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Kerala HC Says No To Plea For Bringing Back COVID Affected Nurses From Other States

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The High Court of Kerala taking note of the fact that State Government has already intervened for ensuring safety of nurses in other States amid lockdown, disposed of the petition filed by ‘Nurses Union’ while directing it to approach the concerned nodal officer appointed by the Govt. to redress their grievance.

The Division bench comprising of Justice PV Asha and Justice Shircy V, was hearing a petition filed by ‘United Nurses Association’ who submitted that the COVID affected Nurses and Nurses who are likely to be affected with COVID, are not being  provided with any facilities for medication, testing, quarantine, food, etc in other States.

The petitioners further submitted that while the  Nurses in the State of Kerala are being given due care, their counterparts in other States are completely neglected and are struggling to pull on.

The bench however observed that the Petitioner had only projected its general grievance that there are several Nurses who are not getting medication in various States without providing details of the affected  Nurses.

Mr. CGC Suvin R Menon, appearing for the State Government submitted that the Secretary to Department of Health and Family Welfare had  addressed the Chief Secretaries and Secretary to Health Department of all the States informing that adequate measures are taken for ensuring the safety of health persons and requested them to disseminate those measures adopted by the Government to all the health professional in the Government and private hospitals/medical colleges

“Moreover the Government has announced an accidental insurance cover of Rs.50 lakhs for 2200 for 22.12 lakh health care workers who may be drafted for services for COVID-19 persons under the Pradhan Mantri Gareeb Kalyan Package. The benefit of this would be available to the Nurses in all the States including Kerala”, submitted Suvin Menon.

It was further submitted that the Nurses who are affected or likely to be affected in another States can approach the Nodal Officers designated by each state under the Disaster Mangaement Act, in the event they are not getting proper care or medication and those Nodal Officers would be able to intervene in the matter and  take appropriate action.

While, Disposing of the petition the bench observed that since the government has already intervened for ensuring the safety of the Nurses in other States, “the petitioner Association or the members of the family of the affected Nurses would also be free to approach the concerned Nodal Officers including the Nodal Officer of the State of Kerala to redress their grievances and the matter will be duly looked into and taken care of by the Government of Kerala as well as Government of India.”

-India Legal Bureau

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