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| Striking doctors to receive salaries : Govt | | |
New Delhi, Aug 21 The Supreme Court today closed the contempt of court proceedings against Union Health Minister Anbumani Ramadoss and Health Secretary P K Hota after the Government informed the court that the salaries of the doctors, who participated in the anti- reservation strike would be released immediately.
A division bench comprising Justice Arijit Pasayat and Justice Lokeshwar Singh Panta, however, directed the Government to file an affidavit within two weeks stating therein who are the persons responsible for non-payment of salary to the doctors despite the orders of the court, dated July 17 and why the contempt proceedings were necessitated to get the salaries released for the period between May 14- May 30, when the medicos were on a nation-wide strike protesting against the Government's decision to provide 27.5 per cent reservation to OBCs in admission to educational institutons and the health services were totally paralysed.
The court also sought the details of action contemplated or taken against those responsible for non-payment of salaries to the striking medicos.
The court in its order dated May 31, had directed the medicos to immediately call off their strike and restore health services, keeping in view the sufferings of the patients who were entitled to timely medical treatment as "right to health" is inseparable from "right to life" guaranteed under Article 21 of the Constitution.
The Government has taken the stand that the principle of "No Work, No Pay" was applicable in the case of the doctors and hence, there were not entitled to their salaries for the period they were on strike.
Additional Solicitor General Gopal Subramanium told the court that the salary for the striking period shall be immediately released.
The court also took exception to the notings made by Deputy Secretary, Government of India, saying this order shall not be treated as a precedent for the future and made it clear that this court never said it in its any order and it was none of the business of the government officers concerned to add words to the orders of the court. The court also took note of the fact that no explanation has been offered why there was a delay of more than one month and why, this contempt of court petition was necessitated to seek the release of the salaries.
The petitioners, Resident Doctors' Association (RDA) od AIIMS and Maulana Azad Medical College (MAMC), had alleged in their petition that Mr Ramadoss and Mr Hota were guilty of the offence of deliberate and willful disobedience of the courts orders.
The court also expressed its surprise when told that Cabinet decision was required for release of the salaries, the court said; "It is surprising, that a Cabinet decision was required despite the orders of the Court." |
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