Offer VRS to doctors with 50 per cent disability: HC

Allahabad, Oct 17 (UNI) The Allahabad High Court has asked the Uttar Pradesh Government to prepare a list of permanent disabled doctors with at least 50 per cent disability from each district and place it before the High Powered Medical Board.

The Court has stated that if the disability of such doctors is found to be genuine then they should be offered voluntary retirement.

A bench comprising Justices Amitava Lala and V C Mishra observed that showing sympathy to doctors at the cost of patients in the attending hospitals would be a misplaced sympathy.

"A doctor has a highly specialised and sophisticated job.

Therefore, if he loses his service, he can continue practicing privately in the manner he so desires, remarked the bench yesterday.

The court observed that ''since it is a highly sophisticated job, there is no dearth of work, but not rendering services to patients at public places and obtaining salary is an offence to the oath of a doctor.'' The court accordingly disposed of a writ petition filed by Dr Anup Kumar -- a native of Ghaziabad district, challenging his transfer order on the ground of 60 per cent disability as per the certificate issued by the Chief Medical Officer (CMO), Ghaziabad in favour of the petitioner on December 19, 2002.

After considering 60 per cent permanent disability, the HC stated that it is a question as to how such doctors will be able to render services to their patients and whether they will be a burden on the state or not.

The Court also stated that a doctor has to be physically fit and mentally alert in all respects. There might be a temporary disablement, which can be cured.

In view of such a disability, the state government can pass the required orders, stalling the transfer for the time being, while, in the rarest of rare cases, the HC can also interfere with the transfer. However, the Judges, in the case of the petitioner, did not interfere with his transfer, stating such an action that the transfer is an incident of service.

UNI XC-ATI VS PB RN1820