GO.Ms.No:214, Dt:09-06-1998 | 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 - Further Orders - Issued.

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GENERAL ADMINISTRATION (SER.A) DEPARTMENT

 

G.O.Ms. No. 214,                                                                                                            Dated 09.06.1998

 

     Read the following

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

2. G.O.Ms. No. 309, G.A. (Ser.A) Dept., dated 4.7.1985

3. D.O.Lr.No. 347/Ser.A/96-1, GA (Ser.A) Dept.,dated 31.7. 1996.

4. D.O.Lr.No. 347/Ser.A/96-2, GA (Ser.A) Dept., dated 31.7.1996.

5. Govt. Memo. No. 347/ (Ser.A) 96-9, GA (Ser.A) Dept.,dated 15.3.1997.

6. Govt Memo. No. 44634/Ser.N97- I ,GA (Ser. A) Dept.,dated. 12.6.1997.

7. G.O.Ms. No. 69, Genl. Admn. (Ser.A) Dept., dated28.02.1998.

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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 or 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 Government 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 to 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 had been issued in the Government Memo. fifth & sixth read above.

 

3. For all other cases of compassionate appointments on Medical invalidation grounds, that arose on or after 1.8.1996 orders have been issued in the G.O. seventh read above prescribing suitable safeguards and procedures duly constituting the Medical Teams (Medical Boards); District Level Committee of officers and State Level committee of officers to prevent any misuse of the scheme.  It has been ordered therein, among other things, that 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 of Officers which in turn will be based on the recommendation of the Medical report of team of Doctors and the recommendation of the District Level Committee will be examined by a state Level committee and finally the proposal would be placed before the council of Ministers for approval and only after obtaining prior approval of the Government the appointing authorities are permitted to retire the Government employee on grounds of Medical Invalidation and to issue the appointment orders to the dependents of the Government employees who retire on Medical Invalidation.

 

4. Government have reviewed the orders issued in the G.O. Seventh read above and decided to restrict the scrutiny of the proposals of compassionate appointments of Medical Invalidation in respect of cases pertaining to offices at District Level and below to the District Level Committee itself without reference to the State Level Committee and the State Level Committee will be functional in the cases of compassionate appointments on Medical invalidation only in respect of Heads of Departments and Departments of Secretariat.

 

5. Accordingly, in supersession of orders issued in the G.O seventh read above, and in partial modification of the orders issued in the G.O first read above on the scheme of compassionate appointments to dependents of the 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 learn (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 co-ordinator of the dist. Head Quarters 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 mailer 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.	District Medical & Health Officer	:	Member.
3.	District Head of the Department in which the employee is seeking retirement on Medical invalidation	:	Member / convener.

 

The District Level Committee shall consider the Medical Invalidation report given by the Medical Board constituted in para 5(1) above and scrutinise the proposals for compassionate appointments on Medical Invalidation strictly in accordance with the guidelines and conditions stipulated in the existing instructions on the scheme.

 

(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 / Principal Secretary to Government nominated by the Government	:	Chairman
2.	Prl. Secretary/Secretary to Govt., Health Medical & Family Welfare Dept.	:	Member.
3.	Director of Medical Education	:	Member.
4.	Secretary to Government of the Member Department in which the employee is seeking retirement on Medical Invalidation	:	Member.
5.	Dy. Secretary/Joint Secretary / Addi. secretary to Government HM&FW Department	:	Member / convener

    The State Level Committee shall consider the Medical Invalidation report given by the Medical Board constituted in para 5(I) above and scrutinise the proposals for compassionate appointments on Medical Invalidation in accordance with the guidelines and conditions stipulated in the existing instructions in 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 directly through Health, Medical & Family welfare 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 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 Secretariat Department or to the Head of the Department concerned for issue of appropriate orders.

 

(vii) only where the state Level committee 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 of 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 Department.

 

(viii) Similarly, only where the District Level Committee recommends retirement on Medical Invalidation, the respective District Head of the Department/appointing authority or the Districts shall issue necessary orders permitting the Government employees to retire on ground or Medical Invalidation and to appoint the dependents of 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 m which retirement or the employee on Medical Invalidation was ordered as per the existing instructions on the scheme.

 

6. Government also direct that the cases/proposals of compassionate appointments to the dependents or Government employees who retired on Medical invalidation that arose between 1.8.96 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 1.8.96. Further only 111 the cases of death or such Government employees in whose cases Medical invalidation Certificates were received on or after 1.8.1996 and orders or retirement on medical invalidation were 1ssucd, such persons should hold good and the rest of the procedure as envisaged in para 5(ii) to (viii) in these orders shall he followed. For cases falling between 1.8.96 and the date or issue or this order, the District will be taken as a unit instead of the Department for calculating the Vacancies.

 

7. All such cases where appointment under Medical Invalidation grounds were made mus1 be reported in detail by the District Head of the Department along with copies or the orders justifying the appointment orders under Medical Invalidation to the concerned administrative Department in secretariat.

 

8. All the Departments of Secretariat/all the Heads or Depts/ all the District collectors and all the appointing authorities shall follow the above instructions scrupulously without any deviation.

 

9. Necessary amendments to the Article 442 of Andhra Pradesh Pension Code shall be issued separately by Finance & planning (FW) Department.

 

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

 

N.V.H. SASTRY,

SECRETARY TO GOVERNMENT.

Compassionate Appointments - References

Compassionate Appointments - Consolidated Instructions