh, 32, Vinay Kumar Sharma, 26, Akshay Kumar Singh, 31, had in the previous weeks moved curative petitions and mercy pleas, all of which were dismissed.

The first date of execution — January 22 — fixed on January 7, was postponed by the court to February 1. But on January 31, the court indefinitely postponed the hanging. On February 17, the court again issued a fresh date for execution of death warrants for March 3.

However, the Delhi government on Monday recommended rejecting mercy petition of Pawan Gupta.

Sources said that the Delhi government made the recommendation just a few minutes after it received the mercy petition from the Union Home Ministry. “The Delhi government has recommended rejecting mercy petition of Pawan Gupta. The file has now been sent to Lt Governor Anil Baijal for his recommendation,” a source said.

TNIC asks Health dept. to provide details of doctor

Ophthalmologist did not pass PG: petitioner

03/03/2020, S. VIJAY KUMAR , CHENNAI

The Tamil Nadu Information Commission has directed the Health Department to respond to a petitioner who sought to know whether a doctor performing eye surgeries at the district headquarters hospital in Perambalur had passed a post-graduate course and registered himself with the Medical Council of India.

After the Public Information Officer and the First Appellate Authority failed to provide complete information sought under the provisions of Section 6 (1) of the Right to Information Act, S. Raja of Alandur in Perambalur district moved the Commission seeking its intervention. He sought details of patients who underwent eye surgeries in the hospital and a copy of the government proceedings permitting the surgical ophthalmologist to perform the surgeries.

He alleged that the doctor in question had not passed the postgraduate course and also not registered with the MCI (now National Medical Commission). State Information Commissioner S. Selvaraj observed that complete information was not provided to the petitioner.

After the Office Superintendent, Office of the Joint Director of Health Services, who represented the PIO, requested 15 days’ time to give the complete details, the Commission directed him to send the reply, including details of patients on whom the doctor performed eye surgeries from the date of his joining service till November 12, 2018, to the petitioner within one month.

University convocation

03/03/2020,CHENNAI

A total of 17,590 graduates will receive their degrees and diplomas at the 32nd convocation of the Tamil Nadu Dr. MGR Medical University on Thursday,  said V-C Sudha Seshayyan. Former ISRO chief K. Kasturi Rangan and former chief of BARC R. Chidambaram will be guests of honour.

Doctors treat 10-year-old girl with pyomyositis

Seven surgeries later, the aspiring dancer is fine

03/03/2020, SPECIAL CORRESPONDENT,CHENNAI

From left, Dr. B. Vijayalakshmi, Dr. Satish Manivel, Dr. V. B. Narayanamurthy, Dr. Lakshmi Prashanth and Dr. Arul Mozhi Mangai with the 10-year-old on Monday. S. R. Raghunathan

A team of doctors of Kauvery Hospital treated a 10-year-old girl, who suffered from pyomyositis, a bacterial infection, and had complications including respiratory failure, acute kidney injury and sepsis.

Lakshmi Prashanth, consultant paediatrician, said the girl, an aspiring dancer, was treated in her native town for an ankle sprain with an above knee plaster cast. “However, five to seven days later, she had excruciating pain, swelling in the right lower limb and high grade fever. When she came to us, her presentation suggested deep vein thrombosis - a clot in the leg. She developed difficulty in breathing and normal urine output stopped. Her heart rate was high and blood pressure low,” she told reporters on Monday.

The girl’s total blood count was 49,000 to 50,000 signalling severe sepsis, she said, adding: “She needed critical care support. She had acute kidney failure. We provided respiratory support and put her on antibiotics.” The girl had certain skin changes suggesting infection in her right leg that was both limb and life threatening, the doctors said.

Plastic surgeons took her up for exploratory studies and found she suffered from severe pyomyositis. Tissues in the muscle around the bones were necrosed. For this, she underwent seven radical surgical procedures to remove the tissues. There was pus in the deep compartment of the leg, she said.

“We do see cases of pyomyositis but not as life threatening and limb threatening as this one. Usually, it occurs in immune-compromised patients such as elderly, HIV positive persons and those under chemotherapy for cancer. This was an otherwise healthy child,” she said.

V. B. Narayanamurthy, senior consultant-plastic surgeon, said that it was important to seek help early in such circumstances. “We have removed dead tissues and have preserved normal ones. She is able to walk now, and we are hoping that the muscles recover.”

Sathish Manivel, senior consultant-plastic surgeon, Vijayalakshmi B., senior consultant-infectious diseases and Sridhar N., senior consultant-intensivist, also spoke.