REPRESENTATION TO LAW DEPARTMENT

ANDHRA PRADESH PARAMEDICAL CONTRACT EMPLOYEES ASSOCIATION. 

Regd No: 246/2017. AMARAVATI 

 SOME INFORMATION ABOUT PARA-MEDICAL CONTRACT EMPLOYEES:

The Government of India, Secretary-General Shri Karter Singh Duggal, in 1972 recommended primary health centers and sub-centers 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. 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 employees work hard and diligently with MPHA (M) & MPHA (F), LT Gr.II, Pharmacist Gr.II, Staff Nurses & Civil Assistants as 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:

     Contract paramedical employees recruitment for MPHA (M & F) Lab technician, Pharmacist, Staff Nurse etc posts in 2001 & 2002 in accordance with the procedure followed by 1995 & 1999 Paramedical recruitment (regular). In that period placement process has been done for Contract employment in the Department of Health Medical & Family Welfare through Paper notification, DSC, Written test, Rule of Reservation, Rule of roster, Clear vacancies, sanctioned posts and approved by the Ministry of Finance, so that the contract para-medical employees in the medical health department  are equal as per the basic principles of the Constitution of India Article 14 & 16.

 The government started contracting services in the medical and health sector in 1999. And in 2002, as per  the Govt Order Go.Rt.No.459 HM&FW Dept Dt:22.05.2002 the government issued a Notification (2002_Rc.No.1798_E4_DH_Contract Staff Recruitment Notification Dt:28.05.02) by maintaining 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.

        By following the 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, merit candidates appointed in government in sanctioned posts (i.e. aim to the regular job categories and approved by the M&H Dept and Finance Dept) through counseling for the workplace by following the roster points as per the government-mandated reservation. They are allowed to draw 100% gross salary under 300 OCS head of account through the treasury at that time.

The entire selection process was made similar to the existing regular appointments by following the A.P. STATE AND SUBORDINATE RULES i.e

1. Notification for the Posts.
2. Appointed by the District Selection Committee
3. Entire Process Headed by the Collector as a Chairman of the DSC 
4. Written Examination Conducted for selecting Candidates
5. Written examination conducted for 90 marks
6. Weightage for seniority of technical certificate  for 10 marks 
7. Candidates short outed by Following Roster
8. Following the Rule of Reservation for selection
9. Counseling conducted for the working places allotment
10. Appointments were given to join in sanctioned vacancies of prior approved regular posts
11.  These posts are allowed to draw 100% gross salary i.e. BASIC + D.A. + H.R.A + F.T.A + Other Allowances,   
12. Salaries to these posts are allowed to draw through the Treasuries.
13.  Working from more than 18 years.
14. Successfully completed the Departmental Training Programs from time to time 

These posts not be filled through APPSC, as per the Rule 3 of the The Andhra Pradesh Public Health Subordinate Service Rules [Go.Ms. No. 3842, Health, Dt . 31- 12 - 1964] 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 and public health maintenance. The Health Medical and Family Welfare Department never appointed its staff through APPSC, this department have its own infrastructure for recruitment procedure. 

In Andhra Pradesh the above paramedical posts were mostly filled by contract appointments from 2001. 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 regularize their services. If necessary, after the Regularization of Contracted Employees, the Government may appoint a Recruitment Board to recruit posts in Medical Services

 REGULARISATION OF SERVICES:

We are requesting Govt to take up the permanent recruitment as early as possible by absorbing the contract staff working with utmost dedication since 2001.

 1.      Telangana State: The Telangana State Government has bring the G.O.Ms.No.16Finance (HRM.1) department dated: 26/02/2016 to regularize contract employees in all government departments. But, the students of Osmania University have approached the court that the lecturers in the Department of Education should not be regularized in accordance with this Govt Order because the recruitment process for the regular posts of Junior Lecturer should be done through TPSC with required qualifications, but the contract Junior Lecturer recruitment process is against the rules and regulations. The students asked court to quash G.O.Ms.No.16Finance (HRM.1) department dated: 26/02/2016, so the regularization of contract employees in the state of Telangana was kept in pending. Therefore, in order to do justice to the eligible contract employees in the Health Medical and Family Welfare Department the State Government of Andhra Pradesh can issue a special Government Order and guidelines for regularization of contract employees.

2.      MANIFESTO: Hon'ble Chief Minister Shri Y.S. Jagan Mohan Reddy Garu have assured that will regularize services to 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 Government order for constituting a Cabinet Sub Committee in G.O.Rt.No.1567.,GAD.Dated: 10.07.2019. Further Govt appointed a working committe head by the Hon'Ble Chief Minister with G.O.Rt.No.2657 GAD Dt; 26.11.2019 and by giving G.O.Rt.No.2740 GAD 04.12.2019 fixed reporting date for submitting opinions about contract employees regularization  i.e. 30.06.2020. 

 3.      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 regularizing 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”.

 4.      ACT 2- 1994: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 a 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. Hence, Act 2 of 1994 is not applicable to contract employees.

 5.      APSSR: All the above employees are working in sanctioned posts of the state Govt. on contract basis. 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.

 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 Uma Devi and others Date of Judgement: 10/04/2006 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. The  Hon’ble Supreme Court of  India  also clarified to Regularize  the Contract Employees   having  more than  10  years of service  vide the Judgment  given in above  case. A  copy of  the  Paragraphs  No. 15  and  53  of the  Judgment  is  herewith  enclosed  for  favor  of  information. The Hon’ble Gowhathi High Court also endorsed the same vide in the case No:  WP(C) 255(K) of 2011 Date of delivery of Judgment and Order: 14.11.2014 (Para No: 20), is herewith enclosed for information. From more than 10 years we are praying the Government with utmost hope to regularize our posts 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 have permitted the Director of Public Health and Family Welfare, A.P., to appoint by promotion of Class –IV employees and Field Workers who satisfy the conditions enumerated at para–3 above 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. But where as we were already technically trained candidates 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 promotion by regularizing our services.

 8.      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.  we are all having the required qualification for absorption in the regular post.

 9.      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 regularized if the services are regularized the financial commitment very meagre. (Annexure – II Encl)

 10.  Andhra Pradesh state Govt. established a Group of Ministers (GOM) Committee for Regulation of Contract Employees Working in the State by issuing Go.Rt. No. 1567, GAD Date: 10.7.2019, again government issued Go.Rt. No.2657,GAD, Date: 26.11.2019 and appointed Chief Secretary of Andhra Pradesh as head and also setting up a Working Committee with IAS Officers, as per Go.Rt.No.2740,GAD Department, Dt:04.12.2019 this IAS committee is required to opinion report for regularization by  30 June 2020, still now the committee not submitted his report to the government however there is concern among contract employees that the regularization issue may be bypassed.

 11.  Contract staff in various departments of the Government of Andhra Pradesh has already been regularized by the following Government Orders.

i.     Go. Ms. No. 59 Social Welfare Department Date: 10.08.2007.

ii.   Go. Ms. No. 128 HM & FW Department Date: 19.06.2009.

iii. Go. Ms. No. 84 School Education Department Date: 24.07.2009.

iv. Go. Rt. No. 638 Law Department Date: 25.06.2020.

 12.  State Governments regularize contract employees following Supreme Court judgment in accordance with the exclusive powers vested in State Governments by Article 309 of the Constitution. Various State Governments had taken steps for the regularization of contract employees; here we are here submitting some orders:

                        i.         Govt. of Himachal Pradesh: No. PER (AP) C-B (2)-1/2019, No. PER (AP) C-B (2)-1/2019.

                        ii.         Govt. of Haryana: GAD No. 6/60/2007-1 GS 1, Dt: 03-08-2011, GAD No. 6/6/2014-1 GS 1, Dt: 14-08-2014.

                      iii.         Govt. of Odisha: No. 1066-GAD-SC-RULES-0009/2013/Gen.

                      iv.         Govt. of Mizoram: No. 1066-GAD-SC-RULES-0009/2013/Gen.

                        v.         Govt. of Punjab: No. PAL/Legis-2(197)2018/1753

13.  Ministry of Personnel, PG & Pensions Department of Personal & Training (DoPT), New Delhi issued No.49014/7/2020-Estt(C) for giving clarification on regularization of qualified workers appointed against sanctioned posts Uma Devi judgment facts/clarifications, and instructed to all concerned administrative authorities should take to effectively defend the court cases on the basis of principles in the Umadevi Judgment and instruction of DoPT within in the period without giving any scope to the courts to decide the cases against the Government on grounds of delay in filling its reply/appeal. Any laxity in the matter to comply with these instructions leading to adverse orders of the courts shall be viewed seriously inviting disciplinary action in the matter. In this letter DoPT repeated the instructions in DoPTs O.M. No. 49019//1/2006-Estt (C) Dt: 11.12.2006.

….in the case of Secretary State of Karnataka and Ors Vs. Uma Devi it was directed that any public appointment has to be in terms of the constitutional scheme. However, the supreme court in Para 44 of the aforesaid judgment directed that the Union of India, the state governments and their instrumentalities should take steps to regularize as a onetime measure the services of such irregularly appointed who are duly qualified persons in terms of the statuary recruitment rules for the post and who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or tribunals. 

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About JOHN HENRY