6) G.O.Ms.No.202, G.A.(Ser.A) Department, Dated 27.4.2002.
7) G.O.Ms.No.203, G.A.(Ser.A) Department, Dated 27.4.2002.
8) G.O.Ms.No.305, G.A.(Ser.A) Department, Dated 17.7.2002.
9) G.O.Ms.No.44, G.A. (Ser.A) Department, Dated 17.2.2003.
10) G.O.Ms.No.251, G.A.(Ser.G) Department, Dated 28.8.2004.
11) G.O.Ms.No.100, G.A.(Ser.G) Department, Dated 3.3.2005.
12) Suo-moto contempt of Hon’ble High Court Dated 12.10.2001.
13) G.O.Ms.No.246, G.A.(Ser.G) Department, Dated 30.5.2006.
14) G.O.Ms.No.124, P.R.&R.D.(Mdl.II) Department, Dated 2.4.2008.
15) The judgment of Hon’ble Supreme Court of India in Civil Appeal No.4210/2003 filed by V.Sivamurthy with CA Nos.4208-4209, 4213, 4226 of 2003, Dated 12.08.2008.
@@@@@
O R D E R: -
In the
reference first read above, the Scheme of compassionate appointments to the
dependents of Government employees who retired on medical invalidation was
introduced in the State. The appointments under the scheme were to the post of
Junior Assistant or to a post whose pay scale is equal to or less than to that
of Junior Assistant.
2. In the
reference second read above, the benefit of compassionate appointments was
confined to the cases
where Government servants retire on medical grounds five years before attaining
the age of superannuation irrespective of the age of superannuation prescribed
for the posts and services.
3. In the reference
third read above, orders were issued prescribing suitable safeguards and
procedures duly constituting the Medical Teams, District Level Committee of
Officers and State Level Committee of Officers to prevent any misuse of the
scheme of compassionate appointments to the dependents of Government employees
who retire on Medical invalidation.
4. In the
reference fourth read above, it was clarified that the benefit of compassionate
appointment will be applicable only to those Government employees who retire on
Medical Invalidation five years before they attain the age of superannuation.
Therefore, the required period of five years of left-over service is to be
reckoned from the date of issue of orders of retirement on Medical invalidation.
It is further clarified that in cases where the Government employees who do not
have five years of service before they attain the age of superannuation at the time
of considering such cases by the State Level Committee or District Level
Committees, the respective Committees, after scrutiny of Medical Invalidation
Certificates in those cases, may recommend only for retirement of such
Government employees on medical invalidation as per the certificate issued by
the Medical Board.
5. The Full
Bench of the Hon’ble High Court of Andhra Pradesh in its common Judgment dated 12.10.2001 in
W.P.No.13489/2000 held that the appointment on compassionate grounds on Medical
Invalidation does not satisfy the requirement of Article 16 of the Constitution
of India and any policy decision taken by the State is unconstitutional.
6. In the
references sixth to eighth read above, orders were issued dispensing with the scheme
of compassionate appointment in Medical Invalidation cases. The issue was
examined by the Cabinet Sub-Committee on service matters based on several
representations, keeping in view of the hardship pleaded by the Government
employees who retired on medical invalidation, the Cabinet Sub-Committee on
service matters in its meeting held on 23.01.2003 made certain recommendations
to consider appointment to the post of Panchayat Secretary on contract basis
with a basic pay of Rs.2870/- + H.R.A. + D.A. to the dependents of Government
employees who retired on medical invalidation before issue of G.O.Ms.No.202, G.A.(Ser.A)
Department, dated 27.4.2002.
7. In the
reference 9th read above, the cases of dependents of Government employees who
retired on medical invalidation and whose cases could not be considered by
27.4.2002 were considered for appointment on contract basis to the post of
Executive Officer, Special Category-V (Panchayat Secretary) under Rule 9 of
A.P. State and Subordinate Service Rules, 1996.
8. In the
reference 10th read above, orders were issued to consider the dependents of Government
employees who retired from service on medical invalidation before 27.4.2002,
for appointment to the post of Panchayat Secretary on contract basis, taking
into consideration the date of issue of medical invalidation certificate for
reckoning the left-over service of 5 years from the date of issue of medical
invalidation certificate.
9. In the G.O.
11th read above, orders were issued that the dependents of Government employees
who retired on medical invalidation before 27.4.2002 and who possess the academic
qualification below 10th class only shall be considered for appointment to any
of the posts in A.P. Last Grade service on contract basis and on fixed pay of
Rs.2600/- p.m.
10. In the
G.O. 13th read above, orders issued in G.O.Ms.No.44, G.A.(Ser.A) Department, dated
17.2.2003 and G.O.Ms.No.100, G.A.(Ser.G) Department, dated 3.3.2005 were withdrawn.
11. Aggrieved
by the above orders, certain Panchayat Secretaries have approached Hon’ble APAT
and APAT rejected the request of the applicants. Further, the applicants approached
Hon’ble High Court and the Hon’ble High Court in its interim order dated 19.12.2007
in W.P.M.P.No.18401/2007 in W.P.No.14637/2007 and batch cases have directed the
respondents to consider the cases of petitioner for appointment as Panchayat
Secretaries / V.R.Os / J.As and made it clear that such appointments shall be
purely on “contract basis”, as they were originally appointed and continuing.
12. In the
reference 14th read above, the 1198 terminated Panchayat Secretaries were appointed
on contract basis based on the interim orders of Hon’ble High Court dated 19.12.2007
in W.P.M.P. No.18401/2007 in W.P.No.14637/2007 and batch cases.
13. The
Hon’ble Supreme Court of India, in V. Siva Murthy V/s State of Andhra
Pradesh in (Civil appeal No 4210 of 2003 with CA.Nos.4208-4209, 4213, 4226
of 2003, Dated 12.08.2008) upheld the scheme of compassionate appointment to
the dependents of Government employees who retired on Medical invalidation and
held among others, as follows:
“We therefore, allow these appeals, set aside the
judgment of the High Court (dated 12.10.2001). We also set aside the orders of
the Tribunal though on different grounds. We uphold the validity of the
compassionate appointment scheme (contained in G.O.Ms.No.504, G.A.(Ser.A) Department,dated 30.7.1980, G.O.Ms.No.309, G.A.(Ser.A) Department, dated 4.7.1985 and
G.O.Ms.No.214, G.A. (Ser.A) Department, dated 9.6.1998, as clarified in Govt.Memo.No.36299/Ser.A/99 dated 25.6.1999) providing that the period of five years
of left over service should be reckoned from the date of issue of the order of
retirement on medical invalidation and not from the date of application for
retirement on medical invalidation.
As the scheme was withdrawn by Govt. Memo. Dated
27.4.2002, to give effect to the impugned decision of the High Court, the state
Government is at liberty to revive the scheme with or without modifications”.
14. After
careful consideration, Government issue the following orders on reviving the scheme
of compassionate appointments on medical invalidation of Government employee.
1. This concession of compassionate appointment shall be allowed only in exceptional
cases where the appointing authority is satisfied that the condition of the
family is indigent and in great distress and when there is no other earning
member in the family. The word “family” consists of the members as defined in
sub-rule 12(b) of Rule 50 of A.P. Revised Pension Rules, 1980.
2. The candidate eligible for appointment under this measure shall be the
spouse of the Government servant or any one of the dependent children of the employee
who retired on medical grounds.
3. The eligible person shall be appointed to the post of Junior Assistant or equivalent
post or any other lower post.
4. Applications for appointment from such persons shall be entertained within
a period of one year from the date of retirement of Government servant on medical
invalidation.
5. The compassionate appointments shall be treated as direct recruitment and temporary
appointments to start with.
6. The candidates to be appointed on compassionate grounds under these schemes
shall possess the age and other qualifications as per rules in force.
7. The temporary appointment of a spouse or child can be considered for regular
appointment without subjecting them to the normal process of recruitment.
However;
a)
A formal notification of vacancy shall be made to the
Employment Exchange.
b)
After filling up the vacancy, the appointing authority
will furnish all relevant particulars of the candidate to the Employment
Exchange.
c)
Such appointments should be made under intimation to the
Director of Employment and Training excepting in case of High Court.
15. The
appointments on compassionate grounds under this scheme shall be in the same
unit of appointment. While making these appointments the provisions contained
in the Andhra Pradesh Public Employment (Organization of Local Cadres and
Regulation of Direct Recruitment) order, 1975 (Presidential Order on SPF) shall
be applicable. The benefit of compassionate appointment on medical grounds
shall be confined to the cases, where Government servants retired on medical
ground, shall have left over service of 5 years before attaining the age of
superannuation irrespective of the age of superannuation prescribed for the
posts and services. The required period of 5 years of left-over service is to
be reckoned from the date of issue of orders of retirement on medical
invalidation.
16. The
appointing authority on receipt of the application from the Government employee
for retirement on Medical Invalidation, shall refer the case to the Medical
Board.
(i) At District level, a team of
Doctors shall furnish the medical report to a District Level Committee of
officers. Accordingly, Government hereby constitute 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 Govt. 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 a 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 Board)
respectively.
(c) In all other districts, the District Co-ordinator of
the District Head Quarters Hospitals of Andhra Pradesh Vidya 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 Head Quarter Hospital of Andhra Pradesh
Vidya 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.
(e) The Medical Board shall give its report based on the
detailed clinical examination and relevant investigations in a Govt.
Hospital/Govt. Institutions like NIMS, SVIMS etc.
(f) The benefit of compassionate appointment shall be
extended in case where a Government servant totally cease to be employable and
become a burden on his family i.e., when a Government servant is totally
incapacitated on account of serious illness / accident.
(g) Accordingly, the disease for which medical
invalidation shall be allowed may be any one of the following: -
1. Paralysis
(i) All 4 limbs
(ii) One side upper limb and lower limb
(iii) Both lower limbs
2. End stage Renal diseases
3. End stage Liver diseases
4. Cancer with metastasis stage or secondaries
5. Dementia – Mental Disorder
6. Severe Parkinson disease
7. Loss of limbs (hands or legs) in case of drivers.
(ii) The appointing authority under
whom the employee seeking medical invalidation is working, shall, after receipt
of the Medical Boards recommendations refer the matter to a District Level
Committee of officers for scrutiny and its recommendations. Government hereby constitute
the District Level Committee of the officers with the following: -
1. District Collector …. Chairman.
2. The District Medical & Health Officer …. Member.
3. The District Head of the Department in …. Member/ Convener.
which the employee is seeking retirement
on Medical Invalidation.
The District Level
Committee shall consider the Medical Invalidation report given by the Medical
Board constituted in para 16 (i) above and scrutinize the proposal for
compassionate appointment on Medical Invalidation strictly in accordance with
the guidelines and conditions stipulated in the existing instructions on the
scheme. The committee is also competent to seek at its discretion personal
presence of the employee seeking retirement on medical invalidation before
considering the proposal.
(iii) For scrutiny and for
making recommendations in respect of cases of Government employees of Heads of
Departments/Secretariat Departments, a State Level Committee of officers is
hereby constituted with the following: -
1. Special Chief Secretary / … Chairman.
Principal
Secretary to Government
Nominated
by the Government
2. Principal Secretary / Secretary to Govt.,
… Member.
Health Medical & Family Welfare Dept.
3. Principal Secretary / Secretary to Govt., …
Member.
of the Department in which the employee
is seeking retirement on Medical Invalidation
4. Principal Secretary / Secretary to Govt., …
Member.
Finance Department.
5. Principal Secretary / Secretary to Govt., …
Member.
G.A. (Ser.) Department.
6. Secretary to Govt., Law Department. …
Member.
7. Director of Medical Education … Member.
8. Dy.Secretary / Jt.Secretary / Addl. … Member/ Convener.
Secretary to Government, HM&FW Dept.
The State Level Committee shall consider the medical
invalidation report given by the Medical Board constituted in para 16 (i) above
and scrutinize the proposal for compassionate appointment on Medical Invalidation
strictly in accordance with the guidelines and conditions stipulated in the
existing instructions on the scheme.
(iv) The District Collectors who are
heading the District Level Committees shall send the recommendations of the
District Level Committees to the concerned District Head of the Department.
(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 H.M. &
F.W. Department in Secretariat based on the recommendations of the Medical
Board.
(vi) In respect of employees working
in the Heads of Departments / Secretariat Departments, the Convener of State
Level Committee of officers shall send the recommendation of the State Level
Committee in each case to the concerned Prl.Secretary / Secretary to Government
of the Secretariat Department or to the Heads of Departments concerned for
issue of appropriate orders.
(vii) Only where the State
Level Committees of officers makes a clear recommendation for retirement on
medical invalidation, the concerned Department of Secretariat, Head of the
Department shall issue necessary orders permitting the Government employees to retire
on grounds of medical invalidation and to appoint the dependents, such Government
employees who are permitted to retire on medical invalidation as per the other
existing instructions on the scheme. Such compassionate appointments will be confined
only to the Department in which retirement of the employee on medical invalidation
was ordered. In case of Departments of Secretariat, it is Single Unit except Law
and Finance Departments.
17. The
compassionate appointments on medical invalidation shall be limited to 5% of Direct
Recruitment vacancies in a unit of appointment.
18. All such
cases where appointments under medical invalidation grounds were made, must be
reported in detail by the District Head of the Department along with copies of
the orders justifying the appointment orders under medical invalidation to the
concerned Administrative Department in Secretariat.
19. 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.
20. Necessary
amendments to the Article 442 of Andhra Pradesh Pension Code shall be issued
separately by Finance (Pension) Department.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
P. RAMAKANTH REDDY,
CHIEF SECRETARY TO GOVERNMENT.
To
All
Departments of Secretariat.
All Heads of
Departments.
All District
Collectors in the State.
All District
Judges in the State.
All Chief
Executive Officers, Zilla Parishads in the State.
All Principals
of Medical Colleges in Andhra Pradesh.
All
Superintendents of Government General Hospitals.
All Dist.
Coordinators of Hospitals, Dist. Head Quarters Hospitals.
The Finance
(Pension) Department.
The Law (LSP)
Department.
The HM &
FW Department.
The G.A.
(Cabinet/IC) Department.
Copy to:-
Prl. Secretary
to Government, HM&FW Department.
Prl. Secretary
to Government, Finance Department.
Secretary to
Government, Law Department.
P.S. to Chief
Secretary to Government.
P.S. to Prl. Secretary
to Chief Minister.
The Director
Medical Education, AP Hyderabad.
The Accountant
General, A.P. Hyderabad.
The Secretary,
APPSC, Hyderabad.
The Advocate
General, High Court of A.P., Hyderabad.
The Govt. Pleader
for Services, High Court of A.P., Hyderabad.
The Govt.
Pleader for Services, A.P. Administrative Tribunal, Hyderabad.
SF / SC.
// Forwarded
:: By Order //
SECTION OFFICER.
