Telangana High Court
WP/7397/2006 of Dr.C.L.Venkata Rao, Vs Govt of A.P., Rep by its Principal Secretary, on 26 December 2006
THE CHIEF JUSTICE AND HON'BLE SHRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 7397 OF 2006 Between: Dr. C.L. Venkata Rao ..... Petitioner AND Govt. of A.P. Rep. By its Principal Secretary, Health, Medical & Family Welfare Department, Hyderabad & others. .....Respondents :: O
HON'BLE SHRI G.S.SINGHVI, THE CHIEF JUSTICEAND
HON'BLE SHRI JUSTICE C.V. NAGARJUNA REDDYWRIT PETITION No. 7397 OF2006
Between:
Dr. C.L. Venkata Rao
AND
..... Petitioner
Govt. of A.P.Rep. By its Principal Secretary,Health, Medical & Family Welfare Department,Hyderabad & others.
.....Respondents
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:: O R D E R ::
Counsel for the petitioner : Shri K.G. Ravikanthfor Shri K.G.K. Prasad Counsel for respondent Nos.1 to 7: Shri J. SudheerReddy, Special Government PleaderCounsel for respondent No.8 : None Dated: 26.12.2006
Per G.S.SINGHVI, CJ
The petitioner, who is a practicing doctor and formermember of the Medical Council of India has filed thispetition in public interest for declaring the indefinite strikecall given by Junior Doctors’ Association, OsmaniaGeneral Hospital, Afzalgunj, Hyderabad (respondent No.8) as illegal, arbitrary and contrary to the provisions of theAndhra Pradesh Essential Services Maintenance Act,1971. He has further prayed for issue of a direction torespondent Nos. 1 to 7 and 9 and 10 to take actionagainst the members of respondent No. 8 for neglectingtheir duties by participating in the strike.
During the pendecny of the writ petition, the Courtpassed several interim orders. On 14-04-2006, the Courtdirected the State Government and its functionaries not tosanction leave or regularise the period of strike by themembers of Junior Doctors’ Association, who are employed in government services. Subsequently, thatorder was modified on 17-07-2006 qua Dr. K. Sailaja andseven other Interns- House Surgeons who gave a writtenundertaking not to resort to strike in future. Similar orderwas passed qua other doctors on 27-10-2006 who gave a written undertaking that they willnot resort to strike. It is also borne out from the record thatin furtherance of the directions given by the Court, theState Government evolved a multi-tier mechanism forredressal of grievances of the members of medicalprofession who are employed in government hospitalsand colleges and the students undergoing differentmedical courses. On 15-12-2006, the case wasadjourned at the instance of Dr. K. Rajasekhar, Member,Junior Doctors’ Association.
Today, no one has appeared on behalf of the JuniorDoctors’ Association. Therefore, it is not possible to giveany further direction in relation to the multi-tier mechanismevolved by the Government for redressal of thegrievances of the doctors and students undergoingmedical courses.
With the above observations, the writ petition isdisposed of as infructuous.
As a sequel to disposal of the writ petition as infructuous, W.P.M.P.Nos. 9501, 16984 and 27088 of2006 filed by the petitioner for interim relief are dismissed. All other miscellaneous petitions shall stand disposed ofas infructuous.
G.S.SINGHVI, CJ
C.V. NAGARJUNA REDDY, J
26.12.2006ksld