Delhi High Court: A Division Bench of D.N. Patel, CJ and Prateek Jalan, J., has taken cognizance of the news item published in few newspapers and news channels with regard to non-payment of salary to Resident Doctors of Kasturba Hospital and Hindu Rao Hospital/

Court noted the news items pertaining to the non payment of salary to the Resident Doctors of Kasturba Hospital and Hindu Rao Hospital situated at Delhi. Due to non-payment of salary for last three months, the resident doctors intend to either resign en masse or go on strike, published in the following newspapers/ news channel:

  • ANI
  • Aaj Tak
  • DNA
  • Hindustan Times
  • Amar Ujala
  • The Hindu
  • The Indian Express
  • Huffpost India

Standing Counsel, Akhil Mittal for respondent submitted that the resident doctors i.e. Junior Residents, Senior Residents and PG Doctors since March, 2020  have not been paid salaries due to financial constraints.

Counsel appearing for respondents 5, 6 and 7 has submitted that there are total of 370 Resident Doctors at Hindu Rao Hospital and 97 resident doctors at Kasturba Hospital.

It is assured by the respondent 5 that the payment of outstanding salary for the month of March, 2020 be paid to Junior Residents, Senior Residents as well as to PG doctors on or before 19th June, 2020.

Additional Solicitor General of India for respondent 3 and 4 submitted that they have already disbursed the legally payable amount to North Delhi Municipal Corporation in the month of May, 2020.

Nonetheless, they are ready to disburse an additional amount for payment of salary to the resident doctors. ASG assured that the amount shall be disbursed by 18th June, 2020.

Outstanding payment will be cleared for the months of March and April, 2020 to the resident and PG doctors of Hindu Rao Hospital and Kasturba Hospital as well as other hospitals listed.

Court further directed that as far as the payment of outstanding salary of March, 2020 is concerned, same shall be given to the Junior Residents, Senior Residents and PG Doctors in their bank accounts on 19th June, 2020.

Withe regard to payment for the month of April, 2020, same shall be made to all the resident doctors on or before 24th June, 2020.

Bench stated that without committing any violation, respondent 5 is expected to follow the aforesaid directions and the amount given by GNCTD for payment of salary for April, 2020 shall be utilized only for that specific purpose and for no other.

Thus, adjustment of the accounts can always be done at later stage but the salary is required to be paid on priority to the resident doctors.

This arrangement has been made as a special case for the resident doctors keeping in mind the non payment of salary since March, 2020 considering the current pandemic situation.[Court on its own motion v. UOI, 2020 SCC OnLine Del 647, decided on 12-06-2020]

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