G.O.Ms.No.214, Dated:09.06.1998. Compassionate appointment of son/daughter/spouse of the Governmentemployees who retire on Medical Invalidation

                    GOVERNMENTOF ANDHRA PRADESH

                                            ABSTRACT

Public Services – SubordinateServices – Compassionate appointment of son/daughter/spouse of the Governmentemployees who retire on Medical Invalidation – Further Orders – Issued.

--------------------------------------------------------------------------------------------------------------

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. dt.30.7.1980.
2. G.O.Ms.No.309, G.A. (Ser.A) Dept., dt.4.7.1985.
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.
6. Govt.Memo.No.44634/Ser.A/97-1, GA (Ser.A) Dept., dt.12.6.97.
7. G.O.Ms.No.69, Genl.Admn. (Ser.A) Dept., dt.28.02.98.

O R D E R :
In the G.Os first and second readabove Government issued orders for appointment of a son/daughter/spouse of the Governmentemployees who retire from service on Medical Invalidation under Article 441 of theA.P.Pension Code (Volume.I) subject to certain condition s specified therein, including arestriction that this benefit would be applicable to only those Government Employees whoretire on medical invalidation 5 (five) years before the employees attain the age ofsuperannuation.
2. In government Memo-fifth readabove, while rescinding the instructions issued in the D.O.letters third and fourth readabove, Government directed that all the proposals of compassionate appointments to thedependents of Government employees who retire on Medical Invalidation that were pending infull shape as on 31.7.1996. and medical certificates were already obtained be consideredand disposed off by the concerned appointing authorities themselves strictly as per theorders/instructions issued on the scheme of compassionate appointments on medicalinvalidation. Further in the Government Memo.sixth read above, it has been clarified thatin addition to the proposals of compassionate appointments to the dependents of Governmentemployees who retire on Medical Invalidation as on 31.7.1996, the cases of compassionateappointments of the dependents of the Government employees in which the MedicalInvalidation certificates of the Government Employees have been received on or before31.7.96 in the respective Departments/Offices any also be considered and disposed off bythe concerned appointing authorities as per the orders/instructions issued on the schemethough such Government Employees were permitted to retire on or after 1.8.1996 due toadministrative reasons. In respect of the cases/proposals for compassionate appointmentsunder the scheme in question that arose on or after 01.08.1996 it has been decided thatinstructions will be issued separately and accordingly the same had been issued in theGovernment Memo.fifth & sixth read above.
3. For all other cases ofcompassionate appointments on Medical Invalidation grounds that arose on or after 1.8.1996orders have been issued in the G.O.seventh read above prescribing suitable sefeguards andprocedures duly constituting the Medical Teams (Medical Boards); District Level Committeeof Officers and State Level Committee of Officers to prevent any misuse of the scheme. Ithas been ordered therein, among other things, that each case of appointment under thescheme of compassionate appointment on Medical Invalidation would be on the basis ofrecommendation of the District Level Committee of Officers which in turn will be based onthe recommendation of the Medical report of team of doctors and the recommendation of theDistrict Level Committee will be examined by a State Level Committee and finally theproposal would be placed before the Council of Ministers for approval and only afterobtaining prior approval of the Government, the appointing authorities are permitted toretire the Government employee on are permitted to retire the Government employee ongrounds of Medical Invalidation and to issue the appointment orders to the dependents ofthe Government employees who retire on Medical Invalidation.
4. Government have reviewed theorders issued in the G.O. seventh read above and decided to restrict the scrutiny of theproposals of compassionate appointments on Medical Invalidation in respect of casespertaining to Offices at District Level and below to the District Level Committee itselfwithout reference to the State Level committee and the Sate Level Committee will befunctional in the cases of compassionate appointments on Medical invalidation only inrespect of Heads of Departments and Departments of Secretariat.
5. Accordingly in supercession oforders issued in the G.O. seventh read above and in partial modification of the ordersissued in the G.O first read above on the scheme of compassionate appointments to thedependents of the Government employees who retire on medical invalidation, the followingorders are issued:-
(i) At District level, a team ofdoctors shall furnish the Medical Report to a District Level Committee of Officers.Accordingly, Government hereby constitute the medical team (Medical Boards) a follows:-

1. 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.
2. 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.
3. 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, on 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.
4. 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, underwhom the employee seeking medical invalidation is working, shall, after receipt of theMedical board’s recommendations refer the matter to a District Level committee ofOfficers for scrutiny and its recommendations. Government, hereby, constitute the DistrictLevel committee of Officers with the following:-
1. District Collector.......Chairman.
2. District Medical & HealthOfficer... Member
3. District Head of the Departmentin which the employee is seeking retirement on Medical
invalidation.............Member/Convener.
The District Level committee shallconsider the Medical Invalidation report given by the Medical Board constituted in para5(1) above and scrutinise the proposals for compassionate appointments on MedicalInvalidation strictly in accordance with the guidelines and conditions stipulated in theexisting instruction on the scheme.
(iii) For scrutiny and for makingrecommendations in respect of cases of Governemnt Employees of Heads ofDepartments/Secretariat Departments, a State Level committee of Officers is herebyconstituted 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. direct of Medical Education..................................................Member.
4. Secretary to Government of the Department in which the employee is seeking retirement on Medical Invalidation................................................................Member.
5. Dy.Secretary/Joint Secretary/Addl.Secretary to Governemnt HM&FW Dept............Member/Convener

The State Level Committee shallconsider the Medical Invalidation report given by the Medical Board constituted in para5(1) above and scrutinise the proposals for compassionate appointments on Medicalinvalidation in accordance with the guidelines and conditions stipulated in the existinginstructions in the scheme.
(iv) The District collectors who areheading the District Level Committees, shall send the recommendations of the districtLevel committees to the concerned District Head of the Department.
(v) In cases of Government employeesof Heads of Departments/Secretariat Departments, the proposals shall be placed before theState Level Committee of Officers directly through Health, Medical & Family WelfareDepartment in Secretariat based on the recommendations of the Medical Board.
(vi) In respect of employees workingin the Heads of Departments/Secretariat Departments, the convener of the State LevelCommittee of Officers shall send the recommendations of the State level committee in eachcase to the concerned Principal Secretary/Secretary to Government of the SecretariatDepartment or to the Head of the Department concerned for issue of appropriate orders.
(vii) Only where the State Levelcommittee of Officers makes a clear recommendation for retirement on Medical Invalidation,the concerned Department of Secretariat/Head of the Department employees to retire ongrounds of Medical Invalidation and to appoint the dependents of such Government employeeswho are permitted to retire on Medical Invalidation as per the other existing instructionson the scheme. Such compassionate appointments will be confined only to the department inwhich retirement of the employee on Medical Invalidation was ordered. In case ofDepartments of Secretariat it is single Unit except Law and Finance Departments.
(viii) Similarly only where theDistrict Level Committee recommends retirement on Medical Invalidation, the respectiveDistrict Head of the Department/appointing authority of the Districts shall issuenecessary orders permitting the Government employees to retire on grounds of MedicalInvalidation and to appoint the dependents of such Government employees who are permittedto retire on Medical Invalidation as per the other existing instructions on the scheme.Such compassionate appointments will be confined only to the department in whichretirement of the employee one Medical Invalidation was ordered as per the existinginstructions on the scheme.
6. Government also direct that thecases/proposals of compassionate appointments to the dependents of Government employeeswho retires on medical invalidation that arose between 01-08-1996 and to date, shall alsobe processed and disposed off as per these orders. The medical certificates that werealready obtained earlier in these cases shall not be taken as criteria and the procedurelaid down in these revised orders shall be followed even in the cases that arose on orafter 01-08-1996. Further only in the cases of death of such Government employees in whosecases medical invalidation Certificates were received on or after 01-08-1996 and orders ofretirement on medical invalidation were issued, the medical invalidation certificatesissued earlier for such persons should hold good and the rest of the procedure asenvisaged in para 5 (ii) to (viii) in these orders shall be followed. For cases fallingbetween 01.08.1996 and the date of issue of this order, the District will be taken as aunit instead of the Department for calculating the vacancies.
7. All such cases where appointmentsunder Medical Invalidation grounds were made must be reported in detail by the districtHead of the Department along with copies of the orders justifying the appointment ordersunder Medical Invalidation to the concerned Administrative Department in Secretariat.

8. All the Departments ofSecretariat/all the Heads of Departments/all the District Collectors and all theappointing authorities shall follow the above instructions scrupulously without anydeviation.
9. Necessary amendments to theArticle 442 of Andhra Pradesh Pension code shall be issued separately by Finance &Planning (FW) Department.
(BY ORDER AND IN THE NAME OF THEGOVERNOR OF ANDHRA PRADESH)
N.V.H.SASTRY,
SECRETARY TO GOVERNMENT.
To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
All District Judges.
All Chief Executive Officers, ZillaParishads.
Principals of all Medical Collegesin A.P
Superintendents of GovernmentGeneral Hospitals, Visakhapatnam/Kakinada/Guntur/Warangal/Tirupati/Kurnool/Osmania GeneralHospital, Hyderabad/Gandhi General Hospital, Secunderabad.
All District Coordinators ofHospitals, Districts Head quarters Hospitals.
copy to:-
Health Medical & Family WelfareDepartment.
Finance & Planning (FW)Department.
GA (Cabinet) Department.
The Director of MedicalEducation,A.P., Hyderabad.
Sf/SC.
//FORWARDED BY ORDER//
SECTION OFFICER