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Shackles of Bond Service: High Court Comes to Doctor’s Rescue

Shackles of Bond Service: High Court Comes to Doctor’s Rescue

Kolkata:  The Calcutta High Court asked the West Bengal Health department to return original certificates of a medical post graduate student, who has already paid Rs 20 lakh as indemnity bond, by tomorrow.

A division bench comprising justices Dipankar Dutta and Shampa Sarkar said it was reiterating a Supreme Court order that said contractual employees cannot be treated as government employees.

The bench said if anybody has been appointed on contract, he does not become a government employee.

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The court held that since Rs 20 lakh has been paid to the government as per the bond requirement, the IPGMER Dean, Dr A K Das would hand over the original certificates held by the government, to Dr Rahul Bansal by tomorrow.

Bansal, a resident of Moradabad in Uttar Pradesh, did his MBBS from Meerut and later qualified for a Diploma in Psychiatry from the Institute of Post Graduate Medical Education and Research (IPGMER) at the state-run SSKM Hospital here.

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His counsel Arik Banerjee said Bansal had to sign an indemnity bond with IPGMER, according to which he was to either render two years’ service in a state-run hospital or pay Rs 10 lakh each for each of the two years.

Following completion of his Diploma course, Bansal said he was not willing to render the two-year service, as he wanted to pursue further higher studies and sought release of his papers saying that he was willing to pay Rs 20 lakh.

He sought his release in November 2017 from the contract.

Banerjee said that since no steps were taken by the government, Bansal moved the high court.

A single bench of the court ordered release of his papers on payment of Rs 20 lakh.

The government moved an appeal before the division bench claiming that Bansal’s petition was not maintainable before the high court and as a government doctor, he should move the State Administrative Tribunal to seek any relief.

The division bench today held that Bansal’s petition was maintainable as a person on contract cannot be regarded as a government employee and as such did not need to move SAT.

Read also: Despite paying Rs 20 lakh penalty, State retained Certificates: Doctor Moves Court

The bench also directed that if the papers are not returned by tomorrow, Bansal’s lawyer may mention the matter before it on Thursday.


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Source: PTI

6 comment(s) on Shackles of Bond Service: High Court Comes to Doctor’s Rescue

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  1. Good decision, when Dr is paying his bond money. Bond agreement is no more. He has full right to get is originals

  2. It is a lesson to state govt
    Who force for work
    They don’t have guts to provide employment
    Even when the doctors ready to render service
    Enough basic facilities not provided
    Harasssment in the name of bone
    In the name of poor
    This all should stop
    Treat us like any ordinary human being
    Any other profession
    Why only so many restrictions on doctors
    Already medical prifesssion at the lowest ebb in West Bengal
    Now Karnataka want implement West Bengal model
    Hats off to the present speaker
    Ex health minister and congress govt
    To degrading medical profession in Karnataka
    The empire built as medical hub
    Medical tourism euphoria gone

  3. As it is a monetary matter, court should have imposed a fine or penalty or compensation on the director of med education and head of the institute. Had it been a private hospital, court would have pronounced penalty in Lakhs in the same breadth without anybody asking for it.

  4. Good decision. ..
    Clerks and other officers in medical college think hospital is running becoz of them, their inferiority complex. And guide dean and other authority to create problems to students. And sometimes no fraternity brotherhood. Doctor vs doctor. They forget that they were in same situation in past.

  5. It\’s the personal skills and knowledge of subject matters Mr dipankar not superiority attitude of MD n dnb