Madurai: The Madras High Court bench here on Saturday said it would amount to perjury if government doctors who seek voluntary retirement on health grounds took up a job in any hospital until he or she reached the age of superannuation.
Justice S Vaidhyanathan, who permitted a government obstetrician-gynaecologist to retire from service voluntarily on health grounds, laid the condition that she should not take up a job in any hospital until she reached the age of superannuation.
The Judge passed the order while allowing a petition by Dr Elizabeth Rajaram, Chief Civil Surgeon at a Government Hospital in Virudhunagar District.
She had sought VRS on grounds of acute pain in her spinal cord and that she was incapable of performing her duties as an obstetrician.
However, the Tamil Nadu Principal Secretary, Health and Family Welfare Department, rejected her plea saying obstetrics and gynaecology doctors were not eligible for VRS as they were scarce.
The petitioner had not completed the cooling off period of five years after reaching a new pay scale to be eligible for voluntary retirement.
Besides, it was also stated that she might join some other hospital after taking VRS.
The petitioner said that forcing her to attend to deliveries, despite her 'failing' health, would amount to putting the lives of the patients at risk.
The Judge said no evidence had been placed before the court that the petitioner was going to be absorbed elsewhere after VRS. The respondents had not mentioned the name of the private hospital or institution which she was going to join.
The general rules would not apply to doctors suffering from health problems.
The petitioner does not have courage and confidence in treating patients and undertaking surgical procedures and hence the respondent insisting her to do the work was ridiculous, the Judge said.