Doctors’ strike period will not be considered ‘unauthorized absence’

RG Kar Case, Supreme Court, AIIMS, Regularize Absence of Doctors

The Supreme Court provided significant relief to the doctors who went on strike in protest against the rape and murder of a trainee doctor last year at RG Kar Medical College and Hospital in Kolkata. The apex court has directed all hospitals across the country including AIIMS in New Delhi to make rules regarding the absence of doctors during the protests against the incident. Under this, the “unauthorized” absence of doctors during the strike period has been ordered to show the spot regularly, not absent or on holiday.

The Supreme Court also stated that the absence of protesting doctors will be decided on the basis of specific facts and circumstances, and it cannot be taken as an example. In front of the bench of Chief Justice Sanjeev Khanna and Justice Sanjay Kumar, an organization of doctors argued that some hospitals have regularized the absence of doctors after the order of August 22, 2024, but many other hospitals including AIIMS in Delhi have gone on strike. During the time it has been decided to consider absent as a holiday.

CJI Khanna said on this, “If the protesting employees have returned to work after the Supreme Court order, their absence will be considered regular and will not be considered absence from duty. This decision has been issued according to the specific facts and circumstances of the case. ”

The lawyer, appearing on behalf of the doctors’ organization, told the bench that many medical postgraduate students may have difficulty by considering the protest period as a holiday by some hospitals. Solicitor General Tushar Mehta, appearing for the Center, also said that the Center has no objection in the matter, so the hospital will follow the directions of the apex court. Mehta said that AIIMS, Delhi has also decided to consider this period as a holiday of doctors.

The Supreme Court had clarified in the earlier order that no punitive steps would be taken against the doctors protesting. As part of the same order, Kalyani and AIIMS in Gorakhpur and PGI of Chandigarh regularized the absence of doctors, while some other institutions recorded the said period as a leave of doctors. Now all hospitals will have to show the spot regularly in this interval.