HC warns health secy, orders filing of affidavit on vacant posts

Madurai: Expressing displeasure at the health secretary for not complying with an earlier order pertaining to filing an affidavit setting out the time that would be taken by the govt for filling up of the posts of dialysis technicians in govt hospitals, Madras high court has directed the health secretary to file the affidavit on or before Nov 8. Failure to file the affidavit shall be viewed as wilful and deliberate disobedience of the orders, the court added. The first bench of Chief Justice K R Shriram and justice Mohammed Shaffiq observed that it is rather unfortunate that the health secretary has chosen not to obey the earlier directions of the court. The govt pleader submitted that the secretary is collecting information from the district collector. If he had some difficulty, the secretary should have filed a sworn affidavit, explaining the difficulty and seeking some more time. Instead, he chose to keep quiet.Taking into account that the govt pleader sought time, the judges directed the health secretary to file an affidavit on or before Nov 8. The judges also took note of the report filed by the director of medical education (DME) which indicates that 15-20% of haemodialysis machines in govt hospitals are under repair. The judges observed that in his report the DME had stated that the revival proposal has been sent to the govt for the absorption of 30 eligible candidates for filling them in the regular time scale and the same is under consideration. The DME has chosen not to mention the date on which the revival proposal has been sent to the govt. Moreover, the DME stated that the process of creation of 624 posts of dialysis technician is under consideration of the govt and it is also the policy decision of the govt.Expressing shock over the DMEs statement, the judges observed that notwithstanding the proposal dated June 21, 2023, having been received by the govt where the total requirement of 624 dialysis technicians is mentioned, still, 15 months later, the govt states that it is under active consideration. This reflects the lack of sensitivity on the part of the officers, manning the health and family welfare department, from the secretary downwards. These technicians are required in govt hospitals and it is the people and, ultimately, the poor, who are victims of this apathy on the part of the health and family welfare department, the judges observed. The judges directed the secretary to also address this issue in the affidavit to be filed.The court was hearing a public interest litigation filed by an activist C Anand Raj of Madurai. The petitioner stated that there is a shortage of dialysis technicians in all the govt hospitals in the southern districts. Hence, he sought a direction to appoint permanent and qualified dialysis technicians.During the previous hearing, the court observed that the petitioner has exposed the sorry state of affairs in govt hospitals, more particularly in the nephrology department, and directed the health secretary to file an affidavit.
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