Srinagar
Expressing surprise over unwanted and unwarranted explanation to its members, Doctors Association Kashmir has filled a detailed reply to notice served to them.
According to a statement issued to media today, Director General health services has served show cause notice to four members of DAK namely Dr Suhail Naik, Dr Owais H Dar, Dr Mir Mushtaq and Dr Masood Rashid for instigating and provoking doctors to avail gazetted holidays.
The doctors who have been served notice are rendering their services since long sincerely and with honesty and have achieved name and fame in the society and till date, not even a single complaint has been filed against them which depicts there competence and integrity towards their profession and department concerned.
That the doctors have decided to avail gazetted holidays in the entire state of Jammu and Kashmir state barring emergencies and casualty duties and services.
And doctors were allowed to avail gazetted holidays on April 30, and June 8. Had the gazetted holiday, on 30-04-2018 and 08-06-2018 been refused by the competent authority, strict action under the law would have been contemplated on observing the gazetted holiday by the doctors.
The spokesman said that how come selective availing of holidays is being allowed on the eve of Sundays, EID, August 15, and January 26. Further on June 12, the state declared gazetted holiday in view of Shab-e-Qadir which carries the sanctity in terms of Quranic injections and every Muslim has to observe and celebrate this red-letter day in letter and religious spirit. the notice issued by DGSK is nothing but a nullity which is non –ast in the eyes of law as constitution already guarantees right to religion in terms of article 25 to 28 embodied and enshrined therein, therefore, the omissions and commissions amount to interference in religion and just two days show cause notice has been tried to be issued under a well-planned conspiracy hatched against four selective doctors just to condemn them unheard, which is against the basic principles of natural justice. Which principles are anti-thesis of arbitrariness? Therefore the very fundamental rights of the doctors have been tried to be transgressed with.
The emergency services were being rendered by the emergency staff properly, smoothly, satisfactorily on the pattern of Sundays. No death report, negligence, or any untoward incident has occurred anywhere, the spokesman said.
The spokesman added that it would not be out of place to mention herein that the doctors who have been served notice have never ever instigated or provoked the other doctors for availing gazetted holiday on 12/06/2018, as there is nothing substantial and concrete on record, which would depict the involvement of above-mentioned doctors in instigating and provoking the others. This assertion of the competent authority is, as such, based on assumptions and presumptions and on false and flimsy grounds, which in fact does not bear any relevance with the facts and circumstances of the case.
The fact of matter is that the JK doctors, as usual practice us not to avail gazetted holidays previously as a mark of respect for patients and on humanitarian grounds, but the same can in no case be construed as weakness of the doctors and by virtue of this yeoman’s service on the part of the doctors, their liberty cannot be curtailed which liberty has already been guaranteed by the constitution itself under article 21. The competent authority seems and appears to be prejudicial to the rights and interests of the doctors, which may have certain legal consequences thereof.
It is of paramount importance to mention herein that the department does not favor the doctors by providing them the requisite salaries as the law is very much clear in terms of article 14, as such in this view of the matter, there must be equal pay for equal work as we are equal amongst equals. since doctors have been rendering there services honestly, sincerely and with full dedication, as such, it would be a sin to treat them as beggars or to run them as per the will and wish of the department concerned. It is fact that the doctors as per their quantum of work deserve much what they have been given. As such, the statute gives them the right to the salary which is hence not a favor.
It is of great importance to mention that DAK has been acknowledged and ratified as authentic and genuine by the department concerned itself through their acknowledgment prescribed and described in terms of so many communications. Therefore the DAK has obtained legality/sanctity and sanction by the department itself, cant as such be declared as for being declared as a self-proclaimed association. Therefore by virtue of the issuance of the notice in question, the department has brought the honor and dignity of the doctors to disrepute without any authority and jurisdiction under the law which issue also needs to be addressed just to restore their respect back.
