The Supreme Court took strong exception to the Government's decision not to release salary of the doctors who took part in an anti-quota stir.
NEW DELHI: The Supreme Court on Wednesday took strong exception to the Government's decision not to release salary of the doctors who took part in an anti-quota stir, saying it should act like a model employer.
"What is this Mr Vahanvati (solicitor-general)? The Government says something at one point in time and... when Government came on May 29, you were on your knees. After the strike is over, you say no work no pay," a Bench of Justice Arijit Pasayat and L S Panta observed.
The court said at the time of passing the order, the Government had said no action whatsoever would be taken against the doctors and that it simply wanted them to resume work as patients were suffering.
The court said but for the assurance given by the Government it would have an passed order on this point also.
The court wondered if the concept of 'no work no pay' was not known to the Government till May 28 and observed that it was not expected from the Government.
"Ask your government to be a model employer," said the bench. The court ordered the doctors' absence from work shall not be taken note of for the purpose of their completion of training and internship and appearance in post graduate examination.
The court fixed July 17 to hear the doctors' plea after Solicitor General G E Vahanvati sought time to seek instructions from the government on the question of releasing the salary for the strike period (May 14 to June 3).
Complaining that the Government was taking punitive action against doctors who took part in anti-quota stir, Resident Doctors Associations of AIIMS and Maulana Azad Medical College had moved the court on June 30.
They had also sought the leave of internship and residency during the strike period from May 14 to June 3, be condoned so that they were not rendered ineligible to appear in the coming P G Entrance examinations.
The Government was taking punitive action against the doctors despite an assurance to the contrary, they said urging the court to direct the authorities to withdraw all other punitive actions like leave deduction and break in service.
They drew the court's attention to the assurance given by the Prime Minister on May 28 that no action will be taken against the agitating students, interns and resident doctors in any form as regards service break, termination, pay deduction, legal notice etc.
Thereafter, a similar assurance was given by the Additional Solicitor General to the court on May 31, they pointed out the court had ordered "in case the strikes etc. are called off, as directed, we are very sure the Government shall appropriately consider the feelings of the doctors or the students and shall not take any punitive action for whatever has been done till the strikes etc. are called off."
An AIIMS office note dated June 6 had stated the doctors may be released salary but on June 12 the Ministry of Health asked AIIMS Registrar to apply "no work no pay" rule.
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=spacer}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}