IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 405 of 2008(W) ------------------------ PETITIONER: ------------ DR.SAPHARULLAKHAN ,ASSISTANT SURGEON AND PAEDIRATRICIAN,GOVERNMENT TALUK HOSPITAL KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOLLAM. 4. THE SUPERINTENDENT GOVERNMENT TALUK HOSPITAL, KARUNAGAPPALLY. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 405 of 2008 -------------------------- Dated this the 4th January, 2008 J U D G M E N T The petitioner, who is an Assistant Surgeon and Paediatrician in the Government Taluk Hospital Karunagappally, seeks to highlight an aspect which is prevalent in all Government Hospitals. It would be of general application, and not particularly confined to the Taluk Hospital, Karunagappally. Petitioner contends that there was reluctance on the part of the Superintendents of Government Hospitals to post all Civil Surgeons and Assistant Surgeons for casualty duty. No doubt allocation of work is a matter, which would come within the administrative control of the concerned Superintendent. What is highlighted in the writ petition is a situation in which, some of the Civil Surgeons and other Doctors who are deputed for casualty duty, are required to attend duty for more than 24 hours . If this be the case, in my view, it is a matter for the concerned Superintendent because, it is important that Doctors, who are deputed for casualty duty in Government Hospitals, should not be required to attend duty 24 hours continuously. This will, obviously, have an impact on the concerned Doctor as also on the patients whom they are required to attend. Though under Exhibit P6, it seems that there is no exemption available to Senior Faculty Members from Casualty /Accident/ward duties, W.P ( C) No. 405 of 2008 2 according to the petitioner, senior members of the staff are not allotted to Casualty/Accident/ ward duties. Therefore, this will tremendously increase the burden on persons like the petitioner. After having perused the averments in the writ petition, learned counsel for the petitioner and the learned Government Pleader, I am of the view that the aspects highlighted in Exhibits P7 and P8 require emergent consideration by the Government. In circumstances of the case, it will be appropriate for the petitioner to file a fresh representation before the Government. If the petitioner files such a representation, within two weeks from today, the 1st respondent shall bestow serious attention on the same and after calling for remarks from the 2nd respondent, take appropriate remedial action at the earliest, at any rate, within one month from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 405 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 405 of 2008 2 25th May, 2007