Consider regularization of 2 doctors: CAT

Jammu: In a significant decision, the Central Administrative Tribunal (CAT), Jammu Bench, has directed the Health & Medical Education Department of Jammu and Kashmir Union Territory (JKUT) to consider the regularization of services of two doctors engaged during the Covid-19 pandemic.
The tribunal Central Administrative Tribunal (CAT) comprising Rajinder Singh Dogra (J) and Ram Mohan Johri, was hearing the Original Application filed by Dr. Abbas Ahmed and another applicant, who served as dental surgeons in District Ramban during the pandemic. The applicants sought regularization of their services and the release of their unpaid salaries.
The bench directed the department to evaluate the applicants' cases in light of the judgment by the High Court of Madras in Dr. R. Venkattaraman vs. State dated November 9, 2022. The department was further instructed to release the unpaid salaries of the applicants within eight weeks if they met the criteria established by the precedent.
The Covid-19 pandemic, declared by the World Health Organization on March 12, 2020, strained health systems worldwide. In India, the Government initiated several measures to combat the health crisis, including the engagement of medical professionals under the Covid-19 Emergency Response and Health Systems Preparedness Package.
As part of these efforts, the National Health Mission (NHM) in Jammu and Kashmir recruited 378 volunteer doctors listed on the NITI Aayog portal. Among them were the two applicants, whose names appeared at serial numbers 3 and 4 under District Ramban.
The applicants claimed to have served regularly and diligently as volunteer doctors during the pandemic but alleged that they were denied regularization and the payment of their dues.
Represented by Advocate Dinesh Singh Chauhan, the applicants argued their case based on a Supreme Court judgment in Suo Motu Writ Petition (Civil) No. 3 of 2021 concerning the distribution of essential supplies and services during the pandemic. They also cited a Central Government notification dated May 3, 2021, supporting the regularization of healthcare workers who rendered critical services during the pandemic.
The state respondents, represented by Additional Advocate General Sudesh Magotra, contested the claims.
Implications
The CAT’s directive emphasizes the need to recognize the contributions of medical professionals who served on the frontlines during the pandemic. The ruling could potentially pave the way for similar cases where healthcare workers are seeking regularization and compensation for their services.
This judgment reinforces the importance of addressing the grievances of those who risked their lives during the pandemic to ensure the continuity of healthcare services in India.

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