Madras HC stays transfer of senior government doctors
TNN | Jun 5, 2019, 09.41 AM IST
TNN | Jun 5, 2019, 09.41 AM IST
CHENNAI: Admitting a batch of pleas moved by government medical officers including professors and associate professors of government medical colleges challenging the transfer counselling conducted by the state government, the Madras high court on Wednesday directed the authorities not to disturb their existing posts till June 19.
"There shall be an order of interim injunction restraining the authorities from disturbing the petitioners from the post which they are holding. Notice ordered to the authorities returnable by June 19," said Justice V Parthiban. He passed the interim order while hearing a batch of pleas moved by doctors, including B Saravanapriya and R Siva, seeking interim stay against counselling to transfer 860 government medical officers.
When the pleas came up for hearing, senior counsel for petitioners P Wilson contended that the government was conducting the counselling without guidelines or objective criteria. "As a result, senior qualified doctors are being compulsorily transferred whereas junior, unqualified persons including diploma holders are being retained in the posts contrary to MCI regulations," Wilson added.
Such an irregular process leads to hardships not only for the doctors but also the patients, he said. In Madurai Medical college which is multi-super-speciality hospital, five of nine cardiologists were transferred out labelled as excess, he said.
The petitioners further submitted that the government without completing the process of promoting the assistant professors to associate professor by counselling and filling up the post of principal, medical superintendent and resident medical officers has issued a circular dated May 24 to conduct specialty transfer counselling of medical officers in the cadre of assistant professor/ tutor/ senior resident/ junior resident.
Declaring some of the petitioners as working in excess post is arbitrary and illegal as there cannot be any transfer offending the condition of service of the petitioner as provided under the service rules without following the procedure established by law, the petitioners said.
"There shall be an order of interim injunction restraining the authorities from disturbing the petitioners from the post which they are holding. Notice ordered to the authorities returnable by June 19," said Justice V Parthiban. He passed the interim order while hearing a batch of pleas moved by doctors, including B Saravanapriya and R Siva, seeking interim stay against counselling to transfer 860 government medical officers.
When the pleas came up for hearing, senior counsel for petitioners P Wilson contended that the government was conducting the counselling without guidelines or objective criteria. "As a result, senior qualified doctors are being compulsorily transferred whereas junior, unqualified persons including diploma holders are being retained in the posts contrary to MCI regulations," Wilson added.
Such an irregular process leads to hardships not only for the doctors but also the patients, he said. In Madurai Medical college which is multi-super-speciality hospital, five of nine cardiologists were transferred out labelled as excess, he said.
The petitioners further submitted that the government without completing the process of promoting the assistant professors to associate professor by counselling and filling up the post of principal, medical superintendent and resident medical officers has issued a circular dated May 24 to conduct specialty transfer counselling of medical officers in the cadre of assistant professor/ tutor/ senior resident/ junior resident.
Declaring some of the petitioners as working in excess post is arbitrary and illegal as there cannot be any transfer offending the condition of service of the petitioner as provided under the service rules without following the procedure established by law, the petitioners said.
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