GO.Ms.No:69, Dt:28-02-1998 | Compassionate Appointments - Medical Invalidation

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services - Subordinate Services - Compassionate appointment of son / daughter / spouse of the Government employees who retire on Medical Invalidation - Prior approval of Government - Further orders - Issued.
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GENERAL ADMINISTRATION (SER.A) DEPARTMENT
 
G.O.Ms.No.69                                                                                                              Dated: 28-02-1998
 

Read the following :

1. G.O.Ms.No. 504, G.A. (Ser.A) Dept., dt. 30.7.1980

2. G.O.Ms.No. 309. GA (Ser.A) Dept. dt. 4.7. I 985.

3. D.O.Lr. No. 347/Ser.A/ 96-1, GA (Ser.A) Dept., dt. 31.7.96.

4. D.O. Lr.No. 347/SER.A/96-2,GA (Ser.A) dept., dt 31.7.96

5. Govt Memo. No. 347/SER.A/96-9,GA (Ser.A) Dept. dt. 15.3.97

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O R D E R:

In the G.Os first and second read above, Government issued orders for appointment of a son/daughter/spouse of the Government Employees who retire from service on Medical Invalidation under Article 441 of the A.P. Pension Code (volume.I) subject to certain conditions specified therein, including a restriction that this benefit would be applicable to only those Government Employees who retire on medical invalidation 5 (five) years before the employees attain the age of superannuation.
 
2. In Government Memo. fifth read above. While rescinding the instructions issued in the D.O. letters third and fourth read above, Government directed that all the proposals of compassionate appointments to the dependents of Government employees who retire on Medical Invalidation that were pending in full shape as on 31.7.1996 and medical certificates were already obtained be considered and disposed off  by the concerned appointing authorities themselves strictly as per the orders/ instructions issued on the scheme of compassionate appointments on medical invalidation. Further in the Government Memo. sixth read above, it has been clarified that in addition to the proposals of compassionate appointments to the dependents of Govt. employees who retire on Medical Invalidation as on 31.7.1996, the cases of compassionate appointments of the dependents of the Government employees in which the Medical Invalidation certificates of the Government Employees have been received on or before 31.7.96 in the respective Departments / Offices may also be considered and disposed off by the concerned appointing authorities as per the orders/instructions issued on the scheme though such Government Employees were permitted to retire on or after 1.8.1996 due lo administrative reasons. In respect of the cases / proposals for compassionate appointments under the scheme in question that arose on or after 01.8.1996, it has been decided that instructions will be issued separately and accordingly the same has been intimated in the Government Memo. Fifth & sixth read above.

3. In all other cases that arose on or after 1.8.1996 and also to have a greater scrutiny of all the proposals relating to the compassionate appointments on Medical Invalidation and also to minimise large scale misuse of this facility in undeserving cases. The issue was discussed further by the Government with the Employee's Unions/Associations to find out the modalities for revising the scheme of compassionate appointments on Medical Invalidation. The Unions / Associations requested that the scheme of compassionate appointments on Medical Invalidation shall be continued and be made fool proof to avoid any misuse.

4. Government have reviewed the scheme of compassionate appointments of the dependents of the Government employees who retire on Medical invalidation and decided to continue the scheme with suitable safeguards to prevent the abuse of the scheme. Accordingly, the Government have decided that no appointment orders lo the dependents of such of those employees who retire on Medical grounds should be issued straight away as per the instructions issued from time to time on the scheme in question. Each case of appointment under the scheme of compassionate appointment on Medical Invalidation would be on the basis of recommendation of the District Level Committee officers which in turn will be based on the recommendation of the Medical Report of a team of Doctors. The recommendations of _the District Level Committee will be examined by a State Level Committee of officers and finally the proposal shall be placed before the Council of Ministers for approval and only after obtaining prior approval of the Government such appointment should be made.

5. Accordingly, in partial modification of the orders issued in the G.O. first read above on the scheme of compassionate appointments to the dependents of Government employees who retire on medical invalidation, the following orders are issued:
 
(i) At District level. a team of doctors shall furnish the Medical Report to a District Level Committee of Officers. Accordingly, Government hereby constitutes the medical team (medical Boards) as follows

(a) Where there are teaching hospitals, other than Ranga Reddy and Hyderabad Urban Districts. the Medical team (Medical Board) shall consist of the Superintendent of the Government General Hospital and two doctors of the cadre of Civil Surgeon, nominated by the Superintendent of Government General Hospital, among them one should be a specialist in the disease / illness with which the employee is suffering and seeking Medical Invalidation and in case of a lady employee seeking medical invalidation, of the two Civil Surgeons, one should be a lady Civil surgeon.

 

(b) In the case of Ranga Reddy and Hyderabad Urban Districts, the Medical boards already existing in Osmania General Hospital and Gandhi General Hospital shall constitute the team of doctors (medical boards) respectively.

(c) In all other districts, the District coordinator of the District Headquarters Hospital of Andhra Pradesh Vaidya Vidhana Parishad and two Civil Surgeons nominated by the District Co-ordinator of whom one shall be from the speciality of the disease with which the employee is suffering from, shall constitute the medical team. In case it is a woman employee seeking medical invalidation, of the two Civil Surgeons, one should be lady civil Surgeon. Also, where the District Headquarter Hospital of Andhra Pradesh Vaidya Vidhana parishad does not have necessary expertise to decide the matter for want of the concerned specialist doctor it may refer the case to the nearest teaching hospital for obtaining their opinion before making their recommendations.

 

(d) As and when a Government employee seeks and applies for retirement on Medical grounds, the concerned appointing authority shall refer the case to the team of Doctors (Medical board)

mentioned above.

 
(ii) The appointing authority, under whom the employee seeking medical invalidation is working, shall, after receipt of the Medical board's recommendations, refer the matter to a District Level Committee of officers for scrutiny and its recommendations. Government hereby, constitute the District Level Committee of officers with the following:

 

1. District Collector                            - Chairman.

2. Joint Collector                                - Member

3. District Medical & Health Officer - Member.

4. District Revenue Officer                 - Member / Convenor.

 
The District Head of the office under which the employee is working shall be a special invitee.

 

(iii) The recommendations of the District Level Committees shall be examined by a State Level Committee for scrutiny and for making its recommendations in the matter. Accordingly, the State level Committee of Officers is hereby constituted with the following:

  
1.                   

Spl. Chief Secretary to Government
nominated by the Chairman 

2.                   

Prl. Secretary/Secretary to Govt., Health Medical & Family Welfare Department

Member. 

 

3.                   

Director of Medical Education.

Member. 

4.                   

Dy. Secretary/Joint Secretary/ Adl. Secretary to Government, HM&FW Department

Member/Convenor.

The Secretary to Government of the concerned Department in which the employee seeking invalidation is working shall also be invited as a special invitee to participate in the meeting.

(iv) The District Collectors who are heading the District Level Committees, shall send their reports t& the Health Medical & Family Welfare Department in Secretariat for placing their recommendations before the State Level Committee of Officers for their consideration and recommendations.

(v) In cases of Government employees of Heads of Departments / Secretariat Departments, the proposals shall be placed before the State Level Committee of Officers directly through Health Medical and Family Welfare Department in Secretariat, based on the recommendations of the Medical Board.

(vi) The Convenor of the State Level Committee of Officers shall send the recommendations of the State level Committee in each case to the concerned principal Secretary / Secretary to Government of the administrative Department who shall take necessary action to place each proposal before the Council of Ministers, following due procedure, for their consideration.

(vii) Only after obtaining the approval of the Council of Ministers, the concerned Prl. Secretary / Secretary of the concerned Department shall issue necessary orders permitting the concerned appointing authorities to retire the employee on grounds of Medical Invalidation and also allowing the appointment of the dependents of such Government Employees who are permitted to retire on Medical Invalidation, as per the other existing instructions on the scheme.

(viii) Only after receipt of the prior approval of the Government, the appointing authorities are permitted to retire the employee on the grounds of Medical Invalidation and to issue the appointment orders to the dependents of the Government Employees who retire on Medical Invalidation and no appointment under the scheme shall be made by the appointing authorities without specific prior approval of the Government.

6. Government also direct that the cases / proposals of compassionate appointments to the dependents of Government Employees who retire on Medical Invalidation that arose between 01.08. 1996 and to date shall also be processed and disposed off as per these orders. The Medical Certificates that were already obtained earlier in these cases shall not be taken as criteria and the procedure laid down in these revised orders shall be followed even in the cases that arose on or after 01.08.96. Further, only in the cases of death of such Government employees in whose cases

Medical Invalidation Certificates were received on or after 01.08.96 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 these orders shall be followed.

7.  All the Departments of Secretariat / all the Heads of Departments / all the District Collectors and all the appointing authorities shall follow the above instructions scrupulously without any deviation.

 

8. Necessary amendments to the Article 442 of A.P. Pension code and to the Business Rules & Secretariat Instructions shall be issued separately by Finance & Planning (FW) Department and G.A. (Cabinet) Department respectively.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 
N.V.H. SASTRY,

SECRETARY TO GOVERNMENT.


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