Transfer of govt docs for striking quashed

Even as he reminded the government doctors that they had no right to go on strike, Justice N Anand Venkatesh noted that the government picking and choosing certain doctors, and issuing them charge memos and transfer order was not to bring the situation under control but to warn them that anyone who spearheads such agitations would be dealt with an iron hand.

Observing that it was clear that the doctors withdrew the agitation on November 1 following assurance from the Chief Minister and Health Minister on October 30 that their demands would be considered, the judge said if action had to be taken for the strike, it should have been against allthe doctors took part.

“The charge memos and the transfer orders that have been issued by the Government, is clearly tainted with malafides. The government have chosen to go only against the office-bearers, and hasty transfer orders have been passed and charge memos have been issued,” he said.

“This was not expected from the government, which should be a model employer. The fact that the government is yet to come out with a solution for the demand made by the government doctors shows that they are more interested in punishing the doctors than finding a solution for their demands,” the judge.

The government pushed the doctors to take the extreme step, and now wants to punish the doctors and warn them against making any demands in future. “This attitude of the government requires a change. The government will have to lend its ears to the demand made by the government doctors and find out a solution rather than spending its energy in punishing doctors. They are too small before the might of the government and therefore, the government, which is a model employer, must use its might and power to find a solution and not to wield a sword,” Justice Anand Venkatesh added.

The court quashed the transfer orders issued by the Director of Medical Education and Director of Medical and Rural Health Services, and directed the authorities to restore the doctors in their original position in the Directorate of Medical Education.

Of the 18,000 doctors who were agitating, the department issued charge memos and transfer orders to 135.