Memo.No:43285, Dt:16-05-2003

GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER. A) DEPARTMENT
 
Memo. No. 43285/Ser. A/2003-1.                                                                           Dated: 16-05-2003.
 
Sub: Public Services - Appointments on contract basis - Appointment to the post of Panchayat Secretary to the dependents of Government employees who retired from service on Medical Invalidation before 27.04.2002 - Certain Clarification - Issued.

Ref: From the District Collector, Khammam Letter Rc.No. A2/ 1008/2003, Dated: 23.04.2003.

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The attention of the District Collector, Khammam District is invited to the reference cited and with reference to the points raised in the letter, clarification is issued as follows:

Sl. No.

POINTS

REMARKS

(1)

(2)

(3)

01.                

The Government vide their Memo. No.347/Ser. Al/969, Dated: 15.03.1997 have issued orders that all the proposals of Compassionate Appointments to the dependents of Government Employees who retire on Medical Invalidation that were pending in a full shape as on 31.07.1996 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.  But the Appointing Authorities have neither considered the orders issued in their appointments nor referred to the District Level Committee constituted under G.O. Ms. No. 214, G.A (Ser. A) Dept. Dated: 09.06.1998. But now the Appointing Authorities are referring the cases to consider in terms of G.O. Ms. No. 44, G.A. (Ser. A) Dept. Dated: 17.02.2003 stating that the candidates are retired on or before 3l .07.1996. It is, therefore, requested to issue clarification whether to consider these cases in terms of G.O.Ms. No. 44, G.A.(Ser. A) Dept. Dated: 17.02.2003 or not?

 

Since the prescribed procedure as per the orders issued in the Memo No. 347/Ser. A/96-9, Dated: 15.03.1997 and G.O. Ms. No. 214, G.A. (Ser. A) Dept. Dated: 09.06.1998, was not followed, the orders issued in G.O. Ms. No. 44, G.A. (Ser. A) Dept. Dated: 17.02.2003 are not applicable.

 

02.                

It is submitted that the Govt. vide their G.O. Ms. No. 76, M.A. Municipal Administration and Urban Development (L3) Department, Dated: 27.01.1999 G.O.Ms.No.44, G.A. (Ser. A) Dept. have extended the benefits issued in G.O.Ms.No.214, G.A. (Ser. A) Dept. Dated: 09.06.1998 to the employees Municipalities / Municipal Corporations with effect from 09..06.1998). The cases of the employees were of all the Municipalities and Municipal Corporations in the State (including Teaching Staff in referred by the Municipal Authorities to the District Level Committee for retirement on Medical Invalidation. Those cases were accepted for retirement on Medical Invalidation by the District Level Committee. Now the Municipal Authorities have referred the cases of the dependents of the Municipal Employees who retired on Medical Invalidation to consider for appointment as Panchayat Secretary in terms of G.O. Ms. No. 44, G.A. (Ser. A) Dept. Dated: 17.02.2003. But as could be seen from the G.O. Ms. No. 44, G.A. (Ser. A) Dept. Dated: 17.02.2003, it was clearly mentioned that the cases of dependents of the Govt. Employees who retired on Medical Invalidation and whose cases could not be considered by 27.04.2002, be considered now for appointment on contract basis. It is, therefore, requested to clarify whether the cases referred to by the Municipal Authorities are considered in terms of G.O. Ms. No. 44, G.A. (Ser. A) Dept. Dated: 17.02.2003, on par with Govt. Employees or not?

 

The orders issued in G.O.Ms.No.44, G.A. (Ser. A) Dept. Dated: 17.02.2003 are applicable only to the Government Employees.

03.                

It is submitted that in some cases, the individuals obtained the Certificate from the Medical Board before left over (5) years of service and received the proposals by the District Level Committee. Those cases were accepted for retirement on Medical Invalidation by the District Level Committee with a short fall of five years’ service as on the date of issue or orders permitting the employee to retire. But the appointments to the dependents could not be made due to short fall in left over service of five years as on 23.04.2001. As instructed by the Government in NIC Net Message No. 19407/Ser. A/2001-1, Dated: 28.04.200 I proposals were submitted to the Government, but the Govt. vide their Memo No. 60090/Ser. A/2001-1, Dated: 26.07.2002, while enclosing copies of G.O. Ms. No. 202, G.A. (Ser. A). Dept. Dated: 27.04.2002 and G.O. Ms. No. 203, G.A. (Ser. A) Dept., Dated: 27.4.2002 and G.O. Ms. No. 305, G.A. (Ser. A) Dept. Dated: 17.07.2002 requested to take necessary action as per the said orders. But as per G.O. Ms. No. 203, Dated: 27.04.2002, the appointments not so far made shall be stopped while allowing the retirement on Medical Invalidation treating such retirement as if made under Rule 37 of the A.P. Revised Pension Rules, 1980. These cases were also received from the Appointing Authorities for consideration in terms of G.O. Ms. No. 44, G.A. (Ser. A) Dept. Dated: 17.02.2003. It is, therefore, requested to clarify whether these cases can be considered in terms of G.O. Ms. No. 44, Dated: 17.02.2003 for being appointment as Panchayat Secretary or not?

 

Such cases cannot be re-opened.

04.                

It is submitted that Unit Officers have submitted proposals to the District Level Committee for retirement of employees on Medical Invalidation. While they were under scrutiny, the Government have issued orders vide G.O. Ms. No. 202, Dated: 27.04.2002 dispensing with the Scheme of Compassionate Appointment to dependents of Govt. Employees who retire on Medical Invalidation. As such the proposals received from the Unit Officers were returned with a direction to deal the cases under the relevant A.P. Revised Pension Rules, 1980 as ordered in G.O. Ms. No. 202, Dated: 27.04.2002 and G.O. Ms. No. 305, Dated: 17.07.2002. Accordingly, the Unit Officers retired the employees under A.P. Revised Pension Rules, 1980. Representations are being received from the Departments under these categories for considering their cases in terms of G.O. Ms. No. 44, Dated: 17.02.2003. It is, therefore, G.O. requested to issue necessary instructions whether these cases can be considered in terms of G.O. Ms. No. 44, Dated: 17.02.2003 or not?

 

Even though the Medical Invalidation Certificate was issued before 27.04.2002 i.e., the date of G.O. Ms. No. 202, G.A. (Ser. A) Dept. Dated: 27.04.2002 the employee was not retired from service on Medical Invalidation before 27.04.2002.  Therefore, the orders issued in G.O. Ms. No. 44, G.A. (Ser. A) Department, Dated: 17.02.2003 are not applicable.

05.                

It is submitted that the requisite educational qualification for appointment of Panchayat Secretary is SSC and above. But in some cases, the dependents of Government Employees who retired on Medical Invalidation is below the SSC qualification. The Appointing Authorities have referred these cases for consideration as they were retired on Medical Invalidation prior to 27.04.2002. It is, therefore, requested to issue necessary instructions as to what action is to be taken in these cases?

As per the orders issued in G.O. Ms. No. 144, Panchayat Raj and Rural Development (Mdl.11) Department, Dated: 01.05.2003, candidates having Intermediate Qualification and above only will be considered for contract appointment as Panchayat Secretaries. Candidates having a lesser qualification than Intermediate Will be considered for contract appointment as and when they acquire Intermediate Qualification.


B. ARAVINDA REDDY

Secretary to Government (SER)




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