Bombay HC orders MGM hospital to reinstate Radiologist asked to retire by authorities

Mumbai -  The Bombay High Court on Monday directed a city hospital to reinstate a doctor who was asked to stop reporting to work from June 30, despite being the hospital's only qualified radiologist.

While granting relief to the doctor, a bench led by Justice SJ Kathawalla also pulled up Mahatma Gandhi Memorial Hospital for its callous approach amid the COVID-19 pandemic.

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"In view of the current pandemic, the citizens are going through trying times. However, doctors who have served the hospital for several decades, and are ready to continue their services in such difficult times, are being treated in an obnoxious and callous manner by the management of MGM Hospital," the bench said.

The court was hearing a petition filed by Dr Nimish Shah, head of the radiology department of MGM hospital.

As per the order, in August 2018, the Maharashtra government raised the retirement age of Grade A medical officers from 58 years to 60 years, and in July, 2019 to 62 years.

In September 2019, the hospital issued a circular confirming implementation of the state''s August 2019 GR.

However, on June 30 this year, it issued an order stating since the hospital board had been unable to meet in time to approve the implementation of the enhancement of retirement age of its medical officers, those who had attained 58 years of age as on June 30 would have to retire.

The hospital, accordingly, withdrew its September circular.

On Monday, the hospital authorities were unable to provide a reason to the court about why such a board meeting hadn't been conducted in time.

Dr Shah, meanwhile, termed the hospital''s decision to ask him to retire as illegal and malafide, especially since he was the only qualified radiologist in the hospital.

He said in his plea that the state was experiencing high rates of COVID-19 diagnoses and all hospitals were under strain.

The court said, "The picture that emerges from the above facts is also that MGM Hospital and its functionaries are not bothered about the well-being of its patients, and just because the board of management had no time to meet in the last 10 months, the patients have been left without any radiologist in the hospital."

It stayed the hospital circular asking Dr Shah to retire and said he must resume duty immediately.

"Dr Nimish Shah shall forthwith report to the Medical Superintendent of the MGM Hospital, who will allow Dr Shah to perform his duties as a radiologist in the said hospital," HC said.

It directed the hospital to file its reply to the plea by July 8. 

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