Karnataka High Court
Hari D Ankolikar vs The Director General Medical Division on 17 September, 2008
Author: Mohan Shantanagoudar
Bench: Mohan Shantanagoudar
or KARNATAKA men c uvn I-.u\JUl(I ur Mmnmm mun wum or xnnnnnwx may COURT or KARNATAKA HIGH COURT op KARNATAKA HIGH COURT IN THE HIGH ccziurer or KARNATAKA AT BANGALORE DATED 11415 THE 17*" ww or SEPTEMBER , 2009 PRESENT THE HON'BLE MR.P.D.DINAKARA.N, CHIEF JUSTICE mo THE HON'BLE MRJUSTICE MO}-IAN SHANTANAGOUDAR WRIT PETITION NO20392 OE 200§_(6M-RES) BETWEEN: Hari D. Azakolikar S] o.Dhaku Krishna Ankolikar Aged 65 years R/o."So-mi", No.17 Nandini Street, Ramamurthynagar BaI1ga.Iorc-- I6. . . PETITION ER (By Smt.i-iemaiatha Mahishi, Advocate) AND: I. The Director General Medical Division ESIC Head Quarters Oflicc Panchadeep Bhavan CIG Marg New Delhi-1 10 002 2. The Union of India Represented by its Secretary .. -- .- --.e_...m-m wvw W *V_'*'**"'*""*'"! *m?-H--'Fun: a'f..xAK_NArAi¢i?\~ :1"-my: co'URfi':'oi= wmmarmm. ;-u-an-cot.-mt as gamma -HIGH ii': -:75" _ Bhavan '3"-3$-i"Rf$5fi-_Mf€i1'$'-- . H' Ifilmar-'fie1hi~'1."1=QI'G0.1 = 2 % - 3" % , -
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Model ESE Hospital, Rajaginagar, Bangalore, with all modern equipments including LC. Unit and sufficient supply of necessary drugs and for other confluential reliefs.
It is contended by the petitioner that ESI Hospital, Rajajinagar, Bangalore is functioning since 1961; It is located in a convenient place and easily accessible to all the routes of buses; The said hospital was being run by the Govermnent of Karnataka till 2003; thereafter the Hospital is taken by the ES} Corporation on 1.4.2003 as part of Model Hospital Scheme as is done in every State of our Nation.
2. The respondents have appeared through their respective advocates.
3. 1. Heard.
3.2. Every reasonable man on the earth wishes to have good health and tries to maintain it" till his last V5 ..n.....-...-.m-. mun uuux! ur AAKNAIAKA HEGI-I COURT OF KARNATAKA FHGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA H359 C breath. There cannot be any doubt that health is wealthier than wealth.
3.3. Certain of the famous personalities of the world have explained "Health" as under:
1.
"It is health that is real wealth and not pieces of gold and silver. Healthy discontent is the prelude to progress". Father of the Nation Mahatma Gandhiji.
"Health is the greatest gift, conternment the greatest wealth, faithfulness the best relationship." Goutama Buddha (the founder of Buddhism, 563-483 B.C.) "In health then: is freedom. Health is the first of all liberties." Henri Frederic Amie} (Swiss Writer known for his masterpiece "Journal intizzrie" 182 1~1881) "Good health and Good sense are two of 1ife's greatest blessings." Publilius Syms (Roman author, 15*» Century BC.) V3 RNATAXA HIGH C ...... . .......u u. nnnlvnlflnfl ruun uuum tar NAKNAiAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KA
5. "To preserve health is a moral and religious duty, for health is the basis of all social virtues. We can no longer be useful when we are not well"
Samuel Johnson (English Poet, Critic and Writer. 17094784)
6. "The health of the people is really the foundation upon which all their happiness and all their powers as a state depend"
Benjamin Disraeli (British Prime Minister and Novelist l804---- 188 1)
7. "The first wealth is health." Ralph Waldo Emerson (American Poet, Lecturer and llssayist, 1803-1882).
3.4 if the health of the people unfortunately deteriorates, that too, untimely, they will have to seek help by way of treatment, from the hospitals. In our nation, treatment is being taken generally in Government or Public hospitals, as majority of the people cannot afford to take 'ueatment in expensive private hospitals. General perception of the people is /4/3
-..... .......... Ur nunivninnfl mu:-1 count or KARNATAKA HIGH count or KARNATAKA I-RGH COURT 01' KARNATAKA "*9" C that the Government hospitals or public hospitals (run by local authorities) are ilbequipped as they lack 1'n1'rastructu:re both in terms of buildings, medical equipments, adequate drugs etc., and able, humane manpower. Hence, every citizen of this Nation hopes that Hospital of the future should be a place that is both pleasant and functional, in keeping with the principle that the patient occupies a central position. The patients needs and desires are to be the central focus of the system.
3.5 In 9. welfiare State it is the obligation of the State to ensure the creation and sustaining of conditions congenial to good health. Maintenance and improvement of public health have to rank high as these are indispensable to the very physical existence of the community and on the betterment of these depends the building of the society, which the Constitution--makers envisaged. Attending to public health, therefore, is of V5 KA HIGH COURT OF KARNATAKA HIGH C"
nun uvunl vr nnnunu-\:\H rIfl.7l"'! LUUKI ur ISAKNAEAKA HIGH COURT OF KARMA}-AKA HIGH COURT OF KARNATA -7- high priority -- perhaps the one at the top. A healthy body is the very foundation of all human activities. At this stage, it is beneficial to refer to Article 47 in Part IV of the Constitution of India, which reads thus: -
"Art. 47: - Duty of the state to raise the level of nutrition and the standard of living and to improve public health: The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public: health as among its primary duties and, in particular, the State shall endeavor to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health."
3.6 In a series of pronouncements, the Apex Court from time to time has cuilecl out iiom the provisions of the Part IV of the Constitution several obligations of the State and called upon it to effectuate then] in order to see that the intention of the /''/> nu... uvvnl vr nnruwnanna HIGH COURT Of KARNATAKA HFGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH Ci -3- Constitution-makers becomes a reality. Article 47 has laid stress on improvement of public health and prohibition of drugs injurious to health as one of the primary duties of the State. The Fundamental Rights are intended to foster the ideal of a political democracy and to prevent the establishment of authoritarian rule. It is by now well settled that the Directive Principles are no less important than the fundamental rights. It is relevant to note the observations of the Apex Court in the case of Akhil Bharatiya Smhit Karamchart Sangh vs. Union of India, reported in (1981) 1 SCC 246, which read must-
"The Fundamental Rights are intended to foster the ideal of a political democracy and to prevent the establishment of authoritarian rule but they are of no vahie unless they can be enforced by resort to courts. So they are made justifiable. But, it is also evident that notwithstanding ft/3
- AKA HIGH COURT or KARNATAKA HIGH cu uvuna Ur mm-mmm r-nu:-I Luulu Ur mmarnm 2-non COURT or KARNATAKA H16!-I COURT or KARNAT -9- their great importance, the Directive Principles cannot in the very nature of things be enforced in a court of iaw It does not mean that Directive Principles are less important than Fundamental Rights or that they are not binding on the various organs of the State."
From the aforesaid observations, it is clear that the directive principles are equally important as fundamental rights and are binding on various organs of the State.
3.7 It is constitutionai obligation of the State to provide adequate medical services to the people to preserve human life. Whatever is necessary for this purpose has to be done. The State cannot avoid its constitutional obligation in that regard on account of financial constraints. The Constitution envisages the establishment of a welfare State at the federal level as well as at the State level. Thus it is the joint obiigation W' ....1 . ....... . uvunl ur nnnnvnlann HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA I-flGH COURT OF KARNATAKA HIGH G -10- of the Central as well as the State to provide medical services. In this context, the observations of the Apex Court in the ease of Paschim Banga Khet Maxdoor Samity 8» Othws vs. State of WJB. do another, reported in (1996) 4 SCC 37, may be referred. In paragaph-9 of the said judment, the Apex Court observes thus» 'The Constitution envisages the establishment of a welfare State at the federal level as well as at the State level. In a welfare State the primary duty of the Government is to secure the Welfare of the people. Providing adequate medical facilities for the people is an essential part of the obligations undertaken by the Government in a Welfare State. The Government discharges this obligation by running hospitals and health centres which provide medical care to the person seeking to avail of those facilities. Article 21 imposes an obligation on the State to safeguard the right to life of every person. Preservation of human I"/\ . nu. . uvunl ur zu-uuvnnumn HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA PEG!-I COURT OF KARNATAKA HIGH C .11- life is thus of paramount itnportance. The government hospitals run by the State and the medical ofiicers employed therein are duty-bound to extend medical assistance for preserving human life. Failure on the part of a govermnent hospitat to provide timely medical treatment to a person in need of such treament results in vioiation of his right to life guaranteed under Art:ie1e.2 1."
3.8 Articles 39(6), 41 and 43 of the Constitution directly deal with maintenance, health and vigour of the Worker. Right to health, medical aid to protect the health and vigour of a worker while in service or post retirement is a fundamental right under Article 21 of the Constitution r/W Articles 39(e), 41 and 43. Ali the related Articles are directed towards protection of workers' rights and to make the life of the workmen Ineaningful and purposeful.
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3.9 The expression "life" assured in Article 21 of the Constitution does 'not connote mere animal existence or continued slavery through life. It has a much wider meaning that includes right to livelihood, better standard of life, hygienic conditions in work place and leisure. Such deprivation would not only denude the life of its effective content of meaningfulness but it would make life impossible to live, ieave aside what makes life liveabie. The right to life with human digiity encompasses Within its fold, some of the finer facets of human civilisation, which makes life Worth living. The Apex Court in the case of Consumer Education a. Research Centre as otha-s vs. Union of India .3. othas, reported in AIR 1995 SC 922, held that the right to health of the Workman is a fundamentai right by observing t:hus:-
"The right to health to a worker is an integal facet of meaningful right to life to V5
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have not only a meaninghl existence but also robust health and vigour without which worker would lead life of misery. Lack of health denudes his livelihood. Compelling economic necessity to work in an industry exposed to health hazards due to indigence to bread-winning to himself and his dependents should not be at the cost of the health and vigour of the workman.
Facilities and opportunities, as enjoined in Article 38, should be provided to protect the health of the workman. Provision for medical test and treatment invigorates the health of the Worker for higher production or efficient service. Continued treatment, While in service or after retirement is a moral, Regal and constitutional concomitant duty of the employer and the State. Therefore, it must be held that the right to health and medical care is a fundamental right under Article 21 read with Articles 39
(c), 41 and 43 of the Constitution and make the iife of the workman meaningful and purposeful with dignity of person. Right to V' HIGH C ...... . ......-um an nnmw-un:u-\ nuun LUUKE Ur KAKNAIAKA I-HGH COURT OF KARNATAKA H16!-f COURT OF KARNATAKA EIGH COURT OF KARNATAKA -14- life includes protection of the health and strength of the worker is a mirlimuzn requirement to enable a person to live with human dignity. The State, be it Union or State Government or an industry, public or private, is enjoined to take all such action which will promote health, strength and vigour of the workman during the period of employment and leisure and health even after retirement as basic essentials to live the life with health and happiness. The health and strength of the worker is an integral facet of right to life. Denial thereof denudes the Workman the finer facets of life violating Art. 21. The right to human diglity, development of personality, social protection, right to rest and leisure are fundamental human rights to a Workman assured by the Charter of Human Rights, in the Preamble and Arts.38 and 39 of the Constitution. Facilities for medical care and health against sickness ensures stable manpower for economic development and would generate devotion to duty and f/5 _ -. _. . ........... \fll nnnlifllflnfl mun l..UUKi OF KARNATAKA HIGH COURT OF KARNATAKA HEGH COURT OF KARNATAKA HIGH C -15- dedication to give the workers' best physically as well as mentally in production of goods or services. Health of the worker enables him to enjoy the fruit: of his labour, keeping him physically fit and mentally alert for leading a successful life, economically, socially and culturally. Medical facilities to protect the health of the workers are therefore, the fundamental and human rights to the workmen."
3.10 In the case of PT. Parnwmami Katara -ml» Union oflndia & others, reported in AIR 1989 SC 2039, the Apex Court directed even private doctors or hospitals to extend services to protect the life of the patient, be an innocent or a criminal liable for punishment in accordance with law.
3.11 The Apex Court, in the case of Bandhua Mukfl Mot-cha -vs- Union of India, reported in (1984) 3 sec 161, has observed thus: ~ fl/> area c uvunl ur nnnavntnnu-I. mm-t count or KARNATAKA men COURT or KARNATAKA HEGH COURT OF KARNATAKA
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"It is the fundamental right of everyone in this country, assured under the interpretation gven to Article 2 1 by this Court in Francis Mullin ease to live with human dignity, free from exploitation. This right to live with human digaity enshrined in Article 21 derives its life breath from the Directive Principles of State Policy and particularly clauses (e) and (1) ofA1't:ic1e 39 and Articles 41 and 42 and at the least, therefore, it must include protection of the health and strength of the workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in conditions of fieedom and dignity, educational facilities, just and humane conditions of work and maternity relief. These am the rninirxmm requixements which must exist in order to enable a person to live with human diglity and no State -- neither the Central Government nor any State Government - has the right #4 nun -...uu:u ur Iv-umaniatxn i1EUl"'l LUUKE UF ICARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNAYAKA HIGH COURT OF KARNATAKA HIGH Cl -17- to take any action which will deprive a person of the enjoyment of these basic essentials."
3.12 Thus, it is clear that right to health of a worker falls under Article 21 of the Constitution and that the health does not merely mean the physical, mental and social well being. The medica} care and health faciIit.ies not only protect awinst; sickrlese, but also ensure stable manpower for economic development. The facilities of health and medical care generate devotion and dedication to give the workers' best, physically as well as mentally, consequently productivity will be improved.
3.13 On December 1031 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights by Resoiution 217A [III]. Following this historic act the Assembly called upon. all Member countries to publicize /V5 HIGH E ............. VII wvnnlvnlflnfl mun LUURI OF KARNATAKA HIGH COURT OF KARNATAKA H16!-I COURT OF KARNATAKA
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the text of the declaration and to cause it to be dissezninated, displayed, read and expounded principally in schools and other educational institutions, Without distinction based on the political status of countries or territories.
ARTICLE --- 25 of the Universal Declaration 01' Human Rights reads thus:-
(1) Everyone has the right to a standard of living adequate for the health and well-
being of himself and of his family, including food, clothing, housing and medical care and necessaly social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
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(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
3.14 The International Covenant on Economic, Sociai and cultural Rights was adopted and opened for signature, ratification and accession by General Assembly resolution 2200A (XXI) of 16 December 1966.
3.15 Article --- 7 of International Covenant on Economic, Social and cultural Rights reads thus:--
The States Parties to the Present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:
(a) Remuneration which provides all workers 3 as a minimum, with :
H ' son COURT OF KARNATAKA HIGH cc Item COURT or KARNATAKA me» come": or KARNATAKA HIGH COURT or KARNATAKA Hie!-l COURT or KARNATAKA H
(i)
(ii) (*9) (0) (<1)
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Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;
A decent living for themselves and their families in accordance with the provisions of the present covenant;
_Safe and healthv worldg eonditiong. Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;
Rest, leisure and reasonable limitation of working hours and periodic holidays /kl./A
-- .- .... .. . ...... . uvunl ur RAKNHIAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HJGH €
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with pay, as well as remuneration. for public holidays.
(Emphasis supplied) 3.16 From the aforementioned it is clear that Arfiele 25(1) of Universal Declaration of Human Rights 1948 assures that every one has a right to a standard of living adequate for the heaith and well-being of himself and his family, including medical care, sickness anci disability. Article 7(b) of the international Covenant on Economic, Social and Cultural Rights 1966, reeogiizes the right of every one for the enjoyment of just and favourable conditions of work which ensures in particular safe and healthy working conditions. As aforementioned, Article 39(6) of the Constitution enjoins the State to direct its policies to secure the health and strength of Workers.
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3.17 With a View to introduce scheme of health insurance for indusnial workers, the Employees' State Insurance Act 1948 is enacted.
3.18 The Scheme envisaged is one of compulsory State Insurance providing for certain benefits. The insurance fund Wili be mainly derived from contribution from employers and workmen. The hmlth insurance scheme set up in pursuance to the provisions of the ES} Act is not only a blessing to the employees; it is also a boon to the employees and Nation. The scheme was inaugurated on February 241" 1952 in the Industrial Towns of Kanpur and of Delhi. This, however, is being gradually followed in other industrial centres so that the scheme can cover the whole country. The Nation may take pride in the fact that India, is the first Country in South East Asia to launch such a scheme. The benefits proposed for insured persons by this scheme are:---
fl/>
- -.. ....1 . ..u. . uuuzu ur NAKNATAKA HIGH COURT OF KARNATAKA FHGH COURT OF KARNATAKA HIGH 1
1. -23- The medical benefit- whenever any insured Sickness Benefit ~-- When an insured person falls ill, he will not: only get free medical aid as mentioned above. He win also receive some sickness benefit.
Maternity benefit ~ The woman employee need fear no longer that she will be dismissed from service as soon as she expects a baby. Not only will she retain her job, but also will get maternity benefit for a period of 12 Weeks before or after confinement of which not more than six weeks can precede the expected date of confinement.
Disablement benefit ~-- If an insured person is injured in the course of his work and permanently or temporarily disabled, he will get what is called disablement benefit in the form of cash in installments, so that there wiii f'/5 um" or KARNATAKA HIGH c< iGH COURT or XARNATAKA HIGH COURT or KARNATAKA HIGH COURT or KARNATAKA rues COURT or KARNATAKA HIGH co -24- be a regular flow of income to the injured person as long as his disablement lasts.
5. Dependents benefit. - If an insured person is hurt in the course of his Work and dies as a result, his dependants, i.e., his widow, legitimate (or adopted) sons and iegtimate unmarried daughters will get a pensien.
3.19 Under the Employees' State Insurance Scheme, medical care is provided both through the service system (direct pattern), as well as, the indirect method using the panel system. Under the service system, the Corporation has set up about 1500 ES}; disperisaries in the implemented areas. In the panel system, about 3000 private clinics of medical practitioners provide treatment to the beneficiaries. Cases requiring services of specialists in superspecialities are referred to the outside institutions and diagnostic centres. Hospitalization facilities are provided in ES! Hospitals or ES} wards (Annexes) /v3 ..n.n.u-. mun nuuxl OF KARNATAKA HIGH COURT OF KARNATAKA I-HGH COURT OF KARNATAKA HIGH 1 -25- attached to Government or pubiic hospitals. (In areas where there are no ESI Hospitals or wards, or where such separate facilities are not sustainable, hospitalization is provided by reserving beds in existing Govt;., public and private hospitals on payment basis). Hospital beds are provided on a scale of 4 beds per thousand Insured Person ilamily units. All drugs, dressings and aids and appliances are provided free of cost. Under the service system, these medicines are dispensed at ES! dispensaries, ESE hospitals and medical stores. Under the Panel system, common medicines are dispensed from the Integrated Medical Practitionefs clinics, and supply of expensive drugs on prescription by smcialists, is made through approved chemists or medical store depots established under the Scheme. The Employees' State Insurance Corporation has formulated its own exhaustive pharmacopoeia which lists over 800 commonly used medicines.
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3.20 For super-speciality treatment, such as open heart surgery, neuro surgery, bone marrow transplant, kidney transplant or specialized investigations like CAT scan, MRI, angiogaphy etc. referral arrangements are stated have been made with the reputed, ptemier hospitals of the country. The total cost of such treatment, diagnostic facilities or surgical intervention is borne by the ES! Scheme.
3.21 The Ofiicial portak of ES! Corporation, Sub- regionai Office, Coimbatore, (available at http: / WWW.CSiC0i1}.'.1batOI'6.0I'g/ esischeme/ esic__infras'm1c ture_medical.ht:m) reveals the infrastmctLH'e available including the intiastincune of the hospitals under ES:
scheme. The creation of the Mode} Hospital is one of the irifrastructure (medical) of E81 Scheme. The md official website of Sub-Regonai ofiice, Coimbatore reveals that the ESI Corporation has decided to set up one Model Hospital in each State to ensure that there P/5 .r..n.u-. mun \.UUl(l or KARNATAKA FHGH COURT OF KARNATAKA HEGH COURT OF KARNATAKA HFGH C
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are proper secondary care facilities for the beneficiaries.
The proposed Model Hospitals are being identified out of the existing hospitals to provide all modern infiactstructure facilities, staif and equipments as per E.S.I. norms and in case of need to act as referral hospitals for providing adequate secondary health care services.
3.22 Acconiing to the 13.8.1. Corporation, as revealed in aforementioned oificiai portal, the Model Hospital will have all general specialities along with support services of Radiology, Laboratory, Store and Pharmacy, Operation Theatres, Medical Records, Dietary Services, laundry, CSSD, Engineering services, Ambulance service, telephone, housekeeping, horticulture development works, waste management systems, faciiity for training, library etc. To facilitate community services, staff accommodation, cafeteria, parking areas, recreation facilities etc., shall be M HIGH C .u-mnnaunn mun LUURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA -23- provided. It is also mentioned that, to ensure proper functioning, quality assurance programme will be instituted to monitor the functioning of various activities of the Model Hospitals.
3.23 With the aforesaid object of gving top level services in health care, Model Hospitals are being set up in every State. In pursuance of the very scheme and object, the ES} Hospital, Bangalore is taken over and converted into Model ESI Hospital. The concerned authorities are duty bound not only to establish and maintain the Model Hospitals, but also to strive hard to achieve the goal for which the Model Hospitals are set up. Otherwise, the intention of setting up of such hospitals will be frustrated and the health of the 4.1 During the pendency of the matter, respondents 1 to 3 have filed the status report relating /A/'
--I511!'-Fl . uwn \..UUl(E ur KAKNATAKA O-HGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA 1-HG!-i C -29- to the condition of the Model ES! hospital Bangalore as on 8.9.2008.
4.2 Learned counsel appearing on behalf of the petitioner submits that the anxiety of the petitioner is to see that the ES! Model Hospital should discharge its duties as real Model ESI hospital catering the needs of the beneficiaries. She further submits that the status report filed by the respondents may be accepted for the present and direction may be issued to respondents I to 3 to make further improvements in the hospital.
5. Learned counsel appearing on behalf of respondents I to 3 submitted that after taking over the ESE Corporation Hospital under Model Hospital Scheme, major improvements with regard to physical ixlfiastmcture, man power resource development are being undertaken. The remodeling and development of A/5 H C . ..-.. ............. VII nu-mnnunnn nnun LUUKI Ur KAKNATAKA HIGH COURT OF KARNATAKA HEGI-I COURT OF KARNATAKA HIG .39- the hospital is being carried out at the estimated cost of Rs.16 1 crores.
6. The status report filed in the form of affidavit sworn to by Dr.A.K.Khokhar, Medical Superintendent of ES! Corporation Hospitai, Rajajinagar, Bangalore, reveals the details of the developments made after 1.4.2003. It also reveals proposed plans and actions.
The same are narrated as unden-
a} Intercom facility to eve-Iy ward and section has been installed.
b) Additional 6 telephone lines EPABX has been installed. t
c) 12 computers have been installed with 4 Printer, Fax and Xerox at important location in administration.
(.1) Modern Metallic Sitting arrangements have been provided for patients /*M"> .. ".1... vrursnrl mun \..UUl'(l Ur KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HEGH C
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e) 6 Aqua guard have been provided to serve safe drinking Water to the patients, visitors and attenders.
f) Minor O.T. PPC ().'1'., Emergency 031'. are air conditioned and air conditioning in Major 03:'. and Eye O.T. has been augmented.
g) PPTC'I' (prevention of parent to chiid transmission of HIV) centre has been started.
11) Pediatric Ward has been made child friendly and toy room has been provided.
i) Medical libraiy along with a computer has been started.
3') From omamental garden with fountain and quadrangular garden have been improved and atmosphere: made echo friendly.
k) The list of new furniture additional furniture equipment and instruments, which have been added, is gven in Annexuro-A to this atiidavit.
1) Toilets have been renovated where needed and utmost cleanliness is maintained.
V .. ...-..uu~unn.u ruur: uuux: OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH 1 IIl)COI1f@I'(':I10C hall has been equipped with LCD projector and public address system.
:1) Remodeling and face lifting programme ibr hospital
p) at a. cost of 161 crores approximately is in the process. The foundation stone was laid by i~ion'ble Union Labour Minister Sn' Oscar Fernandes along with Hon'ble Minister for Govt. Karnatalca, on 16.8.2008 and the project wiil be executed by M/s UPRNN Limited in the next 18-24 months.
Illuminated Name Board of the hospital has been installed at the entrance of the hospital.
Cleanliness has been considerably improved and building is Well maintained.
Security force has been improved and security measures to benefit patients are in existence.
Blood bank stafling, infrastructure and equipment procurement is completed and new hospital is in a position to apply for license. Interim arrangement for supply of blood from licensed blood bank fmxn Ralnaiah i-iospital is working well. Supply orders for /*/> . ......r...n . man uvunl ur AAKNAIAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH C V) -33- procurement of equipments for ICU have been placed and 3rd batch of Doctors and Nurses are completing training in care and management of ICU cases at NIMHANS.
Critical care equipments have been provided at Strategic location like Accident Emergency Medical services, Post operative surgical wand, Emergency wand and Labour Room, Pediatric Ward and operation theatre.
3 additional bore well has been sunk. Water scarcity has been soived and as of now there is no problem for water supply to the hospital.
Separate emergency laboratory has been started on 24 hours basis. Also Gluco-«meter with strips and keto-sticks have been provided to the wards for close monitoring of diabetic coniplications.
'l'ie~up for high end Radio imaging investigation (IT, MRI, Dopper Ba Audiometry, Pathologr investigation has been made with reputed ISHA diagiostic and RV. laborites M/s.Naik Heavy Aid Centre respectively. There is an arrangement of Empanel ... ....-. . ...... . uvunl vr nnmvnu-uxn l1ILsI'1 LUUKI U!" KARNATAKA HIGH COURT OF KARNATAKA H36" COURT OF KARNATAKA HIGH C .34- Chemist to supply immediately the Drugs which are not in stock, so that patients are relieved from buying drugs by spending out of their pockets. In very rare instances if drugs are purchased by the patients, Medical reimbursement is given with in 10 days. Special provision like Auxillary crutches Walking fframe, Wheel chair, LS belts, Cervical collar and various braces etc., to the beneficiaries are provided before discharge rather than gving reimbursement.
W) Two doctors are posted after OPD hours in the casuality to improve Accidental emergency services and to the critical ill patients.
X) Medical Superintendent has been delegated power up to Rs. 15 lakhs unit cost with sufiicient budget for dealing all matter locally (except capital construction) for better servicing of ESE Beneficiaries.
Man Power Rmurces Improvement :-
a) The Hospital has employed Sr. Post Graduate qualified Resident Doctors, part time specialists and Full Time Specialists on contract basis.
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b) Additional staff nurses, clerks and Group:---D as per functional requirement are employed on contract basis.
c) 3 engineers have been appointed on contract basis to look after annual repair and maintenance work of the hospital.
(1) Technical Stall' on contract basis has been appointed. The details of staif presently available and at the time of take over on 1-4-2003 Annexure-B. The staif strength has gone up from 387 to 666.
e) It is inforined and to be appreciated that the staii' strength has increased despite of State Government Doctor taking voluntary retirements, superannuation, deputation to post graduation. Transfer out and unautliotized absences due to timely action by the Central administration.
1') It is also submitted that Pediatric Surgery is not _ _ _--. -. ....---......--...--uu-. ruun \.uUKI Ur KAKNATAKA HIGH COURT OF KARNATAKA HEGH COURT OF KARNATAKA HIGH C being carried out as the only IMO in the SS1 scheme having M.Ch in Pediatric Surgery Qualification is not able to perform surgeries due to ill health. However tie-up with Indira Gandhi histitute of Child Health exists and cases are treated.
HIGH C .....--- . ....... uvunl ur ru-uu\wuA:\A HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA -35-
g) Recruiment of Regular Stall' against sanctioned post in all categories is being made. Tests and interviews were conducted on 3-8-2008, 10-8--~2008, 24~8-£2008 85 31-8-42008. Already regular Physiotherapist and Blood Bank Technician have joined service.
11) All General Speciality and Superspeciality in Urolog and Plastic Surgery are available. The Departirnents are manned by Post Graduate Qualified Speciaiist Doctors. Out of 104 only 22 Doctors are Medical Graduates and rest all are Post Graduate, Degree] Diploma Holder in their respective Fields.
i) There is one Grievance] Complaint Redressal Ofiicer as on date No Grievance of any OP is pending action.
Future 9131:: and Actions :
a) Remodeling and Face lifting of hospital and Equipping of the various department is being done at a cost of Rs. 16 1 crores.
b) There is plan to start Post Graduate Medical College] Under Graduate Medical Coilege and Research Centre along with Pare. Medical and Ministerial Stafl'. Actions are in progess to take up . .............. IJI anmu-m-ma niuri LUUK! OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA I-HGH C -37- all activities as per guidelines of MCI for establishing Medical College/Pest Graduate Courses.
ICU and Blood Bank facilities are being started.
ESIC has already advertised for appointment of regular specialists and IMOS on regular bases and it is expected to be finalised in coming months.
ISO 9001-2000 certification is under process and will be completed by September October ----- 2008.
CM}: Programine is regularly conducted. Staff is being sent on deputation for various training, workshops and conferences etc., to improve their technical skills.
Thus, it is clear from the status report that the speciliality Care in Medicine, Surgery, O13-(3, Orthopaedic, Pediatrics, Radio imaging, Pathology, Skin & STD, ENT, Eye, Uroiogr, Plastic Surgery Anaesthesia, Physiotherapy, Psychiatrist, Dental, Ayurveda and Yoga, etc. are available now in ESI Corporation Hospital.
According to respondents 1 to 3, Emergency, Care, M .. ..... . .......m-nu ur uwuuvnrnna HIGH COURT OF KARNATAKA FHGH COURT OF KARNATAKA I-HGH COURT OF KARNATAKA HIGH C .33- Diagnostic Facilities within hospital and with tie-up arrangements, Preventive, Promotive activities within and outside hospital, rehabilitative appliances, superspeciality through t:ie--up are made available. Yoga, health camps are under taken. Even the Specialities in Urolog, Burns and Plastic Surgery are availabie. It is also stated that Intensive Care Unit is likely to function shortly for which equipments have been ordered and training of manpower is completed. For the present, the institutions} tie~up arrangements are existing with M.S.Ramaiah Hospital and the same will be continued.
8. The contents of the status report filed in the form of the aifidavit duly sworn to Dr.A.K.Khokhar, Medical Superintendent of ESE Corporation Hospital, Rajajinagar, Bangalore, are recorded. We are satisfied with the status report submitted by respondents 1 to 3 narrating the details of the facilities avaiiabie and the proposed pian and action. We hope and trust that the nun ovum ur KAKNAIAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH Cl
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E31 Corporation Model Hospital will do its best in catering to the needs of the beneficiaries for up-«keeping the health, more particularly poor and down trodden who are unable to approach the private hospitals.
9. However, having regard to the totaiky of the facts and circumstances of the case, We deem it proper to appoint the Secretary of Kamataka State Lega} Services Authority, Bangalore, as co-ordinator, to over see periociicaily the functioning of BS1 Corporation Model Hospital, Rajajinagar, Bangalore, and to initiate action in accordance with law, including guiding the hospital and concerned authorities in the matter whenever the functioning of the E81 Corporation Hospital is not found satisfactory.
10. Accordingly, the following order is made:-
(i) The contents of the status report filed by respondents 1 to 3 in the form of the afiidavit dated /*/3 RNATAKA HIGH COURT OF KARNATAKA HIGH CI IIGH COURT OF KARNATAKA HEGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KA
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8.9.2008 duly sworn to by Dr.A.K.Khokhar, Medical Superintendent of ESI Corporation Hospital, Rajajinagar, Bangalore, are recorded. Respondents 1 to 3 shall do their best to further upgrade and up keep the hospital for better utilization of the beneficiaries more particularly the poor and downtrodden.
(ii) The Secretaxy of Karnataka State Legai Services Authority is appointed as co---ordinator to monitor periodically the functioning of ESI Corporation Mode} Hospital, Rajajinagar, Bangalore, and initiate action in accordance with law if the Secretary finds that the Hospital in question is not catering to the needs oi' the beneficiaries appropriately. He may also give necessary guidance and instructions to the third respondent, its ofiicials and all other concerned, whenever needed.
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Writ petition is disposed of with the aforesaid observations. .
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