GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Compassionate
Appointments on Medical Invalidation - Clarification in respect of the cases of
Government employees retired on Medical Invalidation during the period between
01.08.1996 and 09.06.1998 - Clarification - Issued.
-------------------------------------------------------------------------------------------------------------------
G.O.
Ms. No. 177, Dated:
12-04-2001
Read
the following:
1. G.O. Ms. No.214, G.A (Ser. A) Dept., dated 09.06.1998.
2. G.O. Ms. No.570, G.A (Ser. A) Dept., dated 17.12.1998.
3. From the Dist.
Collector, Khammam, Lr. Re. No. A2n073/98, Dt. 19.09.1998.
4. From the Joint
Collector, Hyderabad, D.O. Lr. No. A4/3948/98, Dt. 04.11.1998.
5. From the
District Collector, Hyderabad, Lr. No. A4/3948/98, Dt. 20.03.1999.
6. From the Dist.
Collector, Mahbubnagar, Lr. Re. No. 7130/96-E, Dt. 30.06.1998.
7. From the
District Collector, Mahbubnagar, Lr. No. A2/3320/98, Dt. 20.10.1998.
@@@@@
ORDER:
In
the G.O. first read above, orders have been issued prescribing suitable safeguards
and procedures duly constituting Medical Teams (Medical Boards), District Level
Committee of Officers and State Level Committee of Officers in order to, have a
greater scrutiny of all the proposals relating to retirement on Medical Invalidation
and consequential proposals for Compassionate Appointments on Medical Invalidation
in respect of the cases of Government employees in accordance with the
guidelines and conditions stipulated in the existing instructions on the scheme
to prevent the misuse of the Scheme.
2.
Among other things, in para (6) of the G.O. first read above, Government also
directed that the cases/proposals of Compassionate Appointments to the dependents
of Government employees who retired on Medical Invalidation that arose between
01.08.1996 and 09.06.1998 shall also be processed and disposed off as per the
orders issued in the aforesaid G.O. The Medical Certificates that were already obtained
earlier in these cases shall not be taken as criteria and the procedure laid down
in the revised orders shall be followed even in the cases that arose on or
after 01.08.1996. Further, it is also directed therein that only in the cases
of death of such Government employees in whose cases Medical Invalidation
Certificates were received on or after 01.08.1996 and orders of retirement on
Medical Invalidation were issued, the Medical Invalidation Certificates issued
earlier for such persons should hold good and the rest of the procedure as
envisaged in para 5(ii) to (viii) in those orders shall be followed.
3.
The District Collectors, Hyderabad/Khammam / Mahbubnagar, as well as Joint Collector,
Hyderabad for the reasons stated in their letters third to seventh read above,
have requested the Government to clarify the role of the District Level Committee
of Officers in respect of the cases that arose between 01.08.1996 and 09-06-1998
wherein the Government employees were already retired from service under
Medical Invalidation and the action to be taken by the Committees in such cases.
4.
The Andhra Pradesh Administrative Tribunal while disposing of O.A.No. 729/2fXXJ
in its order dated 08.09.2fXXJ directed the Secretary to Government, General Administration
Department to pass appropriate orders on the reference made by the District
Collector, Khammam, in his letter dated 19.09.1998.
5.
The Government after careful examination of the entire issue hereby order that
the role of the District Level Committee of Officers as well as State Level Committee
of Officers in respect of the cases that arose between 01.08.1996 and 09.06.1998
wherein the Government employees were already retired from service on Medical
Invalidation and the action to be taken by the Committees in such cases be as
follows:
(ii)
However, if the Medical board finds such Government employees fit for duty, the
consequences shall be that the Government employee who was earlier permitted to
retire during the period between 01.08.1996 and 09.06.1998 on false Medical
Certificate shall be treated as retired voluntarily from the date on which such
Government employee was already retired from service on Medical Invalidation
during the period between 01.08.1996 and 09.06.1998 and the concerned Appointing
Authority shall issue revised speaking orders accordingly under Rule 37 &
43 of the Andhra Pradesh Revised Pension Rules, 1980, as the case may be, and
Compassionate Appointments in such cases shall not be considered and such Government
Servant shall also be liable for disciplinary action as per the Rule 9 (2) (b)
of A.P. Revised Pension Rules, 1980 for having produced false Medical Certificate
earlier and intending to misuse the scheme for availing Compassionate Appointment
to his/her dependant. Similarly disciplinary action against the Doctors / Medical
Officers who have issued the earner false Medical Certificate shall also be
taken under the A.P. Civil Services (C.C.A) Rules, 1991 if, such Doctor or Doctors
are in service or under Rule 9 (2) (b) of A.P. Revised Pension Rules, 1980 if,
they were retired from service, as the case may be"
6.
This orders issues with concurrence of Finance & Planning (FW -Pen. I) Department
vide their U.O. No. 1296/55/A2/Pl/01, dated 12-04-2001.
(By order and in the name of the Governor of Andhra
Pradesh)
G.S.R.C.V.
PRASADRAO
Secretary
to Government
