REPRESENTATION. DATED. 01.11.2019

ప్రస్తుత పరిస్థుతులలో మనం మన గళం వినిపించ వలసిన అవసరం వచ్చింది, కావున మనం ప్రభుత్వానికి గతములో చేసిన విన్నపమును మీకు మనపై అవగాహన కల్పించాలని ఇక్కడ పోస్టు చేస్తున్నాము. దీనిలో గతములో జరగిన సంఘటనలు కూడా ప్రస్తావించాము దయచేసి పూర్తిగా చదివి అర్ధం చేసుకొని మనకు కూడా అడిగే రెగ్యులర్ కొరకు అడిగే హక్కు  వుంది అని తెలిసుకొని మనం రెగ్యులర్ అయెంత వరకు ఆగకుండా వుండే విధముగా మనం కార్య చరణ వుండాలని ప్రతి ఒక్కరు ప్రతినభూని ముందుకు రావాలని కోరుచున్నాము.  

Letter No: 34/APPMCEA/2019                                                                             Dt: 01.11.2019

MEMORANDUM SUBMITTED TO HON’BLE HEALTH MINISTER SRI. ALLA KALIKRISHNA MOHAN (NANI) GARU, HEALTH MEDICAL AND FAMILY WELFARE DEPARTMENT.

ANDHRA PRADESH

Respected Sir,

Sub: M&H Dept - Contract Paramedical Employees - Submitting representation for regularizing the services by eligibility and service – Hon’ble Chief Minister Sir have promise – req – reg

 

Ref: G.O. Rt. No. 1567 GAD Dated: 10.07.2019.

*******

We submit that the Contract Paramedical Employees information in Medical and Health Department. AP for giving suitable information to regularize the Paramedical staff in the Medical and Health Department. AP.

The Government of India, Secretary-General Shri Kartar Singh Duggal, in 1972 recommended primary health centres and sub-centres and other related institutions for public health in India. In the Medical and Health Department paramedical cadres are designated various posts with different expertise such as health assistants, nurses, lab assistants, physiotherapists, pharmacists, and midwives. Some caders working in various programs in the Medical and Health Department such as Basic Health Worker, Malaria Worker, Health Education Assistant and Family Health Assistant, Death Registration are converted as a Multipurpose Health Assistant Post and appointed MPHA-Male cadre to work in villages, primary health centres and primary sub-centers by giving proper training on important programs in Medical Health Department to serve rural and urban people. We all carry the paradigm of paramedical services in the public health care system with the single motto "Prevention is better than cure" in our state.

These paramedical workers are very important partners in the public health care system in India to achieve the objectives of all national health programs and to control infectious/communicable diseases in the plain and remote areas. Paramedical employees are implementing national programs for those who want to prevent infectious/communicable diseases and at the same time keep the AP state high in the national health rankings. They only stay with the common people and are always working for public health.

 

These contract employees work hard and diligently as a MPHA (M) & MPHA (F), LT Gr.II, Pharmacist Gr.II, Staff Nurses & Civil Assistants caders on par with the regular employees of the Medical and Health Department, Carrying out national programs for those in need of public services to prevent infectious diseases. Due to their role in family control and immunization awareness children are working hard to become healthy citizens of our country. At the same time, they placed Andhra Pradesh to be ranked first in the National Health Rankings.

 

CONTRACT SYSTEM IN MEDICAL AND HEALTH DEPT:

The government started contracting services in the medical and health sector in 1999. And in 2002 the government issued a notification as per the guidelines of the G.O.Rt.No.217 HM & FW Dept. Dt.26.02.2001 in various newspapers on 20.07.2002 to fill-up 737-Civil Assist Surgeons, 152-Pharmacist Gr-II, 271-Lab Technician Gr-II, 425-MPHA (F), 2324-MPHA (M), 312-Staff Nurses and 5-ophthalmic posts.

Representing general public employment policy all District Selection Committees headed by District Collectors conducted the District Level Written Examination on 11.08.2002 on merit basis, these employees appointed in government sanctioned posts (i.e. approved by the M&H dept and Finance Dept) through counselling for the workplace at the maintained roster points (RoR) as per the government-mandated reservation. they are permitted to draw 100% gross salary under 300 OCS head of account through the treasury.

The total appointments were done under contract basis, the entire selection process was made similar to the regular posts by following the A.P. STATE AND SUBORDINATE RULES and Gazette Notification. i.e

1.      Following the Rule of Reservation

2.      Following Roster

3.      Selection through merit in the written examination for 90 marks

4.      Weightage of 10 marks to the seniority for technical certificate  

5.      Counselling for the working places on merit basis

6.      These posts are clearly sanctioned vacancies of regular posts approved by the Finance Department

7.      These posts are allowed to draw 100% gross salary i.e. BASIC + D.A. + H.R.A + F.T.A + other allowances. 

8.      Salaries to these posts are allowed to draw through the Treasuries.

9.      Working from more than 16 years.

10. Successfully completed the Departmental Training Programmes from time to time strengthening the Department in serving the poor as per Government Norms.

 

We humbly submit that, all these posts are sanctioned by the finance department and allowed to draw 100% gross salary attached to the post with the pay scales as per every PRC since the year 2002 that is from last 16 years. So this is humbly submitted to you Sir, that there is no additional Finance exchequer to the Honourable government.    

            These posts cannot be filled through APPSC, under the circumstances of urgent need in health sector these paramedical posts are appointed with District selection committees. Their services are very essential for hospital maintenance. In Andhra Pradesh the above paramedical posts were mostly filled by contract appointments from 2002. The contract employees are being continued for the last several years without proper salaries and allowances. They cannot go for any other job in this age. It is fair and reasonable to regularise their services. But there is no system in the government for maintain proper system to recruitment the skilled paramedical persons. If necessary, after the Regularization of Contracted Employees, the Government may appoint a Recruitment Board to recruit posts in Medical Services.

REGULARIZATION OF SERVICES:

We are requesting to take up the permanent recruitment as early as possible by absorbing the contract staff working with utmost dedication since 2002.

 

1. MANIFESTO: Hon'ble Chief Minister Shri Y.S. Jagan Mohan Reddy Garu have assured that will regularize services of contract employees in the Medical and Health sector, The Chief Minister Shri. Y. S. Jagan Mohan Reddy Garu promised in his election manifesto that he would address the issue of the Regularization of Contract Employees, and issued a Government order for constituting Cabinet Sub Committee in G.O.Rt.No.1567., GAD. Dated: 10.07.2019, Therefore, the employees of the contract have great confidence on Chief Minister Sir.

 We are submitting some information about the feasibility of the Contract Employee Regularization process in AP and other states at this time for favourable consideration.

 

2.     PRC COMMITTEE: In 10th PRC Vol-I P.K. Agaraval committee clearly recommended that the recruitment must be conducted periodically and hiring of contract and outsourcing is not desirable. (18.06.) (Annexure-III). “The Commission is of the view that the vacancies arising in Government offices need to be notified and recruitment conducted periodically, for effective and systematic functioning of offices. Hiring of personnel on Contract or through Outsourcing for regular posts was not desirable as it would have a deleterious effect on administration in the long run. 

 

Outsourcing of personnel for the performance of statutory functions had to be restricted and regular recruitment done for all such posts through APPSC / DSCs. In this connection we request the Commission to formulate guidelines for regularising the services of contract employees. The system of appointing employees on contractual service should be dispensed with and regular recruitment should be taken up for these posts”.

 

The previous government was reluctant to take up regular jobs even after the PRC committee suggested to regularize the services of the contract employees that the administration would have an impact, as per the instructions of the PRC Committee appointments should be made by the District Selection Committee on vacant sanctioned posts. We are the employees appointed in pure sanctioned vacant posts of the medical and Health department. The Union of Ministers constituted by the Government should set up guidelines for regularization of services of contract employees those who are already employed in the contract posts.

 

3.  ACT 2- 1994: Andhra Pradesh Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay structure) Act, 1994. Which will come in to force with effect on and from the 25th November, 1993. This is the act to regulate appointments and prohibit irregular appointments in offices and establishments under the control of the state government, local authorities, corporations owned and controlled by the state government and other bodies established under a law made by the legislature of the state to rationalise the staff pattern and pay structure of employees therein and for matters connected therewith or incidental thereto.

According to the above said act under Clause 4(b) of Act 2 of 1994 provides that “a panel prepared by any Selection Committee constituted for the purpose in accordance with the relevant rules or orders issued in that behalf” and 4(c) of the said Act provides that “the candidates having the requisite qualification and sponsored by the employment exchange in other cases where recruitment otherwise than an accordance with clauses (a) and (b) permissible”. All these parameters are taken into consideration by the Govt. at the time of the above contractual recruitment. Therefore, contract workers now working in the Medical Health Department don’t have trouble with Act 2/1994, as Act 2/1994 stipulated for the daily wage, NMR, Consolidated pay and Contingent workers regularisation.                                          

In the year 1994 Andhra Pradesh state Govt. issued G.O.Ms.212 F&P(FW.PC.III) Dept. Dt: 22-04-1994 formulated a scheme for the regulation of the persons appointed on Daily Wage/NMR or on Consolidated Pay and are continuing on the data of commencement of the Act. Government accordingly decided that the services of such persons who worked continuously for a minimum Period of 5 years and are continuing on 25-11-1993 be regularised by the adopting authorities subject to fulfilment of the following conditions:

1.      The persons appointed should passes the qualification prescribed as per rules in force as on the date from which his / her services have to be regularised.

2.      They should be with the age limits as on the date of appointment as NMR/Daily wage employee.

3.      The rule of Reservation wherever applicable will be followed and back log will be set-off against future vacancies,

4.      Sponsoring of candidates from Employment Exchange is relaxed,

5.      Absorption shall be against clear vacancies of posts considered necessary to be Continued as per work-load excluding the vacancies already notified to the Andhra Pradesh Public Service Commission / District Selection Committee.

6.       In the case of Work charged establishment where there will be no clear vacancies because of the fact that the expenditure on Work charged is at a fixed percentage of P.S. charges and as soon as work is over, the Services of work charged establishment will have to be terminated, ‘they shall be adjusted in the other departments, District offices there are clear vacancies of the last Grade.

By adopting the same GO so nearly all departments regularised the contract employees in the state here are some examples

                                                           i.            G.O.(P) No. 112 Finance (FW.PC.III) Dept Dt: 23-7-1997.

                                                         ii.            G.O.Ms.No. 24 Social Welfare Dept Dt: 05-02-2001.

                                                       iii.            G.O.Ms.No. 27 Social Welfare Dept Dt: 19-4-2003.

                                                       iv.            G.O.Ms.No.108 I&CAD (ser.V) Dept Dt: 21-10-2010.

                                                         v.            G.O.Ms.No. 35 Social Welfare Dept Dt: 09-06-2015.

At the time of Act 2 of 1994 came into force there is no contract system in Medical and Health Department and in the Andhra Pradesh State Government. Therefore, the Act makes no reference to regulating contract service employees, but now contract employees in every department are looking forward to regularize their services. Therefore, some law amendments need in Act 2/1994 to give justice to contract workers in regularization like G.O.Ms.No.16 Finance(HRM-I) Dept., Telangana. Dt; 26-02-2016.

 

4. APSSR: All the above employees are working in sanctioned posts of the state Govt. under contract appointment. As per Rule 10(a) of the State & Subordinate Service rules, where it is necessary in the public interest to fill emergently a vacancy in a post borne on the cadre of a service, class or category and if the filling of such vacancy in accordance with the rules is likely to result in undue delay, the appointing authority may appoint a person temporarily, otherwise than in accordance with the said rules, either by direct recruitment or by promotion or by appointment by transfer, as may be specified as the method of appointment in respect of that post, in the special rules. In this connection Govt. should take up regular timely appointment.

As per Rule 10(i) of the State & Subordinate Service rules, Notwithstanding anything contained in these rules or special rules, if and when, a temporary post is created as an addition to the cadre of any service, class or category and the holder thereof is required by the State Government to possess such qualifications, knowledge or experience, any person who possesses such qualifications, knowledge or experience and who is considered to be the most suitable person to discharge the duties of such post may, irrespective of other considerations, be appointed temporarily to that post by the appointing authority; but the person so appointed shall not, by reason only of such appointment, be regarded as a probationer in such service, class or category nor shall be acquire thereby any preferential right to future appointment to such service, class or category. The staff appointed in Medical and Health department followed all the procedure laydown to the regular appoint to fill up the contract employment in the state in 2002 Notification, at this point the employees working / appointed in 2002 notification came under probation.    

5.      Again we submit that, we would like to inform you some of the methods that have been adopted by Andhra Pradesh State and some other states in the past to regularize the contract employees in their respective states.

 

1.      In 2006 Sericulture department regularize the contract staff with GO.MS.No.66 Social Welfare Dept. Dt: 25.08.2006 by adopting the G.O.Ms.No.43, HM&FW (B2) Dept. dt:25-02-2005 by giving appropriate weightage to the contact employees. And maintained same procedure in addition 15marks for Interviews marks introduced regularize the in service contract MPHA(F) in the Medical and Health Department in the G.O.Rt.No: 1246 HM&FW Dept Dt: 20-09-2006and in G.O.Rt.No. 625 HM&FW Dept Dt: 17-05-2008.                   

2.      In the year 2013, the Panchayat Raj Rural Development issued orders for regularization of contract employees with 15% service weight and 10% certified weightage for 100 marks in G.O.Ms.No.379, PR & RD Dept., dt.14-08-2013 by adopting the method that Medical and Health Department in G.O.Ms.No.287, Medical & Health Dept., Dt. 19-10-2010 for regularizing the Contract employees.                                                      

3.      Telangana State Govt. issued orders in G.O.Ms.No.16 Fin (HRM-1) Dt in Telangana State in 2016; 26.02.2016 and G.O.Ms.No.20 HM&FW Telangana, Dt:22-03-2017 given 40 weightage marks for the regular of the contract employees by amending the Act. 2/1994.                                                            

4.      The Punjab Regularization of Service Act 2018 has been enacted by the Government of the State of Punjab to make a resolution in the Assembly and to regularize all the contractors working in the State at the same time.                                                                                                                             

5.      In the year 2016, the Government of Manipur decided to take a decision in the Cabinet to regularize the special education teachers working in the State. Also G.O.Ms.No.31, School Education Dept., dt. By 13-02-2009, 1030 vocational schools in the State of Andhra Pradesh were regularized.                                                                                                                 

6.   As per the Supreme Court orders in the Umadevi versus Karnataka case in Chhattisgarh states in 2016 has been regularizing those who have been serving in the Sanction posts for more than ten years. of Karnataka and others Respondent: Umadevi and others Date of Judgment: 10/04/2006) - (IN THE GAUHATI HIGH COURT (The High Court of Assam, Nagaland, Mizoram and Arunachal Pradesh) Permanent Bench Kohima Case No: WP (C) 255 (K) of 2011 Date of Delivery of Judgment and Order: 14.11.2014)

 

6.  COURT ORDER: Hon’ble Supreme Court of India in CASE NO.: Appeal (civil) 3595-3612 of 1999 Secretary, State of Karnataka and others Vs Umadevi and others Date of judgment: 10/04/2006 (A copy of the Paragraphs No. 15 and 44 of the Judgment is herewith enclosed for favor of information.) and The Hon’ble Gowhathi High Court vide in the case No:  WP(C) 255(K) of 2011 Date of delivery of Judgment and Order: 14.11.2014.

(A copy of the Paragraphs No. 20 of the Judgment is herewith enclosed for favor of information) The Hon’ble Supreme Court of India and Gowhathi Court given instruction to Regularize the services of Contract Employees those who are working more than 10 years. We ae the contract employees working more than 10 years in Government with utmost hope for regularization of services, to lead our families which are facing so many financial problems. (Annexure – IV & V)

 

7. The Government have issued GO.Ms.No.43, Dt; 04.03.2011, HM&FW (J2) Dept., according to which, the Govt. issued permission to the Director of Public Health and Family Welfare, A.P., to appointment by transfer of Class –IV employees and Field Workers who satisfy the conditions enumerated at para–3 to the post of Multi Purpose Health Assistant (Male), against the available vacancies as a one-time measure in relaxation of orders issued in G.O.Ms.No.273, HM&FW (H1) Dept., dated 24.4.1989 and provided promotion for last grade employees who have obtained Multi Purpose Health Assistant (Male) certificate to that of Multi Purpose Health Assistant (Male) as a one-time measure subject to the fulfilment of following conditions :

a)     Possess Intermediate Qualification in addition to MPHA (M) certificate;

b)     Those without Intermediate qualification but have passed SSC will be given four years from the date of ad-hoc appointment as MPHA (M) to obtain Intermediate qualification, failing which they would be reverted back to their original grade;

c)     Should have been trained as MPHA (M) in the Government training institute as an in-service candidate and has successfully passed the examination;

d)     Should be registered with the A.P. Para-Medical Board;

e)     Should have completed ten years of regular service as last grade employee with a clean record.

f)      Should fulfil other statutory requirements like rule of reservation, local to the district and the availability of unencumbered vacancy etc., and

g)     Women with above qualification are also eligible for appointment

h)     Any other condition, the Government may stipulate.

 

With the effect of the G.O.Ms.No.273, HM&FW (H1) Dept., dated 24.4.1989 (Annexure – I) Govt. commenced eligible qualification for the MPHA(M) post with Intermediate in the above orders, but Govt. now made amendments  to the  G.O.Ms.No.273 with wide GO.Ms.No.107, Dt; 23.05.2012, HM&FW (J2) Dept, in rule 4 under the Table in column (3) against category 3, i.e. must have passed S.S.C (10th Class) or any other equivalent qualification for the post of Multipurpose Health Assistant (Male and Female). i.e.  

In this connection, some employees working in contract basis are having Intermediate education and some are having SSC education as qualification, and SSC is the qualification for MPHA post in the given notification for filling the 2324 contract posts in G.O.Ms.No. 459 HMFW Dt: 2002,  in GO 43 Govt. issued instructions as per the rules available as on date of GO release and the qualification for the post of Multi-Purpose was changed and We are all having the required qualification for absorption in the regular post, and technically trained in Govt. Recognized institutions and qualified in the written exam conducted by the District Selection Committee. In view of the above GO, we may be permitted for regularize by giving required training in Govt. institutions after issuing service regularizing orders.

 

8. Govt were issued orders in Go. Ms. No. 27., HMFW Dept Dt:16.03.2018 (Annexure – VII) the Total number of all Contract employees in Medical and Health Dept and Medical Education, Commissioner of Family Welfare, AYUSH, APVVP -  21896. (Annexure- 1 Encl).  In this 14155 contract employees under NHM Scheme sponsored by Central Sponsored Schemes. Belongs to other total number of contract employees 7741 recruited through District Selection Committees following Rule of Reservation. The services are not regularised if the services are regularised the financial commitment very meagre. (Annexure – II Encl)

         In view of the circumstances explained above, we request our Hon’ble Health Minister Sri. Alla. Kali Krishna Mohan (Nani) garu, Health Medical and Family Welfare, Government of Andhra Pradesh to kindly consider the request of the contractual employees i.e., allow to regularize our services by eligibility,  service and appointed with DSC and working in sanctioned posts MPHA (M) & MPHA (F), Lab Technician Gr.II, Pharmacist Gr.II, Staff Nurses of Medical & Health Department to extend the benefit of Regularization attached to the posts of contract employees as per G.O.Ms.No.459, HM & FW Dept, dated 22.5.2002 and G.O.Rt.No.217, HM & FW (J2) Dept., dt.26.2.2001.

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About JOHN HENRY