No legal standing: Bengal government rejects doctors' mass resignation over Kolkata rape-murder case

The West Bengal government on Oct 12 rejected the mass resignation of doctors from state-run hospitals over the Kolkata rape-murder case saying the resignations are an individual matter between the employee and employer, as per the rule book and such collective letters have “no legal standing.”

Addressing a press conference, Chief Advisor to West Bengal Chief Minister Mamata Banerjee, Alapan Bandyopadhyay said, “There has been confusion recently regarding the so-called resignation of senior doctors working in government medical colleges and hospitals. We have been receiving certain letters, which do refer to mass resignation as a point of reference.”

“Certain pages without any mention of the subject have been annexed to such letters. Those annexed subjectless papers do indeed contain some signatures without the designations mentioned. These mass resignations, as they are being described, actually have no legal value...This kind of generic letter has no legal standing,” he added.

Bandyopadhyay dismissed the resignations as a "misconception," and added, “Resignations are not legally valid as they were not submitted on an individual basis.”

"Unless an employee sends in his/her resignation personally to the employer as per service rules, it is not a resignation letter," said Bandyopadhyay.

Over 200 senior doctors from state-run medical colleges and hospitals in West Bengal including R G Kar Medical College Kolkata reportedly resigned en masse on Oct 7, sparking a wave of support from doctors at the College of Medicine and Sagore Dutta Hospital and Institute of Post Graduate Medical Education and Research (PGMER).

A group of junior doctors have already been on a fast-unto-death since Oct 5, demanding justice for their murdered colleague at the RG Kar hospital.

The doctors have blamed the West Bengal government for allegedly delaying justice and not taking proper security measures to ensure the safety of health workers at workplaces.

The condition of the fasting doctors has worsened, with fellow medics claiming their health parameters are "declining."
Two of the fasting junior doctors on Oct 11 alleged that the Kolkata police had been exerting pressure on their family members to persuade them to withdraw from their hunger strike.

Pertinently, the junior doctors had called off their 'total cease work' at state-run medical colleges and hospitals on Oct 4, but they again went on strike the other day claiming the government was “not serious” in addressing their demands.

The ongoing agitation also prompted the Federation of All India Medical Associations (FAIMA) on Oct 11 to warn of a nationwide "complete shutdown of medical services" if any harm was caused to the protesting junior doctors.

Meanwhile, the Indian Medical Association (IMA) recently urged Chief Minister Banerjee to intervene in the situation and take action before the situation worsens. Also, 38 doctors of Arambagh Medical College and Hospital on Oct 12 decided to go for mass resignations to express solidarity with their junior counterparts, PTI quoted an official as saying.

‘Resignations symbolic’

ome senior doctors were quoted as saying that their resignations were symbolic and were meant to exert pressure on the state government to meet the demands of their junior colleagues. They had also warned, however, that they could submit individual resignations if the government ignored the demands of junior doctors.

Dr Sunit Hazra, an orthopaedic surgeon at RG Kar Medical College and Hospital said that the resignations were intended to get the government to engage in discussions with the junior doctors.

"Our resignation is symbolic, aimed at prompting the government to engage in discussions. We do not want the patients to suffer. We are treating them and will continue to do so because it is our duty and we are morally obliged to do that," PTI quoted her saying on Oct 9.

Dr Hiralal Konar, joint convener of the joint platform of doctors of West Bengal, was quoted as saying, "This mass resignation has become viral among doctors after seeing the state government unmoved even when a few young doctors are on fast unto death. We are waiting for the state government to come forward and address the issues at the earliest so that there is no life threat to those on hunger strike."

Another doctor was quoted as saying that if the state government wanted, they would submit individual resignations at a later stage. He also asked who would take responsibility if something happened to the fasting doctors.