IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2009 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU Writ Petition No.32028 of 2006 (O.A.No.2118 of 1998) Tamilnadu Government Ophthalmic Assistants Association, rep. By its State President K.K.Rajan ..Petitioner vs. 1. The Secretary to Government, Health & Family Welfare Dept., Fort St. George, Chennai. 2. The Director of Public Health - Preventive Medicine, Teynampet, Chennai. 3. The Project Director, Tamilnadu State Blindness Control Society, Regional Government Eye Hospital, Egmore, Chennai. ..Respondents Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorari to call for the records relating to the order of the first respondent dt.27.10.97 issued in G.O.Ms.No.531 and quash the same so far as it relates to compelling the Ophthalmic Assistants to bring 10 cases every month for cataract surgeon. For Petitioner : Mr.R.Muthukannu For Respondents : Mr.R.Neelakantan, G.A. ORDER The petitioner is an association of Government Opthalmic Assistants represented by the State President. Aggrieved by the certain directives contained in G.O.Ms. No.531, Health and Family Welfare Department, dated 27.10.97, the petitioner-association filed O.A.No.2118 of 1998 before the Tamil Nadu Administrative Tribunal. The said G.O. came to be issued pursuant to the proposal for forming a National Project for Control of Blindness. The Government in order to enhance the health project regarding the blindness among the https://hcservices.ecourts.gov.in/hcservices/ people, issued a job chart to the paramedical ophthalmic assistants working in the upgraded primary health centres. The Government Order contains the revised job chart. The petitioner-association is concerned about the term No.2 found in the job chart, which is as follows:- "2. Each Para Medical Ophthalmic Assistant should take a minimum of 10 cases every month to the nearby District hospital or Mobile Ophthalmic unit for cataract surgery from among the screened population;" 2.According to the petitioner-association, the paramedical ophthalmic assistants cannot be compelled to bring a minimum of 10 cases to the nearby District hospitals or Mobile Ophthalmic units for doing cataract surgery and it would be next to impossible for such contract being fixed. It is also apprehended that if this clause is not fulfilled, there is likelihood of disciplinary action being taken against the members of the petitioner-association. However, in the O.A., there is no such incident that has been pointed out where disciplinary action was taken against an ophthalmic assistant for not fulfilling the contract fixed in this job chart. Pending the O.A., the petitioner did not have the benefit of any interim order. 3.In view of the abolition of the Tribunal, the matter stood transferred to this Court and re-numbered as W.P.No.32028 of 2006. 4.On notice from the Tribunal, the respondent-State has filed a reply affidavit dated 21.4.1999 and explained the object behind the job chart. Apart from the details of the blindness rate in Tamil Nadu, which is shown as 1.65% more than the national average and 80% of such blindness was due to cataract and the Government had to discharge its duty on a war-footing, it was also pointed out that when private hospitals are doing lakhs of cataract operations without adequate network in field staff, the paramedical staff attached to the Government hospitals are not bringing such patients even though the Government hospitals have been fitted with infrastructure created at huge cost. The reason behind the issuance of the job chart including the condition No.2 was that in many cases, the paramedical staff, after identifying the patients, are diverting them to private hospitals and that should be prevented by the issuance of the G.O. However, in paragraph 16 of the reply affidavit, it was stated that there was no compulsion on the paramedical assistants to bring 10 patients every month without providing facilities for treatment. However, it is also stated that even when full fledged facilities are available, the ophthalmic assistants with their indifferent attitude and negligence have caused poor performance in Government institutions. In response to the allegation of the petitioner- association, in paragraph 18, it was averred as follows:- https://hcservices.ecourts.gov.in/hcservices/ "18. .. it is submitted that no instructions have been issued to compel the patients. It is the duty of the paramedical ophthalmic assistants to counsel and canvass the patients who are foundt o have mature cataract either to hospital or at the time of conducting survey in their jurisdiction. To help the paramedical ophthalmic assistants, the District Programmed Managers in the District Blindness Control Society are ready to provide vehicles or to reimburse the cost of transportation of patients. It was found that a few cases identified by the paramedical ophthalmic assistants were operated by private hospitals. Hence, to avoid unnecessary expenditure to the poor cataract patients in the rural areas and to help the patients to get correct post-operative treatment, the target has been fixed for paramedical ophthalmic assistants. The primary duty of the applicants is deliberately being misrepresented as compulsion. It is submitted that, there is a huge backlog of cataract cases in Tamil Nadu and the private hospitals with limited facilities undertake several thousand cataract operations. Whereas, with good infrastructure, the number of cataract operations in Government hospitals is quite low mainly due to non-cooperation on the part of paramedical ophthalmic assistants." (emphasis supplied) 5.In the light of the stand taken by the respondents, there is no necessity to grant any further orders in this writ petition. Accordingly, the writ petition will stand dismissed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar sra To 1. The Secretary to Government, Health & Family Welfare Dept., Fort St. George, Chennai. 2. The Director of Public Health - Preventive Medicine, Teynampet, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3. The Project Director, Tamilnadu State Blindness Control Society, Regional Government Eye Hospital, Egmore, Chennai 1 cc To The Government Pleader, SR.40940 W.P.No.32028 of 2006 KU(CO) SRA(15/9/2009) https://hcservices.ecourts.gov.in/hcservices/