IN THE HON’BLE HIGH COURT OF JUDICATURE AT ALLAHABAD , LUCKNOW BENCH , LUCKNOW.
WRIT PETITION NO. OF 2019 (S/B)
DR PRAKASH KUMAR GUPTA S/O SRI PRABHAT KUMAR GUPTA R/O CHC Chinhut
…………….. PETITIONER
VERSUS
1.STATE OF U.P. THROUGH SECRETARY MEDICAL HEALTH AND FAMILY WELFARE UTTAR PRADESH LUCKNOW.
2.DIRECTOR GENENRAL, SWASTH BHAWAN, LUCKNOW.
3.CHIEF MEDICAL OFFICER , LUCKNOW.
4.MEDICAL SUPDT. COMMUNITY HEALTH CENTER, GUDAMBA.
…………….. RESPONDENT
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA
TO,
THE CHIEF JUSTICE
AND HIS OTHER COMPANION JUDGES
OF THIS HON’BLE HIGH COURT OF JUDICATURE
AT ALLAHABAD , LUCKNOW BENCH, LUCKNOW.
MY LORD,
The petitioner named above most respectfully submits as under:
That the present Writ Petition arises to file before this Hon’ble High Court for redressal against the respondents so that petitioner may be allowed to work on light duty and be protected with all benefits during including promotion and increment entire service periods as petitioner suffered with Ankylosing Spondylitis with G I T ( gastrointestinal tract) & I B D (inflammatory Bowel Disease ) involvement ? and had hip joint replacement in A I I M S whose treatment is continuing with expert doctors as such mandamus be issued to the respondents in this regard considering the disease of the petitioner and provide normal and light duties ( meaning of light duties are i.e. petitioner should be excluded from all other emergency duties(Evening ,on call and night duties) and duties involving travel( V I P polio medico legal on call etc.) except morning medicine O P D ( out door medicine patient) so that petitioner may perform accordingly and may not suffer with problems and hardship in future.
That the present writ petition is the first writ petition of the petitioner for the issue involved in this present writ petition. No any writ petition is pending anywhere in any court and no one is decided earlier to this writ petition.
That the petitioner also declares further that no any caveat is filed and no any notice of the caveat application is served for which purposes the present writ petition is preferred.
That the petitioner is holding post of Medical Officer and presently posted at C H C ( community health center) Gudamba Lucknow.
That the petitioner joined his services as Medical Officer on 07.10.2014 at the office of C M O , Bahraich and thereafter transferred to Lucknow.
That the work and performance of the petitioner is always found good as well as petitioner did his work bonafidely and ACR (annual credential report) and all salary drawn till date. The registration certificate issued on 25.04.2007 provided by the Medical council of India for practicing as Medical Practitioner to the petitioner is enclosed as Annexure no: 1 for your kind perusal.
That petitioner services is regularized as per law and promotion is also due but due to progressive disease of Ankylosing Spondulitis with hip joint replacement with G I T involvement with alternation of constipation and loose motion I B D ? with involvement of osteopathy , musculopathy and G I T created trouble to the petitioner in doing hard and night duties petitioner should be excluded from all other evening emergency duties and duties involving travel V I P polio medico legal on call. Now the disease developed as cervical spondylitis with thoracic and lumbar involvement with hip joint replacement and GIT involvement, the above symptoms developed after the petitioner came in the category of handicap as such certificate by the Chief Medical Officer Lucknow was issued on 16.09.2015 by which petitioner was found 40% disabled in case of Ankylosing Spondulitis. The true copy of the certificate for the persons with disabilities issued by the office of
Chief Medical Officer Lucknow dated 16.09.2015 is enclosed herewith as Annexure no: 2 for your kind perusal.
That the right of persons with disabilities clarifies that no any establishment shall not discriminate any person with disability in any matter relating to employment and provide light duties ( meaning of light duties are i.e. petitioner should be excluded from all other evening emergency duties and duties involving travel V I P polio medico legal on call etc. except morning medicine O P D ( out door medicine patient)providing such post to hold with benefits. The petitioner is suffering with frequent transfer so he could not establish himself and his family .
to establish them from all problems as well as unable to do night and stretch duty, call duties, medico legal ,evening and on call medical duties involves to attend court .as per advice of doctors under whom treatment of the petitioner for Ankylosing Spondylitis with history of hip joint replacement and the disease is progressing. The papers of treatment are enclosed herewith as Annexure no: 3 for your kind perusal.
Petitioner is living in Chc Chinhut as he was posted there
before the posting was living there and would plea not to force him to shift in Chc Gudamba as the petitioners treatment was going on in Gomtinagar nagar which is near to
Community Health Center Chinhut and would be convenient ,and the petitioner would request not to harass him and allow him to stay in place near from the Treating Hospital.
That the petitioner may not be permitted to work hard and do work at night with stress duties as per his progressive disease Ankylosing Spondylitis is under treatment of doctors by which petitioner is suffering with 40% disability inspite of that petitioner is working hard to perform duties as per direction of authorities.
That the petitioner comes within the purview of Physically handicapped employee so protection be given by the respondents according to law so that he may survive without any stress and his treatment may continue without any break.
That the petitioner has suffered with the non cooperation and not passing suitable direction for aforesaid reason by the respondents as well as letters and reminders submitted before authorities are have gone in vain as such the petitioner has no way except to get the redressal of this Hon’ble High Court in the interest of justice.
That having no any other efficacious and immediate relief this writ petition is preferred on the basis of following grounds.
GROUNDS
Because the petitioner may not be permitted to work hard and do work at night with stress duties as per his progressive disease Ankylosing Spondylitis is under treatment of doctors by which petitioner is suffering with 40% disability inspite of that petitioner is working hard to perform duties as per direction of authorities.
Because petitioner is working hard even doing at night shifts or emergencies as mentioned above as it disturbs the schedule can not be changed with severe stress but all requests in this regard for providing light duties according to my illness was never considered by the authorities till date.
Because petitioner’s letters and representation submitted before authorities have also gone as no any reply is given by the respondents and depriving with fundamental rights provided to the disabled person.
PRAYER
It is most respectfully prayed that Your Lordship may be pleased to:
issue a writ , order and direction in the nature Mandamus commanding the respondents so that petitioner may be provided light duties(meaning of light duties are i.e. petitioner should be excluded from all other evening emergency duties and duties involving travel V I P polio medico legal on call etc. except morning medicine O P D ( out door medicine patient) as above according to the efficiency of petitioner who is suffering with progressive disease Ankylosing Spondylitis with hip joint replacement with GIT involvement as above which is under treatment of doctors by which petitioner is suffering with 40% disability.
issue a writ , order and direction in the nature mandamus commanding the respondents to take provide all those entitled benefits including promotion and increments and clearly state that the
meaning of light duties are i.e. petitioner should be excluded from all other evening emergency duties and duties involving travel V I P polio medico legal on call etc. except morning medicine O P D ( out door medicine patient)etc. as earliest.
Petitioner would be allowed to Stay in the same premises as. Resided that is allowed to stay in CHC Chinhut .
Any other relief which is deem fit any proper may also be provided to the petitioners in the interest of justice.
Cost of the writ petition be also provided to the petitioners.
LUCKNOW
DATED : (COUNSEL FOR THE PETITIONER)
I R
Exempt from all duties except morning medicine O P D
Court No. - 17
Case :- SERVICE SINGLE No. - 26402 of 2019
Petitioner :- Dr. Prakash Kumar Gupta
Respondent :- State Of U.P.Thru Secy.Medical Health &
Family Welfare &Ors
Counsel for Petitioner :- Prabhat Kumar,Akanksha
Prajapati,Sunil Kumar Srivastava,Vinay Prajapati
Counsel for Respondent :- C.S.C.
Hon'ble Chandra Dhari Singh,J.
Heard learned Counsel for the petitioner and learned Standing
Counsel appearing for the State.
After arguing at some length, learned Counsel for the petitioner
has confined his prayer only to the extent that the representation
dated 07.06.2019 (Annexure-5 to the writ petition) may be
directed to be decided within the time frame fixed by this Court,
to which, learned Standing Counsel has no objection.
Considering the innocuous prayer of the learned Counsel for the
petitioner and without entering into the merits of the case, the
writ petition is disposed of with a direction to the Director,
Medical Health, Swasth Bhawan, Lucknow to consider and
decide the representation (Annexure-5 to the writ petition), in
accordance with law, expeditiously preferably within a period
of one month from the date of production of certified copy of
this order.
Order Date :- 24.9.2019
akverma
To,
CMO
Lucknow
Respected sir ,
( Sub :Complaint against Incharge ,chc Gudamba.
Mental harrasment of handicap government duty doctor and repercussing of the writ which was placed regarding duties and had given vip duty intentionally to cut my salary but Incharge does not does a single emergency duty and release of my salary which Incharge had cut my salary of one day. 22/9/19 for VIP duty ,happening after placing FIR and writ )
Sir I had also filed writ petition( details; SERS /26402/2019 date of filing 22/9/19 ,notice 3201901656,and had plead not to give me vip duty ,travelling duties etc .and exempt me from emergency duties.I had already done 54 hrs duty that is 18 hrs ,alternate day , in that week ,then he ordered me for doing Sunday extra duty was given to me ,that too VIP duty,which is not permissimble by a handicap ,handicaps are exempted from voting dutie as it involves travelling ,having locomotor disability ,and staying in unfavorable condition(as I am having git trouble With ankylosing Spondylitis and have made duty room toilet according to my convenience).I had also informed Incharge that I cannot go as I am having my ongoing treatment and already had appointment with doctor(medical certificate attached).Incharge does not does any emergency duty himself,Dr.Milind X-incharge used to do his emergency duties .I am ,being a handicap is forced to do extra duty i.e of incharge depriving my treatment which is both physical and mental harrasment to me .Dr.Preeti has join but is not coming but as she is his bathchmate so no action is necessary on her.So I have to do duties of mine and else doctor to obtain my full salary .
Is this not a punishable offence of incharge .Roster is made every week Instead of a complete month and register is always locked in his room so that he could make last minute alteration in it .
Sir I had filed an FIR against fasad but actually I was under pressure of the Incharge and all the blaim of FIR was due to Incharge being intentionally of harrasing nature type.
I have attached the roster copy ,(not a single staff or doctor of chc Gudamba has 18 hrs alternate duty despite being a handicap and ongoing treatment )I had done the longest duty so that the Incharge does not gives me any travelling duty despite compromising my treatment but he has again directed me to do do duty in behta on 19/10/19 despite of filing writ ,which is a repurcussion.He had only selected me for the duty despite others excluding himself .
A cow was lying untreated for 5 days in the hospital she was dead in campus but he did not bother to check it out instead told it was not his job.
RO is not working since one and a half month but he tells it is not his job.
Tubelight and light is not working but he cannot repair as he down not have fund he says.
He tells me get out from my room as you had filed an FIR . Mostly all the staff and doctors is harrased by him die to his rude behaviour .
He quarreled with me a month but did not forward my treatment documentation as he had lack of knowledge ,but I think lack of knowledge can be for a day but not for a month .so he is intentionally harrasing me and all the doctors and staff are harrased by him as he doesn't listen to any body only speaks whatever he likes to.
Prepares roster without taking consent,without notice any ,ucertainity of time limit ,enequal duties ,which show wrong intentions behind it , from doctors,sister ,pharmacist or staff.
Thinks himself a dictator but does not understand the word manager and excuses lack of knowledge but it is harrasment as he tries to cover the things for harrasing for some wrong Intentions.
Sir ,I have attached roster ,and in every roster you would notice that no doctor does longer duty and despite that he had cut my salary .
Sir please assure that in future no handicap is harrased mentally or physically and release my salary of one day that is 21/9/19 as soon as possible.
Attachment !-:Duty roster made uncertain ,without notice ,without consent and weekly
2-vip duty order
3-Duty of behta Travelling duty
4-Application recieved regarding non forwarding of treatment by incharge for a month leading to FIR
5.copy of Anexure 5 of writ .
6.vip duty of bheta -order
Thanking You
Your’s Truly
Dr.Prakash Kumar Gupta
M.O CHC Gudamba
Cc Aditional Director
Cc; Director General Medical Health Services ,Swasth Bhawan
