I had acquired skeletal tuberculosis in jan 2018 due to inhuman working conditions of 120 hours per week. I had to go on leave for 72 days and Was on bed rest.after joining and working the Dean did not grant the term ,so had to work in the dept after completion of the course for six months without stipend . Mci circular dated 5/4/2018 changed the academic term to 6 months with requirements of 80 percent. My leave was for period before the rule was changed and being on duty for 365 days 72 days in under 80 percent .Due to severe stress and pending evaluation of examination couldn’t file a complaint or grievance . Can I file a petition against gov for wrongfully extending the term and demand payment for non stipentory work for 6 months
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Dear Sir/Madam,
Martin Luther king II had said, "Injustice done anywhere is a threat to justice everywhere." So, you are suggested to file the humble submission and if the things are not solved, you may file the writ petition in the high court because the conditions and circumstances under which you went on leave were not under your control.
Please approach your State Administrative Tribunal for REDRESSAL OF GRIEVANCES and incase Tribunal do not rules in your favour then Please file Writ Petition before High Court under Articles 21,226 and 227 invoking The Extraordinary Jurisdiction of High Court for writ of Mandamus directing the State Government wherein you may question the biased, unethical, illegal, proprietary and correctness of decision made against you under the given circumstances and facts of the case.
I am confident you would definitly succeed to reverse the decision of Dean of the medical College either of before Tribunal or High Court.
You are at liberty to take legal proceedings if you so desire for non payment of salary for period of 6 months
Yes.
The issues you have raised is very grave and must be brought before the Judaical scrutiny.
So without further delay seek judicial review to redress your grievances and bring the inhuman working conditions to light.
The culprits must be brought to books.
You have a very good mert. Rise and protest.
Good luck.
Yes you can file a writ petition in the same before HC
Serve them with a legal notice and than file a specific performance suit against them
Yes, you can file a writ before the high court
Pg rules of Gmcs requires 75 percent of the attendance each academic term https://www.gmcsurat.edu.in/lib/exe/fetch.php?media=vnsgu_rules_[deleted].pdf(here the academic term consist of one year or of six months is not mentioned)point 7.8. The MCI issued a ordinance https://www.mciindia.org/ActivitiWebClient/open/getDocument?path=/Documents/Public/Portal/Gazette/PGME-05.04.2018.pdf point 9. Clause 13(2). Changed the academic year to academic term of 6 months on 5/4/2018. My leave due to tuberculosis was from 26/1/2018 to 7/4/2018 . It fulfilled the mci criteria of 80 percent of attendance before the ordinance was issued .PG medical students are neither employee nor students.Gujarat has not implemented the central residency as directed SC in 1992 judgement( working hour 48/wk ) .pg medical rule of bj http://www.bjmcabd.edu.in/UploadedDocs/News/REGULATIONS%20FOR%20RESIDENCY%20PROGRAMME.pdf . The decision would not alter my term which was not granted as I have already repeated.There are no provision for the pg medical students who contracts a illness in hospital treating and serving patients . 1. the ordinance of mci was issued on 5/4/18 . My leave was from 26/1/2018 to 7/4/2018(72 days).does the fact a law passed after my admission in 2016 applied to a sick leave taken before the ordinance have enough weight in court to prove that the decision of not granting term was unfair and against the natural course of justice . 2. can I pray To the court for the stipend for period of the term 6 months repeated and also the period of leave and my bond canceled as compensation of the work Done by me 3. Should the mention of the inhuman work condition mentioned . Does the burden of proof lie upon me ? 4. What is greiveance tribunal ?where is it in Gujarat . How to approach? 5. Does my case have merit . Is any other law applicable? 6.could not find help .everyone considers this part of training . Am fighting the dean or gov.? Regards , Dr. Satyamev Jayate
1 yes it's unfair
2. Yes
3. Yes
4. It's a tribunal for resolve the irregularities and differences between them.
5 . Yes it has merit
6. Gov
You have good case of reversal of order passed by the dean of medical College and circular of State Government of Gujrat.
Please approach Gujrat High Court file writ of Mandamus directing the Dean and State Government of Gujrat to withdraw their illegal order passed against you.
You may mention in your writ petition what ever is illegal and against the motion of law.
Your bond would not be cancelled
you can seek stipend for period of 6 months
you can mention inhuman work conditions
you need to contact local lawyer for filing writ in HC against govt and institute
.
On the basis of the medical records to establish your illness and the original rules in this regard, you first send a representation in writing to the competent authority seeking his intervention and relief to redress your grievances.
If there is no positive result or the authorities turn down your application for the reasons cited therein you may approach legal forum for desired relief.
1. You were granted leave on the basis of the existing rules and regulations in this regard, hence the subsequent amendment may not have an effect especially when the leave has been approved by the competent authority even though the so called ordinance may was pronounced with retrospective effect. The ordinances generally are not passed with retrospective effect.
2. You can vent out all your grievances in the form of pleadings in the proposed case to be filed before court.
3. The record of the works allotted to you are available in the hospitably records, hence there is nothing that you should be worried about proving your grievances.
4. State administrative tribunal is situated in the state capital.
5. You can file a OA on the basis of the rules in this regard venting out your grievances.
6. Your immediate boss is the dean and not the government hence you may have to file case against the dean and implead government as necessary party to the case.
Dear Sir,
As per my considered opinion, the previous law/rule will be taken in consideration for your case and hence you may pray to court for stipend and you may also mention all conditions of inhuman work condition and yours statement will be enough and no strict proof would be needed. First of all, you should right to the department and then approach to CAT/High Court. You are not fighting against anyone rather you are asking your rights.
You can file writ petition to claim your stipend for extended term but chances that petition will decided in your favour are very low because of the law made by govt.
