No COVID duty during pandemic: HC directs State to split doctor's service in Govt Super Speciality facility, PHC simultaneously

Chennai: Taking note of the fact that the petitioner Postgraduate non-service doctor had not served the COVID-19 duty during the pandemic, the Madras High Court has directed the State to accommodate the doctor in a government super specialty facility as well as in a Primary Health Center (PHC) simultaneously for getting back his original educational certificates.

In order to ensure that the doctor get to serve both the places simultaneously, the High Court bench has directed the State to provide him with duties at both the places by dividing the days in a week.

While taking admission into a PG super specialty course in Kilpauk Medical College, the concerned doctor had surrendered the certificates to comply with the bond terms.

Ordering the doctor to serve in both the super specialty facility and the PHC at the same time, the HC bench of Justice C V Karthikeyan noted, “If the petitioner is ready to give such an undertaking, on the basis of such undertaking, the original certificates may be handed back to the petitioner.”

Also Read: Service rendered by Super Speciality doctors during COVID pandemic can be considered as bond duty, says Madras HC

While considering the matter, the HC bench took note of the submission of the Directorate of Medical Education (DME) stating that “the petitioner had not done the Covid -19 duty and if he had done so, that period could have been treated as bond duty.”

Further the State Government authorities submitted that they had to accommodate the petitioner doctor in a super specialty post and at that time there was no vacancy.

“Though the petitioner was called for counseling, he did not respond, owing to a fear that he might be posted in a post, which is not suitable or equivalent to the qualification, which he had completed,” submitted the Government pleader at this outset.

The HC bench also noted that there will be another round of counseling for the current PG non-service candidates and the petitioner doctor could be accommodated in any of the few vacancies for completing the conditions mentioned in the bond executed at the time of admission, adds DT Next.

Taking note of the submissions, the HC bench observed that the petitioner could be accommodated in those vacancies. 

“If the petitioner is not given posting which is equivalent to the qualification, but is more or less equivalent to his qualification, then let the petitioner be placed in a post where his service will be of help. Let the petitioner also be directed to do service in a Primary Health Centre,” noted the HC bench.

At this outset, the HC bench further observed that a week can be divided with the petitioner for doing his duties in a Super Specialty Department and also in a Primary Health Centre.

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