MUMBAI: Bombay high court on Monday directed the Mahatma Gandhi Memorial Hospital at Parel to immediately take its only qualified radiologist back on duty.
The hospital is managed by tripartite trust under the Employees State Insurance scheme. Its board of management comprises representatives of the state government, ESI Corporation and Mill Owners’ Association.
The direction by a bench of justices Shahrukh Kathawalla and V G Bisht came on a petition by Dr Nimish Shah, head of the department (Radiology), who moved high court after he was relieved from service with immediate effect on June 30.
According to Shah's petition, he obtained a degree of MD (Radiology) from KEM Hospital in 1987 and joined Gandhi hospital in 1990. He was promoted as HoD in 1996. The state government in August 2018 raised the retirement age of grade A medical officers to 60 years and in July 2019 to 62 years. On September 19, 2019 the hospital issued a circular confirming implementation of the state's August 2019 GR. But on June 30, 2020 it issued an office order that mentioned that since the meeting of the board to decide enhancement of superannuation age of its doctors was not conducted, the management on February 3 had decided to retire medical officers and specialists who attained the age of 58 years and accordingly the September 19 circular was withdrawn.
Shah's petition, filed through advocate Atharva Dandekar said the June 30 order is "illegal, mala fide, invalid and contrary" to the state's two GRs. It stated that the hospital has failed to consider that Shah is the only qualified and senior-most radiologist in the hospital. Shah's petition also said the State "is currently experiencing high rates of Covid -19 diagnoses" and the public and other hospitals are under great strain and patients are finding it difficult to obtain medical attention. "The Department of Radiology is vital in the process of diagnosis of Covid-19 as well as various other ailments from which patients may suffer," his petition added. Shah urged the HC to quash and set aside the June 30 order and for a stay pending hearing and disposal of his petition.
At the hearing, the judges spoke to superintendent Dr Shankar Revankar on videocall and questioned how Shah was terminated just because the board's meeting had not taken place. To their query, Revankar replied that there is no radiologist and the work is being done by resident doctors.
However the judges were firm that Shah should be taken back immediately. While the Revankar sought time, the judges posted the matter after a week. They then directed that in the meantime, the hospital will take Shah back with "immediate effect and assign him to work."
The hospital is managed by tripartite trust under the Employees State Insurance scheme. Its board of management comprises representatives of the state government, ESI Corporation and Mill Owners’ Association.
The direction by a bench of justices Shahrukh Kathawalla and V G Bisht came on a petition by Dr Nimish Shah, head of the department (Radiology), who moved high court after he was relieved from service with immediate effect on June 30.
According to Shah's petition, he obtained a degree of MD (Radiology) from KEM Hospital in 1987 and joined Gandhi hospital in 1990. He was promoted as HoD in 1996. The state government in August 2018 raised the retirement age of grade A medical officers to 60 years and in July 2019 to 62 years. On September 19, 2019 the hospital issued a circular confirming implementation of the state's August 2019 GR. But on June 30, 2020 it issued an office order that mentioned that since the meeting of the board to decide enhancement of superannuation age of its doctors was not conducted, the management on February 3 had decided to retire medical officers and specialists who attained the age of 58 years and accordingly the September 19 circular was withdrawn.
Shah's petition, filed through advocate Atharva Dandekar said the June 30 order is "illegal, mala fide, invalid and contrary" to the state's two GRs. It stated that the hospital has failed to consider that Shah is the only qualified and senior-most radiologist in the hospital. Shah's petition also said the State "is currently experiencing high rates of Covid -19 diagnoses" and the public and other hospitals are under great strain and patients are finding it difficult to obtain medical attention. "The Department of Radiology is vital in the process of diagnosis of Covid-19 as well as various other ailments from which patients may suffer," his petition added. Shah urged the HC to quash and set aside the June 30 order and for a stay pending hearing and disposal of his petition.
At the hearing, the judges spoke to superintendent Dr Shankar Revankar on videocall and questioned how Shah was terminated just because the board's meeting had not taken place. To their query, Revankar replied that there is no radiologist and the work is being done by resident doctors.
However the judges were firm that Shah should be taken back immediately. While the Revankar sought time, the judges posted the matter after a week. They then directed that in the meantime, the hospital will take Shah back with "immediate effect and assign him to work."
Coronavirus outbreak
Trending Topics
LATEST VIDEOS
More from TOI
Navbharat Times
Featured Today in Travel
Get the app