Scarcity Of Doctors Doesn't Justify Compelling Medical Officers To Work For Long Hours: KAT Rules Against 17 Hour Work In A Day

The Tribunal made this order in an application moved by nine Assistant Insurance Medical Officers working in ESI Hospital, Ernakulam. They submitted that on the dates they have night shift (8 p. m. to 8 a.m.) they also have to take the O.P. duty from 8 a.m to 1 p.m. After competition of night duty, they are given the day off. However on the date of night duty, they have to work for 17 hours in a span of 24 hours ( 8 a. m to 1 p. m and 8 p.m. to 8 a.m)

They further submitted that the Human Rights Commission, on a complaint of Association of Kerala Government Medical Officers had directed the government to schedule duties of the medical officer under the Health Service Department in such aa manner so that they would not have to work for more than 12 hours within 24 hours. After that Government issued an order directing that the Medical Officers are not insisted to take more than 12 hours of duty within 24 hours. The applicants in the instant case, argued that there is discrimination between the medical officers under Health Service Department and Insurance Medical Service.

The government argued that there is 7-hour rest period between the 2 shifts and therefore, they don't have to work continuously for 17 hours. Furthermore, they contended, the medical officers can take 24 hours duty off after night shift. Therefore, the government argued that in effect they are working for 17 years in 48 hours and not in 24 hours. The government also submitted that if they are given off-duty on the day before their night shift, there will be shortage of doctors

Judicial Member Justice P. V. Asha said that the fact that the practice has been followed in the department since its inception is not a justification to continue it.

“If a practice is found to be in violation of the fundamental and constitutional rights and contrary to the constitutional obligation of the State, there is no justification in continuing such practice.”

The Tribunal said that the duty hours cannot be justified on the ground of scarcity of doctor. It further said that it is in the interest of the patients that the duty hours of the officers are rationalized.

“The patients would be able to avail the qualitative service from the Medical Officers if they are also given sufficient leisure time for which rationalization of duty hours is required.”

The Tribunal held that State is duty bound to ensure that the patients receive quality care and for that they should provide humane working conditions for the Medical Officers. The Tribunal said that these conditions should be in tune with constitutional principles and principles in Universal Declaration of Human Rights. The Government was directed to ensure that the Medical Officers in ESI Hospital, Ernakulam are not made to work more than 12 hours in a span of 24 hours.

Counsel for the Applicants: Advocates Kaleeswaram Raj, Thulasi K. Raj

Case Title: Dr. Mohammed Ashraf and Others v State of Kerala and Others

Case No: OA [EKM] 993/ 2023