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| DB directs Principal Secy.H&ME & DHS to relieve surplus staff within 15 days | | PIL Highlighting Shortage Of Doctors In Rural Areas | |
Jammu, April -12-2019-(JNF):- Division Bench of the State High Court Jammu Wing comprising Justice Dhiraj Singh Thakur and Justice Sindhu Sharma in a significant order has directed Commissioner / Secretary to Govt. of Jammu & Kashmir, Health & Medical Education Department and Director Health Services Jammu to relieve the Surplus Staff and to deploy them within a period of 15 days i.e. upto 28th April, 2019. The Division Bench further directed that in case of non – compliance , the Director Health Services, Jammu shall be personally held responsible and no salary shall be paid to the surplus staff after 28th April 2019.
These Court directions were passed in the Open Court today by the Division Bench headed by Justice Dhiraj Singh Thakur in a Public Interest Litigation filed by a renowned RTI Activist Mr. Balwinder Singh seeking directions to the State Govt. to provide duly sanctioned staff in all the Health Institutions in Jammu Province as more than 184 Health Institutions ( PHCs, NPHCs, CHCs, Sub-District Hospitals, District Hospitals/ Emergency Hospitals etc.) are lacking the staff including the Medical Officers/Consultants/ Specialists and Para Medical Staff.
After hearing Advocate Sheikh Shakeel Ahmed with Advocates Rahul Raina, Supriya Chouhan and Mohd. Zulkernain Choudhary, appearing for the petitioner whereas Sr.AAG H.A. Siddiqui appearing for the State Govt., the Division Bench headed by Justice Dhiraj Singh Thakur further issued directions to the Director Health Services Jammu to file a Status Report with regard to the efficacy and utility of 15 Evening Clinics operating in Jammu City. The Division Bench further directed that in the Status Report to be filed within three weeks the DHS Jammu shall disclose the complete detail of the doctors including Para Medical Staff working in these Evening Clinics ever since their establishment. The DB further directed that the doctors who have completed two tenures of 02 years each shall be moved out from the Evening Clinics and shall be posted appropriately at the places where their services are required for the patient care.
Sr.AAG H.A. Siddiqui while referring to the Status report filed by Principal Secretary, H&ME, filed on Feb. 22, 2019 submitted that information in tabulated form has revealed that in Jammu District, there are 49 surplus staff whereas in Doda there is 12, Kathua -15, Kishtwar-08, Poonch -05, Rajouri -12, Ramban-13, Samba -05, Reasi -03, Udhampur -05. Sr. AAG H.A. Siddiqui further submitted that as on 22nd Feb. 2019, overall sanctioned strength of Medical Officers, Consultants, Sr. Consultants, Dental Surgeons and Consultant Dentistry is 2163 whereas the doctors in position are 1709 and vacant positions are 454.
Mr. Siddiqui further submitted that recently State Govt. appointed more than 950 Medical Officers and services of more than 450 doctors were terminated as they failed to join within the stipulated period. Upon this , the Division Bench directed the State Govt. to file a status report indicating the present position of the vacancies existing as on date.
Looking into the seriousness of the matter, the Division Bench directed that the Principal Secretary, H&ME, Govt. of Jammu & Kashmir, and Director Health Services Jammu shall file a compliance report with regard to the directions passed today. The DB further directed the Registry to renotify the instant PIL on May 13, 2019.
While parting with the order in the instant PIL, Justice Dhiraj Singh Thakur for the Division Bench in the Open Court, observed that the Division Bench will constitute a Committee of 03 Members as per the directions of the Apex Court dated : 31.10.2016, in PIL titled “Vichar Kranti Manch International V/s. State of J&K” as to whether the Private Practice of Doctors should be banned or not. The DB further observed in the open Court that the detailed order in this regard will follow. JNF |
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