Doctors strike is illegal, says Madras HC, but quashes Tamil Nadu government's charge memos
As a model employer, the government ought to have followed up and come out with solutions for the doctors.

Published: 28th February 2020 10:30 PM

Madras HC

By PTI

CHENNAI: The Madras High Court on Friday ruled strike by doctors was illegal but quashed charge memos and transfer orders issued to over 100 Tamil Nadu government doctors who spearheaded a stir in October last year, holding the action against them was clearly tainted with malafides.

Referring to various judgements of the Supreme Court, Justice Anand Venkatesh said a conspectus of them would exposit the unanimity in judicial opinion that strikes by doctors is, ex-facie, illegal and without any justification.

"In the absence of a legal or even a moral or equitable right to go on a strike, the logical corollary is that any form of strike is necessarily illegal and without any legal or moral justification. The harm that befalls patients on account of strikes (by doctors) is unfathomable," he said.

He passed a detailed order on a batch of petitions by 118 doctors, who are office-bearers of government doctors associations, challenging the charge memos and the transfer and posting orders issued after the state-wide strike.

The agitation was launched after failure of their repeated efforts to settle amicably their demands, including pay revision, 50 per cent service quota in post-graduate and super specialties courses and time bound promotions.

Justice Venkatesh, who went into several issues, including whether the doctors have the right to go on strike and if the impasse could have been avoided through effective steps by the government, stressed they cannot resort to such agitations at the cost of patients.

By using strikes to resolve issues doctors, like lawyers, forget the moral worth and dignity of patients and leave them in the lurch unmindful of the humanitarian consequences that ensue from their actions.

"Patients cannot be a means to an end. They cannot be mere playthings whose lives can be put on the line to achieve other ends through the medium of strikes," he said.

He noted that over 18,000 doctors went on strike and the action of the government in picking and choosing sections among them was to warn that anyone who leads such agitations will be dealt with iron hands.

The doctors had called off their six-day long strike, pressing various long-pending demands, and resumed duties on November 1, 2019 in response to appeals by the state Chief Minister and the Health Minister, the Judge said.

As a model employer, the government ought to have followed up and come out with solutions for the doctors.

Instead of resorting to such a positive step, it decided to show its might against the office-bearers, who are in the ranks of Assistant Professors and Senior Resident Doctors, the Judge said.

Tracing the genesis of the issue, he said even the high court had taken into consideration the seriousness and directed the government to come up with a final decision by February 16, 2019.

This did not happen and there was no progress.

Subsequently a representation was given by the doctors' apex body drawing the government's attention and it was indicated they will go on a one-day two-hour boycott without affecting the emergency service.

Thereafter, the Health Minister convened a meeting on August 27, and some assurances were given.

But, there was no movement forward, they resorted to the strike from October 25.

The Judge said the government ought to have given top priority for certain demands made by the doctors and some final solution must have been reached.

Quashing the charge memos and transfer orders, he said the doctors who spearheaded the agitation were not instigating or conspiring or inciting an unlawful act.

"They are merely the representatives of the entire body of the government doctors. They should not be assigned the role of a villain and singled out and dealt with in such a harsh manner," he said in the order.

The action was clearly tainted with malafides and if any measure had to be necessarily taken for the strike, it should have been taken against all doctors who participated in it.

Advising the government that it should not act like a king but to show motherly affection on the doctors who work for the welfare of the patients, the Judge directed it to address their demands at the earliest.

Five months after Subhasri's death, illegal banners are back in Chennai

The city corporation has filed only 15 complaints of illegal banners since October.

Published: 27th February 2020 06:42 AM |

By KV Navya

Express News Service

CHENNAI: Five months since 23-year-old Subhasri died after an illegally erected banner fell on her, officials and the public seem to have forgotten the issue. Since October 2019, only 15 complaints have been filed regarding illegal banners, and no fines have been collected so far. This is in sharp contrast to the 206 complaints filed in September, in the immediate weeks after Subhasri's death that caused widespread uproar.

While the officials argue that there are not much illegal banners in the city anymore, in reality, banners and flagpoles for birthdays, weddings and political events have once again started to crop up in large numbers in the city.

On Wednesday, Express witnessed a number of flagpoles erected on roads in a locality at Vadapalani where a political leader's family function was taking place. People living in different parts of the city also said the banners and flagpoles are frequently being erected in their area. When queried by Express, the corporation officials said they have not given permission to anyone to erect banners or flagposts since Subhasri's death. Hence all the banners and flagposts found in the city are illegal.

"Almost every week, either banners or flagpoles are erected on the Tiruvottiyur High Road. The iron rods are rusted and post a major risk of accidents on the busy stretch. Political flagpoles increased in the last three months with the civic body turning a blind eye to it," said A Venkatesh, a resident of Old Washermenpet.

T Vidhya, a resident of Iyyappanthangal, said, "Banners are also common near Sri Ramachandra Nagar in Porur and the Integral Coach Factory (ICF) road in Ambattur. It seems like the ban on banners was only for a few months as they are now back in full swing."

The punishment for illegal banners could range from a fine of Rs 5,000 to imprisonment, or both.

Concurring, V Gopalakrishnan, a civic rights activist added that the plastic wreaths by political parties put up on either sides of the roads too are illegal. "Apart from this, so many permanent hoardings are put up near Valasaravakkam and KK Nagar. Repeated complaints to the civic authorities went in vain."

Responding to the issue, a senior corporation official said, "We have taken note of the issue. All the major political parties have filed affidavits in the court saying they will not be erecting political banners and flagpoles. If found violating, it will be taken into cognizance and report henceforth shall be filed by the GCC to the Madras high court. The ban also applies to other public who erect banners for birthdays and weddings."

Juvenile held for circulating rumour about COVID-19

28/02/2020, S. PRASAD,CUDDALORE

Irked over a meat stall owner seeking the return of his money, a juvenile who posted a damaging message on WhatsApp against the stall was arrested by the Neyveli Thermal police on Wednesday night.

The minor posted that a resident of Block 21 in Neyveli, who had purchased chicken from the stall had fallen ill and tested positive for COVID-19.

The message vent viral and resulted in a dip in sales over the past few days.

On Wednesday, A. Fakrudin Ali Ahamed, owner of a chicken stall, lodged a complaint with the Neyveli Thermal Police alleging that the minor had been spreading rumours through WhatsApp against his stall.

Based on the complaint, the police arrested the juvenile and a case was booked against him under Sections 505 (2) of IPC. ndian

Retired judge to dispose of properties of mentally challenged man adopted by HC
28/02/2020, LEGAL CORRESPONDENT,CHENNAI

The Madras High Court has appointed its former judge K. Chandru as a Commissioner to sell vast properties belonging to 40-year-old mentally challenged Manoj Rajan whom the court had adopted in August 2016 by invoking the doctrine of loco parentis (in the place of a parent) since many had tried to cheat him after the death of his parents.

Justice P.N. Prakash, who had been following up the case of Mr. Rajan for the last four years by keeping him under foster care at Madurai-based MS Chellamuthu Trust and Research Foundation run by reputed psychiatrist C. Ramasubramanian, had appointed Justice K. Chandru to dispose of the properties and use the money to take care of him.

It was during the hearing of a petition alleging abduction of Mr. Rajan that Justice Prakash learnt about the mentally challenged man who had lost his mother at the age of 14. His wealthy father had got him married at the age of 29 but the wedlock did not last long as the woman decided to part ways and obtained divorce on mutual consent after citing his illness.

However, after Mr. Rajan’s father death in 2013, his former wife abducted him with the assistance of her associates and got remarried solely with the intention of grabbing the properties. However, a family friend rescued him and filed a case in court leading to Justice Prakash ordering a CB-CID inquiry.

Finding that a huge gang was waiting for an opportunity to usurp the properties of the hapless individual whose life could be at risk if the court does not step in to safeguard him, the judge ensured his safety handing him over to the trust in Madurai where he had developed a lot of skills over the last four years through the intervention of trained personnel.

HC orders departmental inquiry into medical negligence case

The case pertains to the death of a 22-year-old pregnant woman in Madurai

28/02/2020, STAFF REPORTER,MADURAI

Taking a serious view of dereliction of duty on the part of a health official and an Inspector of Police in a case of medical negligence, the Madurai Bench of the Madras High Court on Wednesday directed departmental action against them.

The court was hearing the petition filed by S. Manimuthu of K. Pudur in Madurai, seeking compensation for the death of his 22-year-old pregnant wife M. Sakthikali in September last year due to medical negligence.

With the authorities concerned pointing fingers at each other for serious lapses, Justice Pushpa Sathyanarayana, who had earlier asked why the reasons for the woman’s death were not informed to the petitioner, observed that the officials were liable for the lapses.

The court directed the Deputy Director of Health Services, Madurai, to initiate departmental inquiry against the Government Rajaji Hospital (GRH) Multipurpose Health Supervisor/ Birth and Death Registrar. Similarly, the Madurai Commissioner of Police should initiate departmental inquiry against the Inspector of Police, K. Pudur, the court said.

The court directed the Madurai Commissioner of Police to hand over the investigation in the case to another Inspector, who should conduct the investigation as expeditiously as possible.

Taking cognisance of a government order issued by the Health and Family Welfare Department in 2018 on the rules prescribed for the minimum facilities of clinical establishments, which included staff and equipment, the court directed strict compliance of the rules.

If the required facilities were not available in any hospital, the officials concerned should not wait for the patient to reach a critical condition and then refer her to the District Headquarters Hospital or other hospitals where facilities were available.

After administration of first-aid, such patients should be referred to hospitals where necessary facilities were available with necessary caution, the court said, and directed the State to issue circulars in this regard.

In his petition, Mr. Manimuthu had said that his wife was admitted to K. Pudur Urban Primary Health Centre (UPHC) for her first delivery. After a check-up, the duty doctor assured him of a normal delivery and left the clinic. Within minutes, his wife experienced labour pain, he said. There was no one to attend to her for hours except a nurse. Also, there was a delay in referring her to the GRH. A commotion ensued at the UPHC with the staff unable to deal with the situation. Later, his wife lying in a pool of blood, breathed her last, he said.

It was only after the intervention of the court that the death certificate was handed over to the family of the deceased. The court adjourned the case till the first week of June for hearing the progress of the departmental action against the two officials.

TASMAC employees seek regularisation of job

28/02/2020, STAFF REPORTER,MADURAI

Up in arms: Members of Tamil Nadu Government TASMAC Employees Union staging a demonstration in Madurai on Thursday. R. Ashok R_ASHOK

Members of Tamil Nadu Government TASMAC Employees Union staged a demonstration here on Thursday, demanding regularisation of their service.

The protesters, led by Union State general secretary R. Gopinath, said that the employees were working for a consolidated pay for the past 17 years. They also demanded that the practice of District Managers undertaking inspection of units in other districts must be stopped. “This has resulted in corruption and harassment of employees,” said Mr. Gopinath.

“In Chennai, banks deploy vehicles every day to collect money from TASMAC units. This practice has to be followed in other districts too to ensure the safety of the employees,” he said.

The protesters also said that they wanted a transparent system that would be free from corruption.

Governor appoints convenor for search panel

28/02/2020,CHENNAI

Governor Banwarilal Purohit, who is also the Chancellor of the University of Madras, appointed Jagadeesh Kumar, V-C of Jawaharlal Nehru University, as the convenor of the V-C search panel of Madras University.