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GOVERNMENT OF TAMIL NADU

Sub : Service Associations - Tamil Nadu Last Grade Govement Servants Association - special Casual leave Sanctioned to the normal - fixed -Orders passed.

Ref: 1. G.O.Ms. No. 1649. Public(Ser-1) Dt. 30.5.72
2. G.O.Ms, o. 1294 P& A.R. (Per-K) Dt. 27-10-77
3. GovtLr. No. 20431 IB/76 P& A.R.per-K-) Dt. 27-10-77
4. From the President. T.N.L.G.G.S. Association Lr. Dt. 13.2.79.

Order:

The seven days of special casual leave already sanctioned in the G.O First read above to the tive office bearer the Tamil Nadu Last Grade Government Servants Association to attend the organizational affairs of the laid down in the G.O. second read above and the five of its office.-Bearers are there fore eligible for fifteen days of special casual leave in a calender year as per norms prescribed in the G.O. Second read above.

2. In supersession of the orders first read above, Government direct that fifteen days of special casual Leave, in a calendar year be sanctioned to the following five office - bearers of the Tamil Nadu Last Grade Government Servant's Association to attend to the organizational affairs of the Association . they also direct that prior sanction by the competent authority will be necessary before the special casual leave is availed of

1. President : One
2. Vice - President : One
3. General Secretary : One
4. Deputy Secretary :One
5. Treasurer : One

( By Order of the Government)














GOVERNMENT OF TAMIL NADU
ABSTRACT

Tamil Nadu Medical Service – Delegation of Administrative powers to Joint Directors – Order Issued.
--------------------------------------------------------------------------------------------------------

HEALTH AND FAMILY WELFARE DEPARTMENT

G.O. Ms. No. 452 dated 4-7-95

Read :
G.O. Ms. No. 327, Health, Dated 22-5-95

ORDER

In the Government order read above, Joint Directors, Deans and Heads of Medical Institutions have been delegated with powers to sanction special grade/selection grade to Assistant Surgeons, including Assistant Surgeon (Dental)

2. The Government have examined the desirability of extending similar powers to the Joint Directors in respect of other staff working under their control. They consider that such delegation of powers to district level Officers would improve the administrative efficiency.

3. The Government accordingly direct that Joint Director of Health, Services in the Districts be delegated with the following powers, in respect of staff working under their control.

  1. Sanction of increments, Selection grade and Special grade to all the staff working in the districts.
  2. Transfer of staff such as pharmacists, ministerial staff upto the office superintendents including hospital workers and nurses within the districts.

4. However transfers of staff outside the district would continue to be exercised by the Director of Medical and Rural Health Services.

(BY ORDER OF THE GOVERNOR)







PROCEEDING OF THE DISTRICT MEDICAL OFFICER : SALEM PRESENT : DR.H.M. IQBAL AHAMED. MBBS.,

D.Dis.No.13140/EA1/90 Dated : 3 - 5-90.

Sub : Tamil Nadu Medical Service- Tamil Nadu Assistant Surgeon's Association - One day strike on 23-2-87 one day strike treated as earned leave-orders issued.

Ref : 1) Government letter N0.12627/B2/87-3dt 10-9-87.
2) Government letter No.1172/Health and Family Welfare dated 5-7-89

---

In the Government letter first cited, the Government have, directed that the one day strike observed on 23-2-87 by the Assistant Surgeons in the Tamil Nadu Medical Service shall be treated as. on-duty. In the reference second cited, the Government in supervision of the orders issued in the Government letter first cited, have directed that the one day strike observed on 23-2-87 by the Assistant Surgeons shall be treated as leave to which they are eligible.

Hence, the Assistant Surgeons who have taken part in the token strike on 23-2-87 are sanctioned Earned Leave for one day on 23-2-87 as shown in the annexure.

End: One District Medical Officer,
Salem -3.

To
The Individuals concerned.
Copy to all the Medical Officers.

Note: The Medical Officers noted in the address entry are requested to verify the Service Book of the respective Assistant Surgeons and inform if no Earned Leave is in the credit of the Assistant Surgeon's concerned to issue modified leave order.











Letter No. 21561A/B2/99-2.
Health and Family Welfare
Department,
Secretariat,
Chennai - 600 009.
Dated 28-9-1999
From
TmtK. Arumugathai, B.Sc.,
Deputy Secretary to Government.

To
The Director of Medical Education, Chennai -10.
The Director of Medical and Rulal Health Services, Chennai -10.
The Director of Public Health and Preventive Medicine, Chennai -10.

Sir,

Sub : Meeting - Tamil Nadu Government Doctors Association - Special Casual Leave to Officer bearers of the Tamil Nadu Government doctors association - regarding.

Ref: (i) G.O. Ms. 685. Personnel and Administration reforms (Perk) department dated 15-7-92.
(ii) from the state secretary, Tamil Nadu Government Doctors Association, letter dated 9-4-99 and 8-8-99.

****

I am directed to state that the office bearers of the Tamil Nadu Government Doctors association mentioned in the reference second matters relation to demand of time bound promotion with Hon'ble Minister (Health and electricity ) on 02.01.99, 10.01.99, 19.01.99, 20.01.99, 21.01.99, & 01.02.99 The state secretary has requested the Government to sanction them special casual leave on the above days.

2. in this connection, I am to invite your attention to the instructions issued on G.O. Ms. No. 685, Personnel and administrative reforms (perk) dated 15-7-92. wherein powers have already been delegated to the head of Department to sanction special casual leave to the office bearers of the recognized Service Associations, as the Tamil Nadu Government doctors association is a recognized association I am to request you to take action at your level to sanction special casual leave to the office bearers of the Tamil Nadu Government Doctors Association who have attended the meeting with the Hon'ble Minister (Health and Electricity) on the days specified in Para I above after following the guidelines prescribed in G.O. Ms. No. 1294. Personal and Administrative Reforms (per.K) dated 27-10-97.

(Copy enclosed).


In The High Court of Judicature at Madras.
(Special Orginal)
Advance Increments for P.G.

Date: 18-12-1987
Coram:
The Honore able Mr. Justice Nainar Sundram.
----

W.M.P.No. 18926 of 1987
in
W.M.No. 12866 of 1987
---
The State of Tamil Nadu Assistant Surgeon's Association, rep. by its secretary, Government Rajaji Hospital, Madurai - 2.
vs. Petitioners.
1. The State of Tamil Nadu rep. by Commissioner & Secretary, Health & Family Welfare Department, Fort St. George, Madras-9.
2. The Director of Medical Services & Family Welfare, D.M.S. Compound, Madras-6.
Respondents, and others.
For Petitioners : Mr. A.L. Somayaji

Petition praying that the High Court will be pleased to

Stay the operation of the impugned G.O. Ms. No. 2240, Health dated 25-11-1986 passed by the first respondent, pending disposal of the writ petition.

Petition on being called today and upon hearing counsel, the court has ordered as follows:

There will be an order of intern stay, reserving liberty for the respondents to most for vacating the same, of they so choose. Otherwise, post this petition along with the main writ edition. Notice.

And this court doth further order that this order, on being produced, be punctually observed and carried in to execution by all concerned. Issued under my hand and the seal of this court on 18-12-1987.






DEPARTMENT OF FAMILY WELFARE

From State President,
Dr. R. ANGAMUTHU, M.S., (Ortho)., Dr. K. Parakasam
Director of Family Welfare, State President
DMS COMPLEX, Chennai - 600006. T.N. Doctor’s Association SALEM 30

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

Ref.No. 17762 / H3 2000, Dated 2-8-2000

Sir,

Sub : Family Welfare Programme - Sterilisation MTP and
Laparoasopy Surgeries Failures death etc.

Ref : Your Lr.No. Nil 2.8.2000.

With reference to • the representations received from TamllNadu Goverment Doctors Association regarding various legal issues related to the Family Planning surgeries like failures, death etc. while accepting the sentiments of the Association to assure that the interest of the doctors will be totally protected and the Government will also defend all the cases including legal implications.

Yours faithfully

DIRECTOR OF FAMILY WELFARE
















 
gt;


GOVERNMENT OF TAMIL NADU

Letter (Ms) No. 106
Personnel & Administrative
Reforms (Per. K) Departments, Secretariat, Madras - 9.

From.
Thiru. M. Ahmed, IAS.,
Secretary to Government.

To
The State Secretary,
Tamil Nadu Assistant Surgeon's Association,
Government Head Quarters Hospital,
Vellore,
N.A. District.

Sir,

Sub: Service Associations - Tamil Nadu Assistant Surgeons Association- Request for change of nomenclature as " Tamil Nadu Government Doctors, Association" - accepted.
Ref: 1. From the president, Tamil Nadu Assistant Surgeons Association latter dated 30-9-91
2. from the Director of Medical and Rural Health Services, Madras-6 letter No. 94054/E7/3/91, dated 5-3-92.
3. from the Director of Medical education, madras-6, letter no 25973/E1/3/91. dated 6-1 -92.

I am directed to inform that the Government after careful consideration have decided to accept, the request of the Tamil Nadu Assistant Surgeons Association to change its nomenclature as Tamil Nadu Government Doctors Association". I am to add that the amendments to bye - laws 11 and 12 of the above association submitted with the references 1st and 3rd cited have been approved by Government. I am to request that two copies of the bye - laws of the association embodying the above amendments may be furnished to Government at an early date.

yours faithfully,


Section Officer.
for Secretary to the Government.



Ref.No. 17762 / H3/2000 Office of the Director of
Family Welfare, Chennai - 6.
dated : 3-8-2000

CIRCULAR

Sub : Family Welfare Program - Sterilsation, M.T.P. laparoscopy Surgery -Failure / death etc., Meg.


The Tamil Nadu Government Doctors Association has brought to the notice of this office that the joint Director of Health Services and Deputy Director of Medical and Rural Health Service & family Welfare, District Family Welfare bureaux and other Heads of Institutions are not taking active intrest to defend the cases filed in various courts / legal forms in respect of failure / death after family planning surgeries. In this regard, the association has been given assurance that the interest of the Doctors will be totally protected and that the ' Government will defend all the eases on legal implications.

Therefore, Joint Director of Health Services / Deputy Director of Rural Health Service and Family Welfare and other heads of institutions are requested to be vigilant and take active steps to protect the Doctors / other personals whenever cases of failure / death are challenged in various legal form and ensure that the doctors / other personal are not personally made to defend the cases except to the extent where it is necessary to give evidence etc.,

If any case of negligence in properly defending the cases by the Joint Director of Health Services / Deputy Directors to Medical and Rural Health Service and family Welfare and other heads of Institutions are brought to notice, it will be viewed seriously.


Sdxxxxxxxxxxxxx

(R.ANGAMUTHU) DIRECTOR OF FAMILY WELFARE











GOVERNMENT OF TAMIL NADU
ABSTRACT

Tamil Nadu Medical Service- measures to improve Health care Service in Tamil Nadu strengthening of Health Administration at various levels - orders issued - delegations of powers to Director of Medical and Rural Health Services - modification - orders - issued.

HEALTH AND FAMILY WELFARE (E) DEPARTMENT

GO (Ms) No. 308. dated : 24.06. 1999

Read :

1.GO. MS. No. 684, Health dt 18-12-98
2. GO. MS. No. 67, Health dt 12-02-99
3. From the Director of Medical and Rural Health Service Lr. No. 1791
/E3/1 /99 dt. 22-03-99. and 19-04-99
---

Order :

In The circumstances reported by the Director of Medical and Rural Health Service in the reference 3rd read above, the Government, in partial modification of the powers delegated to the Director of Medical and Rural Health service in Para 4 of the Government order first read above, direct that the Director of Medical and Rural Health Service be delegated with powers to prepare panel, to approve the panel and to accept relinquishments, as and when necessary and to issue appointment orders for the posts carrying the time scale of pay of Rs. 12.000/- and below.

2. The Director of Medical and Rural Health Service is directed to send suitable draft amendment proposals to the special rules for Tamil Nadu Medical Service in consultation with the Director of Medical Education / Director of Public Health and Preventive Medicine.










GOVERNMENT OF TAMIL NADU
ABSTRACT

Tamil Nadu Medical Service -Counselling for transfer - Detailed Guidelines issued.

HEALTH AND FAMILY WELFARE (A1) DEPARTMENT

G.O, (D) No.508 . Dated: 10-4-2002

Read : -

G.O. letter (Ms) No.225/CI/2001, Health, dated 23-8-2001.

****

ORDER:-

In the Government Order read above, guidelines were issued for effecting transfer of personnel in all the posts in the Health and Family Welfare Department for which one unit system is in vogue.

2. It. is now considered necessary to issue clarification so as to ensure successful implementation of the Counselling System in this Department. The Government accordingly direct that the procedure laid down in the Annexure to this order be followed strictly while effecting general transfer of all Medical Personnel / Para Medical Personnel other than Ministerial staff working in Health and Family Welfare Department under the newly introduced Counselling system. Any violation of the guidelines will be viewed seriously and disciplinary action will be initiated against the persons, responsible for the lapses. The Government further direct that any Government servant adopting unfair means for transfer will be liable for punitive action.

(BY ORDER OF THE GOVERNOR)


SYED MUNIR HODA
SECRETARY TO GOVERNMENT








GUIDELINES FOR 17’B

Copy of Govt. D.O. Letter: -

Ref: - Vigilance Commissioner and Commissioner fo administrative Reforms D.O.LetterNo.5189/-VC.HI/2000-10dated5-10-2000.

After reviewing the final order issued by various departments during the financial year 1999 - 2000, the vigilance Commissioner and Commissioner for administrative reforms has highlighted the need to ensure proper application of mind as to whether the charges may be framed under rule 17 (a) or 17 (b) since 50 % of the cases ended up in dropping of charges. The Vigilance Commissioner has also pointed out that instead of adopting 17 (b) procedure and on the end dropping the charges
and if only 17 (A) procedure had been adopted it would have simplified the matter immensely, in that case only a simple explanation could have been called for and the case could have been decided by disciplinary authority with available evidence. The Vigilance Commissioner has further pointed out that even under rule 17(a) the disciplinary authority can award the punishment of stoppage of increment to persons concerned would have been dropped from being considered for inclusion in the panel for promotion during the currency of punishment.

2.I am, therefore, to request you to consider each and every case well before framing charges under rule 17 (b) based on the following guidelines. If there is prime facie sufficient evidence which is likely to prove the Officer guilty of grave charges as are likely to end in any one of the following punishments :

1. Reduction in rank
2. Compulsory retirement
3. Removal from service.
4. Dismissal from service.

Only if answers to the questions are in the affirmative, Charges may be framed under rule 17 (b). In all other cases, it seems fair and proper that the charges may be framed under rule 17 (a) only.

3. I am to request you to acknowledge the receipt of this D.O. Letter.
With best wishes.









GOVERNMENT OF TAMIL NADU

Secretariat,
Chennai-600009.

HEALTH & FAMILY WELFARE DEPARTMENT
Letter No. 35497/A1/2002-1 dated 18-10-2002

From
Tmt. GirijaVaidyanathan. IAS,
Secretary to Government.

To
All Heads of Departments.

Sir,

Sub: Establishment - Health and Family Welfare Department -Counselling for transfer and promotion - Guidelines - Further instructions issued.

Ref: - G.O. (Rs) No.2143, Health, dated 8-10-2002.

***
I am directed to issue the following further instructions in continuation to the Guidelines issued in the Government order cited: -

(i) Medical Officers and Para Medical staff who are newly recruited as well as the Medical Officers who report for duty on completion of the Post Graduate Degree Course should be posted only in the Districts which comes under category 4(iii) in the case of Directorate of Medical and Rural Medical staff Health Services and category
4(v) in the case or' Primary Health Centres mentioned in the Government Order cited.

(ii) During Counselling for transfer of Medical / Para Medical staff within the Directorate, Station seniority will be the criteria meant for priority whereas in the case of inter Directorate transfers, CML, seniority will be the criteria for priority for counselling.

(iii) Whenever situation arises for filling up of vacant post due to retirement or otherwise in the Ministerial Service under the control of Health and Family Welfare Department by promotion, Counseling should be conducted for placement on promotion.

Yours faithfully,
for Secretary to Government


Letter No. 20060/B2/99-3,

HEALTH AND FAMILY WELFARE DEPARTMENT,
Secretariat, Chennai - 600 009.
Dated: 8-7-99
From
Thiru. M.G. Joseph Raj, M.Sc.,
Additional Secretary to Government

To.
The. Accountant General (A&E)
Tamil Nadu, Chennai-600 018.

Sir,

Sub: Grant of personal Pay to Doctors - clarifications
Regrading.

Ref: (i) G.O. (D) No. 152, Health and Family Welfare Department,
dated 12-2-99.
(ii) Your letter No.GAD/ll/ll/313, dated 11-4-99.

I am directed to invite your attention to the cited and to state that as per rule 28 of Tamil Nadu Leave Rules, leave salary of Government servants is calculated with reference to his pay as per definition under fundamental rule 9(2l)(a)(ii) pay includes, special pay and personal pay.

Yours faithfully
for Addl. secretary to Government

















GOVERNMENT OF TAMIL NADU
ABSTRACT
Tamil Nadu Medical Service- Medical Officers working under Leprosy Programme - Permission to do consulting practice - Orders Issued.

HEALTH & FAMILY WELFARE DEPARTMENT
G:O.(Ms).No,1693 Dated 1st Septement 1987
16AvaniPrabava
2016-Thiruvalluvarandu.

Read again:-
G.O.(Ms)No.277 H & P W dt. 2.2.1977

Read also:
From the Director of Medical Services Family Welfare letter N0.53727/L7/80 dt.24.4.30, 13.12.83 and 29.12.84.

ORDER:

In his letters read above, the Director of Medical Services & Family Welfare has stated that the Medical Officers are generally reluctant to work under the Leprosy Programme due to their being not allowed to do private practice. He has recommended that the Medical Officers in the Leprosy Control Programme may be allowed to do private practice.

2) The Government have carefully, considered the matter. In certain other States, Medical Officers working under the Leprosy Programme have been allowed to do private practice. The Government therefore consider that the Medical Officers who are working under the Leprosy Programme may be allowed to do consulting Practice. Accordingly in supersession of the orders issued in the G.O, read above they direct that the Medical Officers in the grade of Civil Surgeons and Assistant Surgeons who are working under the Leprosy Programme be allowed to do consulting practice, subject to the condition .that the present Non-practising allowance allowed to the Medical Officers in the Leprosy wing be totally withdrawn. In this respect they will be treated on par with the Medical Officers in the general line, including in the matter of drawal of restricted Non-practising allowance, wherever admissible.

3) This order issues with the concurrence of the finace Department vide its U.O.NO.382/FS/F/87 dated 22.7.1967.

(by order of the Governor)

R. SHANMUGAM
Commissioner & Secretary to Government



CopyofG.O.K3.N0.542H&FW Dept.dt. 16.5.88.

CHANGE OF DESIGNATION OF THE POST OF ASSISTANT
SURGEON
ORDERS ISSUED.

Order

The One Man Commission, which was constituted to look into the anomalies arise on the orders issued on the recommendations of the IV th Pay Commission has recommended that the designation of Assistant Surgeon may be redeslgnated as 'Assistant Medical Officers' on entry Deputy Medical Officer' on attaining Selection Grade after 10 years of service, "Additional Medical Officer' on completing 20 years of total Service and Medical Officer when they get promoted as Civil Surgeon, Subsequently the Tamil Nadu Assistant Surgeon Association has represented that the designation of Selection Grade Assistant Surgeon and the Special grade Assistant Surgeon may be redesignated as 'Senior Medical Officer" and 'Deputy Civil Surgeon" respectively, The Government after careful consideration have decided to redesignate the Selection Grade Assistant Surgeon and Special Grade Assistant Surgeon as ' Senior Assistant -Surgeons and- Deputy Civil Surgeon respectively

2. The Government accordingly direct that the designation of Selection Grade Assistant Surgeon in the TamilNadu Medical Service be redesignated as "Senior Assistant Surgeon" and the Special Grade Assistant Surgeon as Deputy Civil Surgeon".

3. The Director of Medical Services and Family Welfare is requested of send necessary draft amendment to Special rules.

















HEALTH AND FAMILY WELFARE DEPARTMENT
Letter No. 54593 /B1 184-2 dated30.8.1985

---
From
Thiru J. Samuel Amirtharaj, B.A.B.L.,
Joint Secretary to Government.

To
The President,
Tamil Nadu Assistant Surgeons Association,
Goverment General Hospital,
Salem.

Sir,

Sub:- Tamil Nadu Medical Service - Deputation of Doctors to Overseas Manpower Corporation -Issue of No Objection Certificate to obtain passport.

Ref:- Your representation dated 25-7-1984.

---
With reference to your letter cited, I am directed to state that under Rule 22 of Tamil Nadu Government Servants Conduct Rules, the Government alone is the competent authority to issue "No objection Certificate" to Government Servants applying for passport to go abroad. I am therefore, to inform that to Medical Officers who intend to register their names with Overseas Manpower Corporation for taking up appointment in Overseas Countries may apply to Government for No Objection Certificate through proper channel.


yours faithfully,
for Joint Secretary to Government.












HEALTH & FAMILY WELFARE DEPARTMENT
Letter No. 15570/B2/87-2 dt. 29.6.1987,

***

From
R. Shanmugam.l.A.S.,
Commissioner & Secretary to Govt.

To
The Director of Medical Services & Family,
Madras-600 006.

Madam,

Sub: Tamil Nadu Medical Service- Assistant Surgeons -Break in Service of certain Assistant Surgeons -Regularisation - Regarding.

Ref: i) From the Tamil Nadu Assistant Surgeons Association
letter No. 4/87 dt.
ii) Yourletter No. 97503/36/2/84dt. 25.2.1987. ill) Your letter No.21616/B6/2/87dt. 3.3.1987.

I am directed to invite attention to your letter cited and to request you to take action with reference to the orders in G.O. (MS) No. 400, P&AR dt. 7.4.86 for regulating the breaks occurred in the officiating services of the Assistant Surgeons prior to 7.4.86 also though the Break in Service occurred even prior to 7.4.86 vide Govt. letter HO, 44316/86-4/FSY H/dL 29.8.86 (copy enclosed) I am also to state that the actual period of break in Service should not be taken into account for calculating the probation period and that actual duty period alone should be counted for probation.

2.1 am also to state that it does not matter how the breaks occurred. In cases where break occurs in officiating service due to ousting for want of vacancy, action can be taken with reference to the orders issued in G.O.Ms,No. 400 P & LR dt. 7.4.86 and based on these orders Note 1 and 1A under Fa. 26 (a) has been amended in G.O.MS.NO. 1072, P&AR dt. 31.10.86. As per the revised note 1 under PR 26 (a) the conditions indicated in the erstwhile PR 26 (a) are not in existence now.


Yours faithfully,
For Commissioner & Secretary





Ref.No: 65163/31/2/2001 Chennai-10 Dated: 09/10/2001

DIRECTORATE OF MEDICAL EDUCATION,

Sub : Tamil Nadu Medical Service- Post of Senior Civil Surgeon Sanctioned - Duties and responsibilities - Instructions  Issued

Ref: 1. DM & RHS Circular No. 15217/IC(l)/99 dated : 15/2/98
2. This office memo Ref. 65153/E1/2/2001 dated 23/3/2001

In view of the instructions already issued in Director of Medical and Rural Health Services Circulars first cited, the following modifications are issued to the instructions issued in this office Circular No. 65163/E1/2/2001, dated 23/8/2001.

(i) The -Senior Civil Surgeon -Postings is promotional post and hence the contention that "it is like awarding Selection Grade/Special" is deleted.

(ii) The duties of a Senior Civil Surgeons is the same as that of the post held by them previously except that they will not perform 24 hours stay in turn duty.

The contents of all other instructions in the circular are same . The .heads of Medical Institutions are requested to bring the contents of this circular to the notice of all Medical officers concerned.

P.RAJA SAMBANDAM
DIRECTOR OF MEDICAL EDUCATION




















GOVERNMENT OF TAMIL NADU

ABSTRACT

TAMIL NADU MEDICAL SERVICE ASSISTANT SURGEONS Request for the weekly off- Orders Issued.

HEALTH & FAMILY WELFARE DEPARTMENT

G.O.Ms.No. 710 Dated: 21st April 1980

Read:
From the Tamil Nadu Asst. Surgeons' Association letter dated Nil.

ORDER:

The Tamil Nadu Assistant Surgeons' Association has been repeatedly representing to the Government that the Assistant Surgeons are experien-ing great hardship in attending to their duties continuously all the days of the week without any weekly off. They have therefore requested the Government to grant one day off in a week for Medical Officers. The Government accept the request of the Association and direct that one day off in a week be given to all the Medical Officers in all Medical Institutions. In case of Medical Institutions where there is only one Medical Officer, the grant weekly off is subject to the condition that the Medical Officer should stay on in the Institution to attend to emergencies and when the Medical Officer has to leave the station, he has to make such arrangements as when he goes out for casual leave.

2. The Government also direct that the Director of Medical Services and Family Welfare to send proposals in consultation with the other Heads of Departments under the control of this Department for posting additional Medical Officers to such Institutions wheres there is at present only one Medical Officer and where the work load warrants the posting of additional Medical Officerwith full particulars regarding the number of such Institutions total posts required and the financial Implications etc.,
(BY ORDER OF THE GOVERNOR)

P. MURARI,
Commissioner & Secretary to Government.

To
The Director of Medical Services and Family Welfare, Madras-600 006. The Director of Medical Education, Madras-600 005.
The Director of Public Health and Preventive Medicine, Madras -600 006. The Director of Primary Health Centres, Madras -600 006.



GOVERNMENT OF TAMIL NADU.
ABSTRACT

Personnal - Officiating Government Servant reappointed after discharge from Service- past Service counted for the purpose of increment -Orders - Issued.

PERSONNEL AND ADMINISTRATIVE REFORMS (PR.3)
DEPARTMENT.

G.O.MS.NO. 400 Dated: 7-4-86.
(Panguni 24, Krothana, Thiruvalluvar Aandu 2017)

ORDER

As per Note 1 under Fundamental Rule 26(a) and officiating Government servant who has no substantive appointment cannot count non-continuous officiating Service for increments in a time scale.

2) The Government, on re-examination, direct that if an officiating Government servant is discharged from Service for want of vacancy in a post, he shall, on re-appointment to the same post, draw the pay last drawn prior to his discharge from Service and that the periods during which such pay was last drawn, count for purpose of future increment in the time scale of pay of that post.

3) Amendments to Fundamental Rules-will be issued separately.

4) This ordershall take effect from the date of issue of order.

(By order of the Governor)

Special Commissioner and Secretary to Government.















Office of the Director 
General of Police,
S.NO. 119825/1 &0/CON.97. Admiralty House, Govt. Estate,
Anna Salai, Chennai - 600 002. -Dated : 27.05.97

MEMORANDUM

Instructions were issued in Chief office Memo vide (C.N.) 8523/1 & O Confd 1/91) dated 6.4.91 that when complaints of cognizable offences are received against Medical Practitioners relating to criminal negligence in the course of Medical treatment arrests need not be resorted to as a matter of course. It was also emphasized in the memo that when the Medical practitioner is involved in such police complaint the fact should be brought to the notice of higher supervisory Officers who will keep a close watch on the progress of the case to ensure that there is no vindictive or vexations action.

2. Inspite of these specific instructions an instance has come to notice where in a similar complaints of negligence on the part of a Medical Practitioners arrests have been made resulting in avoidable criticism against the Police. It is once again reiterated that in such cases arrests should not be resorted to as a matter of course. The cases will be duly investigated and any action should be fully supported by a documentary evidence, supervisory approval strengthened with the opinion of the Law office.

3. These instructions will be followed in future.

4. Please acknowledge the receipt.


















HEALTH AND FAMILY WELFARE DEPARTMENT
Letter No. 61365/B2 91-3. Health dated 29.8.1991

From:

Thiru. Jag Mohan Singh Kang Special
Secretary to Government.
To
The Director of Medical Education, Madras - 5.
The Director of Medical & Rural Health Service i/c.,

Sir,

Sub : Tamil Nadu Medical Service- Assistant Surgeon Tamil Nadu Assistant Surgeon's Association 6th State Conference at Thirunelveli Special casual Leave to attend -Granted.

Ref: (i) From the president, Tamil Nadu Assistant surgeons
Association, Latter No. 31/91 dated. -7-9.

(ii) Government Ir. No. 61365 /b2 /91-2 dated 16-8-1991.

In modification of the instruction issued in Government letter second cited, I am directed to state that the Government after reconsideration accept the request of the Tamil Nadu Assistant Surgeon's Association for grant of one day special casual leave for those who are attending the Tamil Nadu Assistant Surgeons Association's 6th State Conference to be held at Tirunelveli on 31-8-1991. I am to request you to grant one day special casual an 31-8-91 (Saturday) which is not a holiday for Doctors.


















GOVERNMENT OF TAMIL NADU
ABSTRACT

Tamil Nadu Medical Service-Civil Surgeons in General line- Temporarly appoinment Joint Director of Health Services-Fixation of pay under Fundamental Rule 22(13) -Request-Orders-Issued.

HEALTH AND FAMILY WELFARE DEPARTMENT.

G.O.Ms .No. 699 Dated the 30th June, 1992,
Thiruvalluvar Aandu,2023, Angirasa.Aani, 16.

Read:-

1.G.O Ms. No. 1760 Health, dated 11.10.90.
2. G.O.Ms No. 7IO,Health,dated 13.5.91.
3. G.O.. Ms .No. 703, Health, dated 27.5.91.
4. G.O.Ms .No.877 Health, dated 12.3.91.
5. G. O . Ms ,No. 1009, Health, dated 5.7,1991.
6. G.O.Ms. No. 1433, Health, dated 11.11.1991
7. G.O. Ms .No. 25, Health dated 6-1-1992.
8. G.O. Ms .No. 200, Health, dated 24.2.1992.

Order:

Consequent on the re-organisation of the administrative set up of Medical, Public Health and Family Welfare Departments at District level, the posts of District Medical Officers in the Districts were upgraded as Joint Director of Medical Services. The nomenclature of the post was later changed as Joint Director of Health Services. Though the post of Joint Director of Medical Services (Medical ESI andP.D)in the Office of the Director of Medical and Rural Health Services are manualised the post of Joint Directors in Districts are unclassified. Action is being taken separately to amend the Social Rules as they had been upgraded on a pemanent basis pending amendment to avoid hardship to the incumbent of the posts the Government direct under Ruling (i) underfundamantal Rule 22-B that the pay of Officers temporarily appointed as Joint Directors of Medical Services / Health Services in the Government orders read above, be fixed under Funadamental rule 23(D) in the scale of Rs,4100-5300-wltheffectfrom the date of taking charge.

This order issues with the concurrence of Persaonnal and Administrative Reforms (F.R.I) Department vide No. 46616/92-1 dt. 25-6-1992.




LDisNo.2708/85/B
Office of the Chief Judi. Magistrate Salem. Date 13-8-85

CIRCULAR


SUB : Criminal Cases - Summoning of Medical witnesses
recording of theirevidence - Instructions-Issued.

Ref : Letter Ref - No 25 /85 dt. 12-8-85 from the Secretary Tamil Nadu Asst Surgeons Association. At Salem.

It is reported that in certain Criminal courts, the Doctors who have been summoned to give evidence in criminal cases were detained for a long time.

Doctors may be examined as early as possible so as to enable the them
to attend duties after giving evidence.

Receipt of the circular is to be acknowledged.

Sd/- N. Ramadoss

Chief Judicial Manastrate Salem.






















ABSTRACT

Compensation - Recommendation of the Maruthamuthu Committee for creation of Corpus Fund to make payment of compensation awarded by courts-Accepted Creation Corpus. Fund-Orders Issued.

HEALTH AND FAMILY WELFARE (E1) DEPARTMENT

G.O.(Ms)No.81 Dated; 25.4.2003

Read Again:

1. G ,O.Ms.No.133, Health and Family Welfare Department dated 9.7.2002.

Read also:

2. From the Director of Medial and Rural Health Services Letter No,40985/e7/2/99 dt 6.8.2002

3. From the Director of Medial and Rural Health
Services. LR. No.40985/E7/2/99dt:17.2.2003&24.3.03

Order:

In the G.O.first read above orders were issued on the recommendations of Justice Maruthamuthu Committee constituted to give its report suggesting guidelines and measures to be adopted in respect of litigations in court arising out of the mishaps . In the said G.O., orders were issued inter alia for the creation of Corpus Fund from the contribution of Rs.10/-(Rupees ten only) per month from every doctor.

2. The Director of Medial and Rural Health Services, in his tetter third read above has sent proposals for the creation of a Corpus Fund.

3. The Government accordingly constitute a Corpus Fund to provide compensation awarded by the courts on the cases filed against Government Doctors for occurrence of Medical mishaps Each Government Doctor wili contribute a sum of Rs.10/- (Rupees ten only) per month to build up the above fund.

4. The monthly subcription of Rs. 10/- from each Government Doctor shall be recovered from the salary from the month of April 2003,






5. The Commissioner of Treasuries and Accounts shall administerthe Fund. This will be subjected to Audit by theinternal Auditor and Chief Auditor of State leave Board.

6. The monthly subscription of Rs.10/- recovered from the said doctors shall be credited to the following new head of account.

K. Deposits and-Advances- Deposits not bearing interest -8443-00 Civil Deposits -800. Other Deposits- AU. Corpus Fund for payment of Compensation awarded by courts on the cases filed against Government Doctors". (DPC.8443 00 800 AU 0004) (Receipts)

7. Sanction of compensation awarded by the court shall be debited under the foiiowing new head of account.

" K. Deposits and Advanced Deposits not bearing interest - 8443-00 Civil Deposits - 800 Other deposits AU. Corpus Fund for payment of Compensation awarded by courts on the cases filed against Government Doctors".
(DPC.844300 800 AU 0003) (outgo)

8. The Director of Medical Education / The Director of Medical and Rural Health Services/Director of Public Health and Preventive Medicine/Director of Family Welfare shall process the sanction of compensation awarded by the court in respect of the said doctors under their control taking into account of the recommendation of the High Level Committee constituted under the Tamil Nadu Government Doctors Corpus Fund as in the Annexure to this order and accord sanction for the amount of compensation payable from the Corpus fund and toward the same to the Commissioner of treasuries and Accounts.

9. The Commissioner of Treasuries and Accounts shall issue Cheques f Demand drafts as the case may be based on the sanction accorded by The Director of Medical Education /The Director of Medical and Rural Health Services/Director of Public Health and Preventive Medicine/Director of Family Welfare and intimate them,

10.The Commissioner of Treasuries and Accounts be the Estimating, Reconciling and Controlling Authority for the above head of Account.










11. No schedules need to be attached to pay bills for the deduction made on separate accounts maintained therefore

12. Pay drawing officers will be responsible for the prompt recovery subscription.

13. The rules framed for administrating this scheme are appended to this order.

14.The operation of the Corpus Fund will be reviewed after one year depending upon the functioning of the scheme.

15. This order issues with the concurrence of Finance Department vide its U.O. No. 29/JS(Per)/2003 dated 22.4.2003.

( By Order of the Governor)

GirijaVaidyanathan
Secretary to Government

The Director or Medial and Rural Health Services ,Chennai-6
The Director of Medical Education ,Chennai-10
The Director of Public Health and Preventive Medicine,Chennai-6
The Director of Family Welfare,Chennai-6
The Accountant General., Chennai-1 8/35
The Accountant Generally home. Chennai-18
The Commissioner of Treasuries and Accounts .Chennai
The Pay and Accounts Officer, (South)Chennai-35
The Pay and Accounts Officer ,(North)Chennai-1
The Pay and Accounts Officer, (East) Chennai-5
The Pay and Accounts Officer, Madurai
All the District Treasuries Officers.
The General Secretary, Government Doctors Association.
Copy to:
The Finance Department, Chennai-9
The Finance Education Department, Chennai-9

/ Forwarded by Order/
(G.Thangamani)

Secretary to Government






GOVERNMENT OF TAMIL NADU
ABSTRACT

The Medical Service- Measures to improve Health Care Services in Tamil Nadu Strengthening of Health Administration at various levels-Orders-Issued.
--------------------------------------------------------------------------------------------------------

HEALTH AND FAMILY WELFARE DEPARTMENT

G.O.Ms,No.684 Dated: 18/12/98.

Read :

1. G.O.Ms. No.736, Health dated 16/05/1991..
2. G.O.Ms.No.57, Health dated 14/01/1992.
3. G.O.Ms.No.58, Health dated 14/01/1992.
4. G.O.Ms.No.285, Health dated 04/05/1995.
5. G.O.Rt.No.279, Health dated 03/03/1997.

Read also:

From the Director of Medical and Rural Health Services,, Lr.No.17432/E3/1/97 dated 12/11/1998. ,
*****
ORDER:

The Government have been taking various measures to strengthen the Health Care System and administration at various levels in the past 3 decades to improve the Health Delivery for the Public. With a view to strengthen the Health Administration and Health Care Delivery Schemes in the Urban areas and in Rural areas, the Government introduced four year plan in the Government Order first read above. The Scheme was ordered with view to strengthen the Health Care and Administration at various levels, extend specialist care at District level and below and to improve referral system from Community Health Centre, Taluk level, District level to Medical College Hospitals and attached specialist Institutions, with such simultaneous strengthening of specialities and facilities -to provide quality Services to the needy population.









2. The Government keeping in view the objectives of strengthening the Health Care delivery systems as also the broad guidelines evolved therefore, in the Government Order first read above, created the categories of posts viz., Senior Civil Surgeon, Civil Surgeon(T) and Senior Assistant Surgeon during 1991 in the Government Order 3rd read above.

3. The pattern of staff sanctioned during 1991-92 was attempted to be implemented over a period of 4 years. But, the 4 year plan could not be implemented effectively due to non-identification of posts and other administrative problems viz., delay in preparation and approval of panels etc. Hence the Government could not continue the 4 year plan after June 1996. The Government however have felt the need to strengthen the Health Administration effectively and extend specialist care to reach Rural population, in the present context of development of Medical Education by means of starting new Government Medical Colleges, up gradation of Primary Health Centres into Government Hospitals and formation of District Headquarters Hospitals as soon as New Districts are formed. The Government have also kept in view the possibility of utilizing the potential of the available staff effectively. In order to achieve the allowed objectives of the Government as originally envisaged under the 4 year-plan, with the concerted efforts, co-ordination and co-operation among the staff at various levels in the various Director of ths Health Department, the Government have decided to implement the staffing pattern sanctioned in the references cited as applicable to the present number of districts and hospitals as indicated in the annexure to this Government Order, subject to the conditions stipulated hereunder:

i) No new additional posts will be created; strengthening will be done through upgradation of post in the feeder category of Assistant Surgeon,

ii) No new units will be created or additional supporting staff provided. iii)The Doctors who were exempted from 24 hours duty before the introduction of the four year plan would alone be eligible for exemption from duty.

iv) Wherever the up gradation are involved movement will be on the basis of Civil Medical List for all categories except movement into the category of Readers which will be subject toadhoc rules,

v). The existing doctors in the grade of Civil Surgeon (T) shall be designated as Additional Civil Surgeon without change of any duties and the scale of pay.

vi) The distribution of staff shall be as identified in Annexure-l, Annexure -II and Annexure -III respectively





vii) The staff so identified shall not exceed the sanctioned strength under each category at any point of time. The identified posts under each category shall be filled-up in accordance with the CML List as also special rules/adhoc rules governing the posts in Tamil Nadu Medical Service.
viii) All attempts will be made to implement the distribution of posts as identified in the Annexures. However, if there are operational problems in moving the persons to the identified posts, the posts of Assistant Surgeons, Senior Assistant Suvgeons and Additional Civil Surgeons can be interchanged without affecting the functional efficieny of the Institution/department concerned.
ix) Similarly the posts of Civil Surgeons and Senior Civil Surgeons shall also be interchangable, based on the need, subject to the Special Rules/Adhoc Rules governing the posts.

4. The Government have also taken into consideration the-administrative delays caused on account of preparation of panels for the posts of Civil Surgeons and various specialities, in order to avoid the problems inhibiting the Health Care Delivery System, and ensure uninterrupted Health Administration and Health Delivery at various levels, the Government delegate powers to the Director of Medical and Rural Health Services for preparation of panels for the purposes of issue of posting orders by the Directorates concerned for the various categories of posts carrying the time scale of Rs. 120007- and below.

5. The Government also direct that the pattern of staff sanctioned in para 3 above and the powers delegated to the Director of Medical and Rural Health Services in para above shall come into force with immediate effect.

6. This order issues with the concurrence of Finance Department vide its U.O.No5i59/FS/P/98,dated 17/12/98.

(By order of the Governor)
V.VISWANATHAN,
SECRETARY TO Government.

To
The Director of Medical and Rural Health Seivices, Chennai 6. .
The Director of Medical Education, Chennai 5.
The Director of Public Health and Preventive Medicine, Chennai 6.
The Accounant General, Chennai 18.
The Accountant General, Chennai 35.
The Accountant General (Audit), Chennai 9.
The Pay and Accounts Officer, Chennai 35.
The Pay and Accounts Officer, Chennai 5.
DEPUTY DIRECTOR OF MEDICAL AND
RURAL HEALTH SERVICES (ADMN.)


ANNEXURE-1

Distribution for the posts of Senior Civil Surgeons and Civil. Surgeons

 

DENTIFICATION OF POSTS


NUMBERS


Readers, Senior Readers, Professors, Addl. Professor including Deputy Directors Etc., under the control the DME

742

Deputy Director of Medical and Rural Health Services

32

Deputy Director of Medical and Rural Health Services (TB)

28

Deputy Director of Medical and Rural Health Service of Lepros;

24

Deputy Director of Medical and Rural Health Services (Directorate)

2

Hospital Superintendents of District Head Quarters Hospitals

26

Hospital Superintendents of ESI. Hospitals

7

Resident Medical Officers of College Hospitals

11

Resident Medical Officers of Speciality Hospitals under DME

16

Resident Medical Officers of District Headquarters Hospitals

26

Regional Administrative Medical Officers of ESI Scheme

4

Medical Officers of Taluk Hospitals

157

Medical Officer of Non Taluk Hospitals having more than 50 beds

8

Superintendents of TB Hospitals

5

Chief Medical Officers of Police Hospital

7

Dental Surgeons in District Head Quarters Hospitals

26

Dental Surgeons in ESI Hospitals

7

Resident Medical Officers in ESI Hospitals, Ayanavaram, Coimbatore & Madurai.

3


Civil Surgeon Specialities in District Head Quarters Hospital,

207

ESI Hospitals

40

Medical Officers of ICDS

40

Medical Officer of School Medical Inspection

40

Chief Medical Officers ESI Dispensaries

158

Medical Officer of Block Primary Health Centres and Community Health Centres.

424



2000

 

 








ANNEXURE-II

Distribution for the post of addl. Civil Surgeons

 

IDENTIFISATION OF POSTS


NUMBERS


5 in each of the District Headquarters Hospitals .5x26

130

Medical Officers of Non-Taluk Hospitals having less than 50 beds.

61

Second Medical Officers of the ESI Dispensaries

158

Medical Officers of District Ophthalmic Units

26

Medical Officers of Blood Banks

90

Medical Officer of Mental Health Programme

1

Medical Officers of Mobile Medical Units

11

Special Departments in District Head Quarters Hospitals

240

Special Departments in Taluk & Non-Taluk Hospitals

222

Second Medical Officers of Taluk Hospitals

157

3 in each 7 ESI Hospitals

21

Second Medical Officers in Community Health Centre & Upgrade Health Services.


91


Factory Medical Officers

7

Medical Officers of Peripheral Hospitals including NGGOs Dispensaries under the control of the DME

20


2 Additional Readers in each of 7 specialities in Medical Collegs

154

1 Reader in each of 12 Specialities in 11 Medical Colleges

132

5 in each speciality Hospitals 5x16

80

20 in each Medical College Hospitals 20x 1 1

220

Medical Officer of Accident & Emergency Units

63



1884

 

 













ANNEXURE-iii

Distribution for the posts of Senior Asst.Surgeons/Asst. Professors.

 

IDENTIFICATION OF POSTS


NUMBERS


5 per 26 District Head quarters Hospitals


130


5 per ESI Hospital at Ayanavaram, Coimbatore & Madurai.


15


5 Per TB Hospital Nagercoil


5


1 each for Taluk & Non Taluk Hospitals having 2 or more Doctors

Medical Officer in charge of Primary Health Centre than Block Primary Heath centre


208 990


20 for each Medical College Hoipitals 20x11


220


3 for each speciality Hospitals 3x16


48




1616

 

 






















GOVERNMENT OF TAMIL NADU ABSTRACT

Establishment, Health and Family Welfare Department - Counselling for transfer and promotion - Guidelines - Certain modifications - issued.

HEALTH AND FAMILY WELFARE (A1) DEPARTMENT

G.O. (Rt.) No.2143 Dated: 8-10-2002

Read:-

(1) G.O.(D) No.508, Health, dated 10-4-2002.
(2) From the Director of Medical and Rural Health Services letter No.57622/ E1 /1 /2002,dated 01.07.2002.
(3) From the Director of Medical and Rural Health Services letter N0.55015/E3/1/2002, dated 04.07.2002.
(4) From the Director of- Public Health and Preventive Medicine letter N0.96973/E5/A4/2002, dated 02.07.2002.

ORDER:

In the Government order first read above, the Government have issued guidelines for conducting counselling for transfer and promotion to the personnel working in the Health Departments. The Heads of Departments have reported that they are facing certain practical difficulties while conducting counseling and suggested certain modifications to the guidelines for effective and fair administration.

2. The Government have examined the suggestions of the Heads of Departments in detail and decided to issue certain modifications to the guidelines issued in the Government Order first read above.

4. In partial modifications of the orders issued in the said Government Orderfirst read above, the Government issue the following guidelines:

i) Counselling for transfer winthin the Directorate be held once in 3 months, During January, April, July and October.

ii) Counselling for transfer inter Directorate be held once in a Year








iii) In a District where there is 15 % and above of the total sanctioned strength of Medical Officer/Para Medical staff in the Medical Institutions under the control of Director of Medical and Rural Health Service, are vacant the Medical Officers /para Medical staff from that district are not eligible to take part in counselling till the vacancy position in that district improves.

iv) 75% of the total sanctioned post in a particular Medical Institution under the control of DME /DMS should not be kept vacant.

v) In the case of Primary Health Centre in a District where there is 10% and above of the total post of Medical Officers / Para Medical staff are vacant, the Medical Officers / Para Medical staff from that district are not eligible to take part in counselling.

(vi) Further, in the case of PHC, where there are only 2 sanctioned posts of Medical Officers, at least one Medical Officer should be available and in the case of PHCs where there are 3 sanctioned posts of Medical Officers, minimum 2 Medical Officers should be available. Wherever there are no lady doctors available in a Primary Health Centre, vacancies in such Primary Health Centre shall be reserved for Women,

vii) Medical Officers/Staff who were transferred and not joined but went on long leave should not be entertained for counselling.

viii) Medical Officers/other Para Medical staff who have been transferred on disciplinary grounds be declared not eligible for counselling till the disciplinary case is over.

ix) Lady Medical Officers recently appointed through Tamil Nadu Public Service Commission and the Medical Officers appointed in PHC through Employment Exchange recently should not be considered for counselling till they have completed one year or till April 2003 whichever is later.

x) No transfer should be effected In-between the counselling periods, other than those required on administrative grounds based on allegations and charges, which should be recorded in writing.










xi) Director of Public Health and Preventive Medicine and Director of Medical and Rural Health Services should first identify the overall vacancies in the Medical Institutions under their control. Based on the current level of vacancies, the vacancies available in Medical Institution nearby City or Urban area where other Medical facilities are easily available be identified and such vacancies need not be notified at present for filling up during counseling, and the posts be kept vacant till the overall vacancy position Improves after fresh recruitment of Medical Officers/ Para Medical staff

xii) Station seniority in the present posting alone will be the criteria for determining the priority for transfer counselling.

x/ii) All criteria meant V priority in counseling as issued in Para 3 of the annexurltotheGO.(D) No-508 Health, 10-4-2002 discontinued.

xiv) Existing as well as resultant vacancies for counselling / date of counselling shall be made available on the web-site and also in the Notice boards of the Medical Institutions.

xv) Vacancies of the posts wherein the incumbent is on leave for more than
2 months and as well as vacancies that will be filled by promotion during the
next quarter will also be notified for counselling,

xvi) Outcome of the counselling shall be determined and exhibited (except the cases where the Government is the- transferring authority) on the same
day itself,

xvii) Medical Officers with Post Graduate/ diploma qualification / super
specialities shall not be considered for posting in ESI Dispensaries.
Those already working in such dispenseries- shall be moved to Government Hospitals where there Services are required in a phased manner.

(BY ORDER OF THE GOVERNOR)


GIRIJAVAIDYANATHAN
SECRETARY TO Government









GOVERNMENT OF TAMIL NADU
ABSTRACT
Medical Attendance - Issuse of certificates - Fees to Assistant Surgeons and Civil Surgeons - Rates - Enhanced - orders issued.

HEALTH & FAMILY WELFARE DEPARTMENT

G.O. (2D)No.10 Dated : 1-2-1993

Read again :
1. G.O. Ms. No. 1410 H& FW, dated 20-3-1984
Read also
  1. Govt.Ir.No.87327/S2/92,H&FWdt. 24-12-1992.

Order:

In the G.O. First read above, orders were issued amount other enhancing the fees for Medical examination and issue of physical fitness certificated payable to the Assistant Surgeons and Civil Surgeons or indicated below:

Nature of certificate Existing Revised
Rate Rate
1 2 3

Rs. Rs.
(i) Medical Examination and issue
of physical fitness certificate
Assistant Surgeon 5 10
Civil Surgeon 15 20

2. The Tamil Nadu Assistant Surgeons association has requested for revision of fee as indicated below:-

Postmortem certificate : Rs. 150/-
Fitness certificate : Rs. 50/-
Wound certificate : Rs. 50/-










After careful examination, Government have decided to enhance the existing rate of fees.

3. Accordingly the Government direct that the fees for Medical examination and issue of physical fitness certificate etc., payable to the Assistant Surgeons and Civil Surgeons be enhanced as indicated in column 3 below :

Nature of certificate Existing rare Revised rate
(1) (2) (3)

1) Medical Examination
and issue of physical

fitness certificates

Assistant Surgeon 10/- 30/-
Civil Surgeon 25/- 50/-

ii) Wound Certificate:

Assistant Surgeon -- 50/-
Civil Surgeon -- 50/-

The Government also direct that the question of the fee payable for the postmortem certificate will be considered later.

4. The Director of Medical & Rural Health Services is requested to send proposals to Government for amending the appropriate paragraphs in the Tamil Nadu Medical code Volume I

(By Order of the Government)















GOVERNMENT OF TAMIL NADU
ABSTRACT

Health- Tamil Nadu Medical Service Public Health and Preventive -Medicine Medical Services - Medical Education - Formation of three Directorates - Decision - Order - issued .

HEALTH AND FAMILY WELFARE DEPARTMENT

G.O. Ms. No. 110. Dated 20th February. 1995

Order

The Government have been actively considering various measures to improve the quality of Medical Education and the quality of Primary Health Care in Rural areas. One of the major impediments in these areas is the existence of an unified cadre for Medical Officers. Medical Officers are recruited and posted to the Primary Health Centres initially. Such Officers invariably look for postings at the district hospitals or teaching Institutions and do not stay on in the Primary Health Centres for period As a result the quality of Primary Health Care has adversely been affected. Since there are transfers from teaching Institutions to non-teaching Institutions, continuity in the teaching profession is not maintained. While teacher ability and competence are sent to non-teaching posts, instances of Medical Officers having no aptitude for teaching coming to the teaching hospitals are not uncommon. The management of the cadre is also difficult with diffused responsibilities among the of Heads of Department

2. The matter was discussed at length in consultation with the Heads of Departments. On the basis, of these discussions, the Government have come to the conclusion that it would be necessary in the Public interest to create the following Medical Services.

(i) Tamil Nadu Public Health and Preventive Medicine service,
(ii) Tamil Nadu Medical Service and
(iii) Tamil Nadu Medical Education Service












Fresh Recruitment will be done by the Tamil Nadu Public Service Commission directly to above Services. The Government are to the opinion that such a division of Services would give the option to hew recruits to choose the Service their depending on their aptitude and interest. Those who are keen on serving serving Rural area would join the Primary Health and preventive Medicine Service and those who are interest in teaching can have the option to go to the Medical Education Service Since.personal are selected on the basis of their aptitude and interest it is expected that they would take interest in their respective Service there by improving the quality of Health delivery and the quality of teaching. The management of the cadre would also be easier with each head of the departments having total responsibility over the staff under him. The present situation of diffused responsibilities would vanish. The Government also decide that there would be an administrative cadre in each Service to man the administrative posts with a view to improve the of administration in the Medical Department.

3. The Government consider this as a land mark decision in improving the Health care of the people of Tamil Nadu and they are of the view that the above decision in principle should be followed up immediately. The Government There fore constitute a committee under the chairman ship of Secretary to Government, Health and Family Welfare Department with Director of Medical education, Director of Medical and Rural Health Service and Director of Public Health and Preventive Medicine as Members to work out the various details and frame rules for implementing the above decision of the Government. The Committee is empowered to co-opt any official required for this work. The Committee is directed to finalize its recommendations at the earliest.

4. The above decision of the Government would not be applicable to the present incumbents in the Tamil Nadu Medical Service, who will be governed by the present service conditions-

( BY ORDER OF THE GOVERNOR)














Copy of Govt. Letter No.15570 / B2 / 87-2 Health and Family Department, dt: 29.6.1987

Sub : Tamil Nadu Medical Service- Assistant Surgeons - Break in Service of certain Asst. Surgeons - regularization -reg.

Ref : 1. From - the Tamil Nadu Asst .Surgeons Association letter
No.4/87dt. Nil
2. Your letter No. 97503 / E6 / 2 / 84 dt. 25.2.87
3.YourletterNo.21616/E6/2/87dt.3.3.87

---

I am directed to invite attention to your letters cited and to request you-to take action with, reference to the orders in G.O.Ms. No.400, P&AR dt 7.4.86 for regulating the breaks occurred in the officiating Services of the Asst. Surgeons prior to 7.4.86 also though the break in Service occurred even period to, 7.4.86 vide Govt. letter No.44316 / 86-4 / FR. Ill / dt. 29.8.86 (copy enclosed) I am also to state that the actual period of break in Service should not be taken into account for calculating the probation period and that actual duty period alone should be counted for probation.

2. I am also to state that it does not matter how the breaks occurred. In cases where break occurs in officiating Service due to ousting for want of vacancy, action can be taken with reference to the orders issued in G.O.Ms. No.400 P&AR. dt. 7-4.86 and based on these orders Note land 1A underFR.26(a) has been amended in G.O.Ms . No.1 072, P&AR dt.31. 10.1986. As Per the revised note 1 under FR.20(a) the conditions indicated in the erstwhile FR-26(a) are not in existence now.

/ true copy /

















Copy of Govt. Letter No. 44316/86 - 4 Personnel and Administrative Reforms (FR.3 Department, Madras, dt.29.3.1986.

Sub: Personal -Officiating Government Servant re-appointed after discharge from Service past Service counted for increment - clarification issued.

Ref : G.O. Ms. No. 400, Personnel and Administrative Reforms (FR.3) Dept, dt. 7.4.1986

In the G.O. cited orders were issued directing that if an officiating Government Servant is discharged from Service for want of vacancy in a post, ho shall, on re-appointment to the same post, draw the pay last drawn prior to his discharge from Service and that the periods during which such pay was last drawn, count for purpose of future increment in the time scale of pay of that post. The above order takes effect from 7-4-1986.

2. Prior to the issue of the G. 0. cited, orders were issued by the Govt. or Heads of department concerned condoning the break in the Service of officiating Government Servants so as to enable them to count their past Service period to the break for the purpose of increment.

3. A point has been raised whether orders need be issued condoning the breaks which have occurred prior to the issued of the G.O. cited since the above ordertakes effect from 7.4.1986.

4. The Government hereby direct that although G.O.Ms. No. 400 Personnel and Administrative Reforms (FR.3) Department dt. 7-4-86 takes effect from 7-4-1986, it is not necessary to condone specifically intention underlying the said G.O. is that instead of condoning the break, the appropriate authority shall take action to count the past Service rendered by the Government servant prior to the break and fix subsequent increments.

/ True copy /













ABSTRACT

Planning and Development - Reorganization of Department of Medical and Rural Health Services at District Level and redistribution of work between Joint Director of Health Services and Deputy Director of Medical and Rural Health Services and Family Welfare - certain difficulties in the implementation -Restoration of original setup - Orders -Issued.

HEALTH AND FAMILY WELFARE (Fi) DEPARTMENT

G.O. (Ms) No. 14 Dated: 10.1.2007

Read:

1. G.O. (Ms). No. 151, Health and Family Welfare, dated 5.3.2004.
2. From the Director of Medical and Rural Health Services, letter No. 8722 / P&D II / 3/ 2004, dated 31.7.2006.

ORDER:

In the Government order first read above, orders were issued for reorganizing the administrative set up of the Department of Medical and Rural Health Services at District level and redistributing the work between Joint Director of Health Services and Deputy Director of Health Services and Family Welfare and 42 Health Unit Districts (HUD) were formed.

2. In his letter second read above, the Director of Medical and Rural Health Services has stated that with regard to shifting the office of the Deputy Director (Medical at Health Unit Districts), Building, Separate funds allotment and presenting the bills in the Treasury office, fuel, Delegation of powers, Delegation of appointing / Disciplinary powers, Budget provision. Family Welfare Programme, etc. certain difficulties are being experienced in implementing the reorganisation between the Joint Director of Health services and Deputy Director of Medical and Rural Health Services and Family Welfare at district level. The Director of Medical and Rural Hearth Services has also stated that it is impracticable to implement the orders issued in G,0. (Ms) No. 151. Health and Family Welfare Department, dated 5.3.2004 in letter and spirit. He has therefore requested the Government to cancel the orders issued in G.O. (Ms) No. 151, Health and Family Welfare Department, dated 5.3.2004 in order to restore the 'status quo' in the Department of Medical and Rural Health services before the issue of G.O. (Ms) No. 151, Health dated 5.3.2004 for better hospital administration in





providing quality health care to poor people and also for better administration of Family Welfare programme.

3. The Government have examined the proposal of the Director of Medical and Rural Health Services carefully and decided to accept it, The Government direct that the orders issued in the Government Order first read above be cancelled. The Government also direct that the Status quo in the Department of Medical and Rural Health Services prior to the issue of G.O. (Ms) No. 151, Health and Family Welfare Department, dated 5.3.2004 be maintained for better hospital administration in providing quality health care to poor people and also for better administration of Family Welfare Programme.

(BY ORDER OF THE GOVERNOR)
V.K.SUBBURAJ,
SECRETARY TO GOVERNMENT
To
The Director of Medical and Rural Health Services, Chennai -6.
The Director of Medical Education, Chennai -10.
The Director of Public Health and Preventive Medicine, Chennai -6.
The Accountant General -1 (A&E), Chennai -18.
The Pay and Accounts Officer, (East/North/South), Chennai 5/1/35.
The Pay and Accounts Officer, Madurai.
All Districts Treasury Officers, through Directorate of Medical and Rural Health
Services.
The Joint Director of Health Services of all District through Directorate of
Medical and Rural Health Services.
All Deputy Directors of Health Services through Directorate of Medical and
Rural Health Services.
All.Deputy Directors of Health Services, (Medical) through Directorate of
Medical and Rural Health Services
Copy to:
The Senior Personal Assistant to Ministerfor Health, Chennai -9.
All Sections in the Health and Family Welfare Department, Chennai -9.
SF/SC

//Forwarded / By Order//
SECTION OFFICER.









ABSTRACT

Tamil Nadu Medical Service - Redesignation of the posts of Lecturer / Registrar as Reader in Teaching Medical Institutions-Orders-Issued.

HEALTH AND FAMILY WELFARE (A1) DEPARTMENT

G.O.(D)No. 138 Dated: 29-1-2007
ViyaThai-15
Thiruvalluvar Andu 2037

Read :-

1. .G.O. (D) No. 322, Health and Family Welfare Department, dated: 6.3.2003
2. From the Director of Medical, Education, Letter No. 7353/ E1 (1)/05,dated,3.3.2006,13.4.2006,25.4.2006 and 18.12.2006.

ORDER:

In G.O (Ms) No.67, Health dated 12.02.98, orders were issued for Upgradation of Civil Surgeon as Senior Civil Surgeon, subject to the condition that the upgradation of the post shall not exceed the sanctioned strength of 2000 posts, Out of 2000 posts 134 posts of Registrars, Lecturers, Residential Medical Officers and Medical Officers .of Modern Medicine Dispensaries were allotted to the Directorate of Medical Education. In the G.O. (D) NO. 591, Health, dated 19.06.2000 the Government had earmarked 112 posts, among 134 posts as Lecturer / Registrar in the teaching side.

2. In the Government Order first read above, 33 vacant posts of Lecturer / Registrar were re-designated as Reader so as to meet the Medical Council of India requirements in the Medical Colleges, as the posts are having the Identical scale of pay.

3. The Director of Medical Education has reported among others, that if the Medical Officers relinquish their rights for promotion as Reader and continue to occupy their Lecturer / Registrar posts, those posts cannot be converted as Reader posts. This means that number of Reader posts to be created to fulfill Medical Council of India norms will increase and there will be substantial financial commitment to Government. Therefore, she has suggested that All the Medical Officers in the cadre of Lecturer / Registrars who have completed teaching experience and are eligible for promotion is instructed to attend the next promotion counseling and to take up the Reader posts it, implies that they are not interested in teaching.



They need not be permitted to offer relinquishment. Such, Lecturer / Registrars may be transferred to the Directorate of Medical and Rural Health Services side as Civil Surgeon specialists and requested to convert the existing 65 posts of Lecturer / Registrar as Reader with out any extra expenditure to the Government.

4. The Government after careful examination pass the following orders: -

(i) The remaining 65 posts of Lecturer / Registrar be converted as Reader in the same scale of pay of Rs. 12000-16500, with out any extra expenditure to the Government.

(ii) The Converted posts of Reader be utilised for filling up of the vacancy in the speciality concerned in the needy Medical Colleges as per Medical Council of India norms.

(iii) All the Medical Officers who hold the post of Lecturers / Registrars and Completed teaching experience in the Speciality are instructed to attend the next promotion counselling and to take up Reader posts in the available vacancies. Incase, they are not willing to take up Reader posts, it implies that they are not interested in in teaching side. They need not be permitted to offer relinquishment. Such Lecturer / Registrar will be transferred to the Directorate of Medical and Rural Health Service side as Civil Surgeon Specialists with out accepting their relinquishment.

(iv) The Director of Medical Education is requested to fill up the above 65 posts of Reader, after obtaining orders from the Government for re-distributions of posts as per Medical Council of India norms to the various Specialities in the Medical Colleges.

(BY ORDER OF THE GOVERNOR)
v.k: SUBBURAJ
SECRETARY TO GOVERNMENT

To
The Director of Medical Education, Chennai - 600 010, The Director of Medical and Rural Health Services, Chennai - 600 006. The Accountant General,
Chennai - 600 018.

Copy to
The Special Personal Assistant to Hon'ble Minister (Health), Chennai - 9.

/ Forwarded by Order/





ABSTRACT

Tamil Nadu Medical Service - Post of Civil Surgeons - Re-dessignation of the posts in the cadre of Civil Surgeons with 5 years teaching experience - after Post Graduate Degree as Reader and the existing Readers as Associate professors - Orders Issued.

HEALTH AND FAMILY WELFARE (A1) DEPARTMENT

G.O. No. 138 Dated : 2-2-2007
ViyaThai-19
Thiruvalluvar Andu 2038
Read :-

1. G.O. (Ms) 736, Health and Family Welfare Department, dated: 16.05.91
2. From the President Tamil Nadu Government Doctors Association representation dated: 16.11.06.
***

ORDER:

In the representation second read above the President of Tamil Nadu Government Doctors Association has requested the Government to re-designate all the civil surgeons with 5 years of teaching experience after Post Graduate Degree as 'Reader' with effect from 16.5.91, the date on which the post of Civil Surgeon (Temporary) was created by the Government in the Government Order first read above and also to re-designated Readers / Associate Professors will continue to discharge the duties assigned to Civil Surgeons / Reader respectively and in the same scale of pay.

2. The Government after careful examination have decided to accept the said request of the Tamil Nadu Government Doctor's Association. They accordingly direct that all the Medical Officers in the cadre of civil surgeons with 5 years of teaching experience after Post Graduate Degree in the respective Speciality shall be re-designated as 'Reader' with effect from 16.5.91 with out change of duties and responsibilities and in the same pay scale as applicable to Civil Surgeons. They also direct that the existing Medical Officers in the cadre of Readers shall be re- designated as direct that the existing Medical Officers in the cadre of Readers shall be - re-designated as Associate Professors in the same scale of pay.








(a) The re-designation ordered in para 1 above shall be subject to the follow conditions: -

(i) Those medical officers who have already been promoted as Readers / Associate Professors under the existing rule shall not be affected by this order.

(ii) The Service rights acquired under the existing service rules by the Medical Officers already promoted as Readers / Associate Professors shall not be taken away by this order.

(iii) The rights on the re-designated Readers / Associate Professor as per this order for consideration for further promotion is subject to their regular promotion as per the rules in force from time to time.

(iv) The re-designated Reader/ Associate Professor are not eligible for any pay revision based on this re-designation in the ensuing Pay Commission.

(B) The Director of Medical Education is requested to sent suitable proposal to amend the special rule for Tamil Nadu Medical Service in this regard in conformity with Medical Council of India norms and with prospective effect immediately.

(BY ORDER OF THE GOVERNOR)

V.K. SUBBURAJ
SECRETARY TO GOVERNMENT

To
The Director of Medical Education, Chennai - 600 010, The Director of Medical and Rural Health Services, Chennai - 600 006. The Director of Public Health and Family Welfare, Chennai - 600 006. All other Head of Departments under the Health and Family Welfare Dept. The Secreatry, Tamil Nadu Public Service Commission, Chennai - 2.

Copy to
The Law department, Chennai - 600 009.
The personnel and Administrative Reforms Department, Chennai - 600 009.
The Finance Department, Chennai - 600 009.

/ Forwarded by Order/







XIV. GRATUITY
(Pension Rule 45. 46. 47, 48)

Introduction
Gratuity is a lumpsum payment sanctioned to retired employees or to the family of employees who die while in service.

The rules say that the retired employee should be paid Gratuity on the next day of retirement But invariably, in too many cases it does not happen, unless a miracle takes place. In a number of cases brought to notice, there had been abnormal delay in releasing gratuity due to the irresponsible attitude on the part of administrators. This attitude should be put down, not by issuing more and more- circular stressing to follow instructions scrupulously but by prescribing a definite punishment on the in human persons responsible for such delays.

Rate of Gratuity
Rate of gratuity and methods of calculations have been furnished at the end of this book-Author

Nomination
The employee should execute a nomination to receive the amount in the event of his death. The intention of the nomination is that the money due should be paid to the family member in the event of death of the employees. Pension Rule 45 has prescribed the persons who could be nominated.

To ensure correct filing of nomination and proper maintenance the Government through their agencies, undertake annual inspection etc. It has also made the Head of office responsible to review the nomination once in five years and obtain revised nomination wher ever necessary, so that, there cannot be a case where an employee is left without nomination or filed defective nomination. If any such thing happens means, it shows the lapse of the administration which had not acted as per rules.

The employee should nominate only the family members as per provison under pension Rule 48.

Then next question comes to the average and confused administration, as to who should be nominated among the family members. Whether the employee can have choice in the filing of nomination? No. There is no choice. Proviso under pension Rule 48 categorically says nomination should be in the following order only. That is, where wife is alive, the employee cannot nominate even his child. When that is the case, how he can have liberty to nominate his concubine or Lord Venkateswara. From the order of preference given it is evident that the money should go only to the wife when she is alive, because she alone be the care taker of the children on the death of the bread -winner. The following is the order of persons from whom, an employee can nominate -Pension Rule 45,46 and 48.

i) wife or wives, including Judicially separated wife or wives in the case of male employee

(ii) Husband, including judicially separated husband in the case of female employee: (Divorce by custom is also recognised under law. But it is essential to prove that such custom prevailed in that particular case - Govt. Lr. No. 80 H8/Pen/89-5 Finance, dt. 17-1-90.

(iii) Sons, including step sons and adopted sons.

(iv) Unmarried daughters, including step daughters and adopted daughters.

(v) Widowed daughters, including step daughters and adopted daughters.

(vi) Father including adopted father in the case of individuals whose personal law permits such adoption.

(vii) Mother including adopted mother in the case of individuals whose personal law permit adoption;

(viii) Brothers below the age of 18 years including step brothers;

(ix) Unmarried sisters and widowed sisters, including step sisters.

(x) Married daughters

(xi) Children of pre-deceased son

(xii) Step mother (G.O. Ms. No. 1055, Finance, dt 28.12.83) and

(xiii) Only family members should be nominated - Govt. Lr. No.
138030/Pension 86-2 Finance, dt. 17.11.87. That is family members should be nominated in the order of preference. If family members do not survive then the gratuily will lapese.

(b) While executing nomination, the employee should also say the circumstances under which nomination will become invalid. For example, an unmarried employee should have chosen his mother as nominee. At that time of executing the nomination, it may be in order, because he does not have wife or children. In that case, he should indicate that the nomination will become invalid in the event of his getting married. Even if he failed to change his nomination on getting married, the amount should go only to the wife because the statutory rule declare two things very clearly (i.e.)



(i) The nomination should be in the order or preference (Rule 46).
(ii) The employee should say the circumstance under which Ihe nomination will
became invalid (Rule. 45)

So. nomination should be filed in accordance with the preference given in pension Rule 45 and 48 and nothing else.

No officer can act adamantly in defiance to rules when valid nomination is available. Even when the individual filing nomination arbitrarily, it is the onerous responsibility of the officer to check the validity of the nomination, attest it and paste it in the Service Book as per Govt. Lr. No. 138597/Pension/85-1 Finance, dt. 23.6.86.

(c) If more than one person is nominated, the share should be indicated (Pension Rule 48). [In this case also, the sharing members should be within the family only

(d) When the individual dies withoutfiling any nomination, the amount shall be paid the equal shares (i) wife/husband (ii) sons including step son and ado pled son, (iii) Unmarried daughter including step daughter and adopted (laughter (.Pension Rule 46). If there are no such members, then the amount shall he'paid in equal shares to item (5) to (12) indicated in (a) above-Pension Rule 46 (When the statutory rules prescribe fool proof methods for the filing and maintenance of nominations, it is not known how the contingency of "not executing the nomination" arises? -)

(c) If the employee dies while in Service or after retirement but before receiving the D.C.R.G., the share due to such member shall be disbursed to the family in the same manner as indicated in sub-Rule (1) and (3) of Pension Rule 48. In case, if he leaves no family or not filed any nomination, in that case, the amount shall be paid to the person nominated by the Court in the succession certificate issued for the purpose - G.O. Ms. No. 147, Finance, dt. 12.2.90 (This.applies when no family member is alive), (g) When a nomination is filed, payment shall be made to the nominee only if the nomination is otherwise in order. It should not be paid to other persons because they produce a succession certificate, etc. - Govt. Lr. No. 135030/Pension/86-2 Finance, dt. 17.11.87.

Minimum and Maximum Service required
(a) An employee should have minimum service of five years to earn
gratuity.







(b) In the case of death, the family will get double the rate of gratuity irrespective of minimum service.

(c) If the employee resigns his job, he is not eligible for gratuity unless the resignation is made to take up appointment in another Government department. In that case, he shall be allowed gratuity counting his past Service also - Pension Rule 23.

(d) Maximum gratuity is allowed upto 33 years of qualifying service. If a retiring employee has got less than 33 years, he will get proportionate gratuity. (30 years Service is enough for pension)

Payment of Gratuity-who will arrange payment?

(a) The Accountant General will authorise gratuity for payment to the drawing officer. If not, the authorisation will be sent to the officer who forwards the pension proposal. He will transmit the same to the Pay Drawing Officer -Govt. Lr. No. 131304-A/Pension/91-1. Finance, dt. 16.12.91 and Govt. Lr. No. 117009/Pension/91-1, Finance, dt. 13.11.91.

(b) In the case of self drawing officer, the authorisation will be sent to the head of office where the self drawing officer was., working at the time of retirement-Govt Lr. No. 117009/Pension/91-1, Finance, dt. 13.11.91.

(c) Whiie sending the proposal for gratuity, the name of the drawing officer, name of the Treasury, etc. should be indicated - Govt. Lr. No. 101886-A/Pension/91-I, Financed! 4.10.91.

(d) Payment of gratuity shall be made after obtaining an undertaking from the individual to the effect that he will make good the short recovery, if any, noticed at alaterdate-G.O.Ms.No.1234,Finance,dt.22.11.90.

(e) The gratuity may be released without insisting on the "No due certificate" - G.O. Ms. No. 741, Finance, dt. 9.7.90 and G.O. Ms. No. 1234, Finance, dt. 22.11.90.

(f) Where an employee against whom D.P. is pending, but retired from service without prejudice to pending D.P., in that case, gratuity may be paid in full, provided that the Government have not incurred any loss - Govt. Lr. No. 119107/Pension/88-4, dt. 22.3.84; G.O. Ms. No, 467, Finance, dt. 4.7.88; read with Govt. Lr. No. 93903/Pension/88-1, Finance dt. 12.9.88 and G.O. Ms. No. 784, Finance, dt. 16.10.91.







XII. PENSION
This chapter contains ike following copies
(1) Pension
(2) What are the admissible pensionary benefits ?
(3) Documents to be attached with pension proposals.
(4) Pending audit D.P., objections etc., - weather pension be stopped?'
(5) Immediate settlement of Retirement Benefits.
(6) How to calculate pension and gratuity?

Whether administrative sanction is necessary?

(a) The system of administrative sanction is dispensed with. That is Head of office may forward pension proposals to the A.G. directly. Sanction from any authority is not necessary. Some people unnecessarily forward the proposals to higher officials and delay the payment of pension. It is not good.

Different kinds of pension

Pension are of different kinds. The benefits vary depending on the pension. They are:
(1) Compensation Pension (Rule 38)
(2) Invalid Pension (Rate 36) (given separately)
(3) Superannuation Pension (Rule 32)
(4) Retireing Pension (Rule 33)
(5) Family Pension (Rule 49)

Compensation Pension: If an officer is discharged from Service due to the abolition of a permanent post, he may either opt to retire accepting pension or gratuity to which he may be eligible for the Service rendered or may accept different appointment on transfer to another establishment even on a lower pay. The pension so sanctioned, if he accepts the former, is called Compensation Pension.















Superannuation Pension: This is pension granted to an officer who is compelled to retire from Service on attaining a particular age. With effect from 1.4.1979, the age of retirement is 58 years for superior Service and for basic service, the age of retirement is 60 years.

Superannuation Pension will be allowed for a minimum Service of ten years of qualifying service. If the employee, on his retirement does not complete ten years of qualifying Service, he shall not be eligible for pension. Instead, he will be paid Service Gratuity in lieu of pension calculated at uniform rate of half months emoluments for every completed six monthly period of Service- Rule 32 and 43 and G.O. Ms. No. 1030, Finance, dated 14.12.1987 (effective form 14.12.1987).

Example: An employee should have ten years minimum Service to earn pension. If he does not have ten years service, he will get Service gratuity in lieu of pension. An employee who draws Rs.1000 receiving completing 8 1/2 years of service. As he has not completed ten years of service, he will be paid Service gratuity as indicated below.

(1) Total Service 81/2 years = 17 half years
(2) 50% of pay Rs.1000 = 500
(3) Service gratuity = 500x17= Rs.8500

Note: If he has got 20 half years of qualifying service, then, he- is eligible for
superannuation pension.

Retiring Pension: It is a pension granted to an officer, who, as measure of punishment, is compulsorily retired from Service before completing the qualifying Service of ten years.

Retiring Pension shall also be sanctioned to an officer who retires from Service voluntarily before attaining the age of superannuation -Rule 33 and 42.

Family Pension : Family Pension is the pension granted to the family of an employee who dies while in Service or after retirement. In case of temporary employees, one year Service is necessary and in respect of regular
employees, no minimum Service is required -Pension Rule 49.










[ADMISSIBLE PENSIONARY BENEFITS]

Terminal benefits available to an employee in the event of retirement or death while in service are many. They are

(j) Pension
(ii) Family Pension in the event of death
(iii) Service gratuity in lieu of pension in the case of an employee who had not completed ten years of service. In such cases, pension is not admissible,
(iv) Death-cum-Retirement Gratuity.
(v) Interest on delayed payment of gratuity (if D.C.R.G. is not paid within three
months)
(vi) Provisional Pension/Provisional- D.C.R.G. if sanction of Pension/
D.C.R.G. is delayed due to administrative reasons.
(vii) Re-employment (in the case of Teachers).
(viii) Medical Reimbursement/Medical Allowance
(ix) Commutation of Pension
(x) Voluntary Retirement.
(xi) Encashment of E.L. on the date of Retirement/death
(xii)TAto self and family to go the naiive place (in the case of death also).
(xiii) Advance for meeting the funeral expenses in the event of death (Rs.5000)
(xiv) To transport the dead body to the native place in the event of death
(xv) Educational concession to the children of the deceased employee.
(xvi) Compassionate ground appointment,
(xvii) Family Security Fund (Rs. 1,00,000)
(xviii) Employees Special Provident Fund (S.P.F. Rs.5000)
(xix) Settlement of G.P.F. accumulation,
(xx) Health Fund Scheme.


















It is the wish and aim of the Government that the above benefits should be released to the retired employee or the family of the deceased employee, as the case may be, immediately, without any loss of time. The Government have also formulated many checks to ensure prompt payment of these benefits. Inspite of all these measures, many cases of delays are noticed in the settlement of pensionary benefits. In one case, Family Pension and F.B.F. are not settled for the reason that an arrear bill is to be pre-audited. In one case, instead of clearing terminal benefits to the employee whose where abouts are not known (which was also confirmed by the police) the authorities go in for initiating D.P. treating the case as .in "Unauthorised Absence". Is it not fun and mockery on the rules? Why all these happen ? Because the people lack common sense and seldom fail to apply the mind when the problem is not their own.


DOCUMENTS TO BE SENT TO A.G.

In the case of retirement

(1) Pension proposals to be sent to A.G. before one year of retirement.
(2) Pension calculation sheet (in quadruplicate)
(3) Pension Form No. 7 (one) (New Form.)
(4) Nomination form for commutation of pension
(5) Specimen signature attested by the head of office (Duplicate)
(6) Photo of the employee along with the spouse (three copies) duly attested by
the Head of Office.
(7) Identification marks-Attested by Head of Office.
(8) Service Book
(9) Security Bond in Form No. 9 Where recovery if any. pending to be
adjusted.


















In case of death (Family Pension)

(1) Pension Form No. 14.
(2) Pension Form No. 17
(3) Specimen signature-Attested by the Head of the Office (Duplicate)
(4) Photo of the applicant (Duplicate).
(5) Finger Print of the righl hand of the applicant (duly attested)
(6) Identification Mark (duly attested)
(7) Other related documents, if any
(8) Death certificate
(9) Form No, 12 (Duplicate)
(10) Family Pension calculation sheet.


(PENDING D.P. AUDIT OBJECTION, ETC., - WHETHER
PENSION BE STOPPED?

(a) Disciplinary proceedings, Audit Objections, Financial loss etc are deemed to have been dropped if an employee dies"- G.O. Ms. No, 2999 Public dl. 4.12.89; Govt. Lr, No. 230 P & A.R. dt. 7.4.88 and G.O. Ms. No. 71 Finance dt. 8.10.91

(b) If an employee is conditionally retired, pension and gratuity shall not be released. Only provisional pension be sanctioned. If proposals had already been forwarded to A.G, he should be advised to stop payment.

(c) Where an employee dies, while H.B.A. is pending, in that case, H.B. A, shall be adjusted against Special Provident Fund (H.B.A.) and then, gratuity be paid in full - Govt. Lr. No. 610/H.B.A-I (2)192 dt. 20.7.93.

(d) "No due certificate" from A.G. is not necessary to release Gratuity -G.O. Ms. No. 1234 Finance dt. 22.11.90; Govt. Lr No. 693/Pension/Finance dt.. 6.7.92 and Govt. Lr. No. 131181/Pension/88-13 Finance dt. 8.11.90 and G.O. Ms. No. 741 Finance dt. 9.7.90.













(e) Where an employee is permitted to retire while DP. is pending for financial loss in that case, gratuity shall be paid with holding maximum amounl liable for the loss. The head of office should inform the A.G. about this fact-G.O. Ms. No. 784 Finance dt. 6.10.91; G.O. Ms. No. 286 Finance dt. 7.4.95; G.O. Ms. No. 287 Finance dt. 7.4.95 and Govt. Lr. No. 13755A/Pension/92-2 Finance dt. 20.2.92

(f) Where DP. is pending for administrative lapses not involving financial loss, in that case, gratuity may be released in full provided the employee has been permitted to retire conditionally-G.O. Ms. No. 467 Finance dt. 4.7.88 and G.O. Ms. No. 286 Finance dt. 7.4.95

(g) The A.G. shall authorise pension and gratuity without LP.C. The drawing office shall disburse gratuity after adjusting pending recoveries - G.O. Ms. No. 661 Finance dt. 6.9.91; Govt. Lr. No. 11009/Pension/91-1, Finance dt. 13.11.91 and Govt Lr. No. 13134/Pension/91 -1, Finance dt. 16.12.91

(h) All Government dues may be recovered from Gratuitity -Pension Rule 70.

(i) Where the dues cannol be immediately assessed for any reason, the retiring employee should furnish surety in Form No. 9, or equal amount should be withheld - Pension Rule 71.

(j) Government dues including over payment of pension will be recovered from family pension and D.A. arrears - G.O. Ms, No. 702 Finance dt. 7.10.88 and Govt. Lr. No. 26132/Salary-ll/89-2 Finance dt. 29.5.89.





















IMMEDIATE SETTLEMENT OF RETIREMENT BENEFITS

Introduction

The Government aim terminal benefits be settled immediately on retirement. The Government have also issued many instructions to enable the employees get pension in time, besides, liberalising Pension Rules for early and easy settlement.

To achieve earliest payment of terminal benefits, the Government have even dispensed with the system of issuing formal sanction by the Appointing Authorities. It is enough if the pension proposal are just forwarded to the Accountant - General, except where disciplinary proceeding are pending or contemplated.

Rules

(a) The pension sanctioning authority should send the pension proposals prior fo one year of retirement - Govt. Lr. No. 46902/Pension/91-1 Finance dt. 7.8.91 and Govt. Lr. No. 29053/Pension/95-l Finance dt. 21.4.95.

(b) The Head of Office is personally responsible to release the terminal benefits on the day of retirement - Govt. Lr. No. 131181 /Pension/88-13Financedt.8.11.90.

(c) Where the employee did not get the retirement benefits, he may send a report to the Pension Grivences Cell, P&A.R department. Secretariat, Chennai-9-Govt. Lr. No. 10530/PGC/87-2 P&A.R; dt. 16,6.87

(d) If pension is delayed, disciplinary action should be initiated against the persons responsible - Govt. Lr. No. 20765/83-1 P&A.R. dt. 27.2.84 and Govt. Lr. No. 70986/PG/90-1 P&A.R. dt. 4.10.90

(e) Where pension could not be released on the date of retirement or on the next day, the Head of Office or the authority competent should immediately sanction provisional pension-G.O. Ms. No. 220, P&.A.R. dt. 30.3.88 and Govt. Lr. No. 1521/PG-2/89-1, P&A.R. dt. 11.1.89 (Please see' chapter "Provisional Pension")












(f) For, prompt settlement of pension, following time limits have been prescribed - Govt. Lr. No. 13118A/Pension/88-13 Finance dt. 8.11.90.

(i) The Unit officer should write to the concerned people, at least one year before the date of retirement for the issue of no due certificate (No due certificate is not necessary as per latest rules)

(ii) The rental dues should be intimated before eight months

(iii) The head of office will start the work of preparing pension papers and verification of Services before two years of the date of retirement and rectify the defects if any, found in the S.B.

(g) To avoid complications at the time of retirement, records should be got verified by the A.G. on completing 28 years of Service or 53 years of age whichever is early- Govt. Lr. No. 337 Finance dt. 16.4.87; Govt. Lr. No. 29564/PGC/87-3 P & A.R. dt. 21.7.87 and G.O. Ms. No. 885 Finance dt. 26.1.95.

(h) The head of office is responsible to ascertain the dues on account of rent and other dues-G.O. Ms. No. 1227 Financed!. 19.11.85.

(i) Payment of S.P.F. and leave salary shall be made on the next day itself by sending bills in advance and obtaining post-dated cheques - G.O. Ms. No. 780 Finance dt. 8.11.93 (It means, bills should be sent before retirement and P.A.O should pass the bill and issue advance cheques -Author)

HOW PENSION AND GRATUITY ARE CALCULATED

 

Details of Service count


Authority


All regular Service(Pensionable service)


Pension Rule


Temporary Service excluding break


Pension Rule 3 (0) and 11. G.O.Ms.No.2P&A.R.dt.3.1.91;


 

Details of Service count


Authority


* Half of contingent service

* G.O. Ms. No. 437 Finance dt. 23.6.88


* Work charged service

* G.O. Ms. No. 550 P.W.D. dt. 31.3.93


* Central Government Service before joining state Government

* G.O. Ms. No. 977 P & A.R. dt. 23.10.87; G.O. Ms. No. 404 Finance dt. 6.6.91 and G.O. Ms. No. 38 Finance dt. 13.1.95


* Service rendered in state Government before joining Local Bodies, Universities and Co-operative institutions

* G.O. Ms. No. 638 Finance dt. 7.6.90


* E.O.L. to prosecute higher studies

* G.O. Ms. No. 846 Finance dt. 27.9.68 and Pension Rule 18.


* Military Service

* G.O. Ms. No. 1093 Finance dt. 10.10.90; G.O. Ms. 903 Finance dt. 31.12.93 and G.O. Ms No. 33 Finance dt. 12.1.95


* Service rendered in Local body excluding break (or vice-versa)

* G.O. Ms. No. 558 Finance dt. 10.7.95.


* Service rendered in State Government before absorbed in central undertakings

* G.O. Ms. No. 274 Finacne dt. 28.3.94.


* L.L.P. taken for employment abroad if the employee remits pension contribution and interest if any

* Govt. Lr. No. 123028/Pension / 90-5 Finance dt. 10-10-91.

 

Details of Service count


Authority


* The period for which foreign employer did not remit pension contribution.


Govt. Lr. No. 123028/Pension/ 90-5 Finance dt. 10.10.91.


* Service prior to resignation to take up another appointment in Slate Government


* Pension Rule 23

 

 


Which service will not count for Pension?

 

Service not count


Authority


Apprentice Service


* Pension Rule 13


E.O.L. without M.C.


* Pension Rule 18


* Suspension treated as penalty


* Pension Rule 20


* Boy Service


* Pension Rule 1 1


* Overstayal of Joining Time


* Pension Rule 24


* Leave not regularised


*


* Service in non-pensionable post


* Pension Rule


Interruption in service


*G.O. Ms. 827 Finance dt 24 and G.O. Ms. No. 530 Finance 23.6.94.


8.77 dt.

 

 












2. Date of Birth

The date of birth will be as entered in the Servicebook. In the absence of birth certificate actual date could not be ascertained. In thai case, the date of birth shall be as indicated below

 

When year alone is known, it shall be taken as


* 1st July of that year


When the year and month are known, it shall be taken as


* 16th of the month and year

 

 


The Government have prescribed minimum educational Qualification for all posts. So all the employees will possess Record Sheet or School Certificate with which the date of birth can be ascertained. As every employee possess certificate, this clause is not necessary. The rules may appropriately be modified that Date of Birth will be as entered in the Service Book.

3.Date of Retirement

Employees shall retire from Service on competing a particular age as
indicated below.

 

*Basic Service(Basic Service means minimum pay scale starts at Rs, 2650)


* 60 years


* Superior Service


* 58 Years

 

 


If the day of attaining 58 years (60 years in the case of basic servants) falls in the middle of the month, in that case, the employee shall retire at the end of the month - Note (i), F.R. 556 (a)


 

 

 
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