Enforce ESMA against medicos for jeopardizing health service: Himachal Pradesh HC
28.6.2012 (UNI) Himachal Pradesh High Court has directed the state to enforce Essential Service Maintenance Act (ESMA) if necessary to deal with the striking medical officials in the government run hospitals jeopardizing health service.
Disposing writ petition filed by one Devinder Negi against frequent strikes by Resident Doctors association to ensure smooth delivery of health services to general public at large and admitted patients at IGMC particular Division Bench of HP, High Court comprising the Chief Justice Kurian Joseph and Justice Dharam Chand Chaudhary passed this order.
Hearing the petition here today, Court said the state authorities should take effective steps to prevent the interns in medical profession from resorting to strikes, without making it a contentious issue if it was necessary.
'If any person belonging to the medical profession (doctor on duty) resort to such strikes, depriving the immediate medical attention and treatment to the persons in real need, the state authority should not hesitate to enforce ESMA,' order court said.
'Genuine demands should be accepted immediately without loss of time to prevent any ugly situation and unreasonable demands should be turned down with an iron-hand.' The Court said directing state health secretary to submit report about steps taken within ten days following this order.
The bench also directed the state to formulate a well thought dispute redressal mechanism, whereby the demands of the Resident Doctors Association should be considered by the committee of senior officials.
Till the Government formulates such scheme, it was directed that if the Resident Doctors have any demand, they shall after holding a meeting of their Association, send the demand to the Principal of the IGMC.
The directions were also issued that in case , the interns go on strike by abandoning their duties in the hospital, their internship should get extended by the total period equal to the period for which they went on strike and relevant rules in this regard be amended. The interns should be deprived of all facilities to which they are entitled to during the period of strike if they abstain from work. This would include the stipend payable to them.
Referring about manhandling of doctors by the attendants and public in the hospital during their duty, Court ordered that such incident could not be allowed, moreover doctor should avoid such circumstances if necessary they could take assistance of security guards.
It had been observed by the Court that it is desired from the state to bring out legislation for the prevention of such strikes providing a penal provision therein in line with Karnataka State Civil Services (Prevention of strikes) Act, 1966.
The state may also make a provision if any doctor wants to attend duties during the strike period may be suitably compensated. The state may also announce award to such doctors or employees who work during the relevant strike period. UNI