Court Calls for Amendments to Pension Rules to Retain Physicians
The Orissa High Court has urged the Department of Health and Family Welfare, Government of Odisha, to amend the Odisha Civil Services (Pension) Rules, 1992, to curb the mass exodus of government doctors opting for voluntary retirement.
Expressing concern over the alarming rate of doctors leaving service, Justice Sanjeeb Kumar Panigrahi emphasized that this trend is not just an administrative issue but a looming public health crisis that could severely impact the state’s healthcare system.
Case Background
The issue arose when Dr. Snigdha Prava Mishra, a professor at MKCG Medical College, was transferred to SRM Medical College, Bhawanipatna, in 2024. Unhappy with the transfer, she requested relocation to Shri Jagannath Medical College, Puri. After her request was denied, she applied for voluntary retirement on health grounds, but the review committee rejected it due to a shortage of doctors. She then challenged this decision in the High Court.
Court’s Observations on Voluntary Retirement
The Court examined whether a government doctor has an absolute right to retire after completing 20 years of service under Rule 42 of the 1992 Rules or if the state can deny such requests in the public interest. Citing the Supreme Court’s ruling in State of Uttar Pradesh & Ors. v. Achal Singh (2018), the Court noted that voluntary retirement can be denied if it affects essential public services.
Similarly, in State of West Bengal & Ors. v. Madhab Sarkar (2023), the Calcutta High Court refused a doctor’s voluntary retirement, stating that approving such requests indiscriminately would harm public health, given the severe shortage of doctors in government hospitals.
Justice Panigrahi stressed that doctors, like judges, serve a critical public function and their exit weakens the healthcare system. He pointed out that while some states have strict policies restricting voluntary retirement, Odisha’s pension rules lack similar safeguards.
Need for Systemic Reforms in Healthcare
While acknowledging the issue of doctors leaving service, the Court also recognized systemic shortcomings that contribute to their dissatisfaction, such as poor working conditions, excessive administrative burdens, and lack of mental health support.
To address these concerns, the Court issued several key recommendations:
- Fair Compensation: Doctors’ salaries must be equitable, transparent, and aligned with healthcare priorities.
- Work-Life Balance: Schedules should be flexible to prevent physician burnout.
- Involvement in Decision-Making: Doctors should have a say in policy and operational decisions.
- Adequate Staffing: Healthcare institutions must employ sufficient support staff to reduce physicians’ administrative workload.
- Technological Support: Digital tools should be introduced to ease documentation burdens.
- Mental Health Programs: Specialized programs should be developed to address physician burnout and promote well-being.
- Regular Workplace Reviews: Periodic assessments must be conducted to address doctors’ concerns regarding work conditions and administration.
Directive to Amend Pension Rules
The Court dismissed Dr. Mishra’s petition but instructed the Odisha government to amend the OCS (Pension) Rules, 1992, within three months, ensuring they align with policies in other states to retain doctors in government service.
By taking proactive steps to improve healthcare infrastructure and working conditions, the government can ensure that doctors remain in public service, ultimately benefiting the broader population.
