ORDER

22.07.2024 This matter is taken up through Hybrid Mode.

2. Questioning the propriety of order No.11455 dated 28.07.2023 passed by the Chief District Medical and Public Health Officer, Balasore in deploying the petitioners (Post PG Doctors) in different disciplines as per instruction of the Collector and District Magistrate, Balasore, the petitioners have approached this Court by way of this writ petition invoking provisions of Articles 226 and 227 of the Constitution of India with the following prayer:-

“It is therefore, humbly prayed that this Hon’ble Court be graciously pleased to quash the impugned order dated 28.07.2023 of the CDM & PHO, Balasore under Annexure-9 by holding the same as bad, illegal, without authority and contrary to law and thereby direct the opp. Parties to allow the petitioners to continue at their present place of posting under Annexure-7 & 8 to complete their rest portion of rotational 2nd year in their respective present place of posting vide Annexure-7 & 8 until completion of their tenure and pass such other order as may be deemed fit and proper in the bona fide interest of justice and fair play;

And for which act of your kindness, the petitioners shall as in duty bound, ever pray.”

3. Government of Odisha in Health and Family Welfare Department in its Resolution No.3418 dated 03.02.2017 introduced a policy for execution of Agreement in the shape of Bond with the object of retaining the PG pass out Doctors to utilize their services in the greater interest of the State.

4. Consequent thereto, Health and Family Welfare Department brought Resolution bearing No.25795-HFW-MEI-MISC-0010-

2015/H, dated 16.10.2019 contemplating to accommodate such pass out doctors and in order to strengthen the Trauma Care Facilities in the State. It is stipulated therein that the post PG Doctors shall be deployed for two years as per the Bond condition.

The Government have created Additional Senior Residents and Tutor posts in Government Medical Colleges in different disciplines. For ready reference, said Resolution is quoted hereunder:

“Government of Odisha Health & Family Welfare Department Resolution No.HFW-MEI-MISC-0010-2015-25795/H, Date 16.10.2019 Sub: Additional Creation of Senior Resident and Tutor posts in Govt Medical Colleges of the State of strengthening Trauma Care Facilities and Post PD placement as per provision of Bond and guidelines for deployment in such posts.

Whereas as per the direction of Hon’ble Supreme Court, passed in W.P.(C) No.295 of 2012 filed by Dr. S. Rajseekaran (II) Vs. Union of India and others, Trauma Care Facilities (TCF) are to be set up in each district and accordingly 33 TCF are proposed to be set up which will be requiring the Neurosurgeons, Plastic Surgeons, General Surgeons, Orthopaedic Surgeons, Anaesthetists and Radiologist.

Whereas notification of Bond Provision by Government has been made vide Resolution No.ME-II-IXM/88/2008 3148/H Dt.3.2.2017, and the first batch after such execution bond will pass out in 2020.

To accommodate such pass out doctors and in order to strengthen the Trauma Care Facilities in the State, the concerned doctors shall be deployed for two years as per the bond condition and Government after careful consideration have been pleased to create additional Senior Resident and Tutor Posts in Govt. Medical Colleges in different disciplines as per Annexure-A.

The senior residents in the disciplines of General Surgery, Orthopaedic Surgery, Anaesthesia and Radiology shall work in the concerned department and in addition they shall also work in the Trauma Care Facilities attached to the concerned Medical College (as per Annexure B) on rotation basis for a period of one year or as may be notified from time to time. The Senior Residents in the disciplines of Neurosurgery and Plastic surgery shall work on rotation basis for one year in any other Level I Trauma