Emedinews:Insights on Medicolegal issues: Our issues have been in local newspapers for about last 6 months. There has been no result so far. What should we do now

Legal Question of the Day

(Prof. M C Gupta, Advocate & Medico-legal Consultant)

Q. Medical teachers in Gujarat are agitating for the following: 1-Pay according to sixth pay commission or UGC; 2-2. Time bound promotion; 3- Recognition of ad hoc service; 4-Removal of ceiling of pay; 5- Allowance as per Central Pay Commission rates; 6- Transparency in transfers; 7- No extra duties like VIP duties, Jail duties etc.; 8- No transfer to semi government colleges. A Notice was given to the government before going on strike. We have organised two rallies and two mass casual leave events. We have submitted 7 memoranda. Our issues have been in local newspapers for about last 6 months. There has been no result so far. What should we do now?

Ans.

1. Everybody takes doctors for granted. Doctors are often OK with that and hence the practice and suffering continues. A major reason for such continuance is that doctors do not know their legal rights and duties and manage everything themselves without getting legal opinion.

2. I suspect that your notice and memoranda were not drafted by a lawyer and hence the government is sitting pretty over them in the safe knowledge that they can be used against you.

3. It is possible that the HC may issue directions to end the strike either by taking suo moto action or if somebody petitions it. That will leave you nowhere.

4. You should do as follows:

A. Prepare a folder chronicling the developments and documents related to this strike and the previous similar movements over last 4-5 years.

B. Engage a good lawyer, pay him his fee, discuss the case with him, give him a copy of the folder, and ask him to give you legal opinion regarding:

1. Which of your demands are just and how much?

2. What is the next best course?

3. How to avoid a possible HC intervention and order to end the strike.