As per GO (Ms) No.214 dt 31/10/2002

NEWS

As per GO (Ms) No.214 dt 31/10/2002

The Govt has sanctioned a sum of Rs. 4,01,000/- to the Director of Medical Education to Deposit the same in the District consumer Disputes Redressal forum, Thanjavur.

The Dean, Thanjavur medical college Hospital, Thanjavur is authorized to draw and deposit the same in the District consumer Disputes Redressal forum, Thanjavur.

The District consumer Disputes Redressal forum in its judgement dated 5.4.2002 has ordered the Dean, Thanjavur medical College Hospital, Thanjuvur to pay compensation of Rs.4,01,000/- to Tmt. Rajeswari wife of the Deceased, in the cases O.P. No 22/2002 and 23/2002 filed by Tmt Rajeswari w/o Thiru Kumaresan and Aruna D/o Thiru. Kumaresan in the District consumer Disputes Redressal forum Thanjavur. Thiru Kumaresan died due to Myelogram Test at Thanjavur Medical College.

The Director medical education has also reported than as appeal was preferred in the state consumer Disputes Redressal commission Chennai on 10.7.2002. The state consumer Disputes Redressal commission, Mylapore, Chennai has given interim stay and ordered the Dean to Deposit the sum of Rs. 4,01,000/- in the District consumer Disputes Redressal Forum Thanjavur within six weeks.

Counselling for transfer and promotion Letter No. 35497/A1/2002-1 dated 18-10-2002

GOVERNMENT OF TAMILNADU

Secretariat,

Chennai – 600 009.

Health & Family Welfare Department

Letter No. 35497/A1/2002-1 dated 18-10-2002

From

Tmt. Girija Vaiyanathan, 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 (Rt) No.2143, Health, dated 8-10-2002.

I am directed to issue the following further instructions is continuation to the Guidelines issued in the Government Order citied :-

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 come under category 4(iii) in the case of Directorate of Medical and Rural Health Services and category 4(v) in the case of 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 criteria meant for priority whereas in the case of inter directorate transfers, CML seniority will be criteria for priority for counseling.

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, Counselling should be conducted for placement on promotion

Yours faithfully

For Secretary to Government

Copy to : All Officers in Health and Family Welfare Department, Chennai -9.

All Service Sections in Health and Family Welfare Department, Chennai -9.

Senior / Special Personal Assistant to Minister for Health, Chennai -9.

Counselling for transfer and promotion G.O.(Rt.) No. 2143:08-10-2002

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:08-10-2002

Read :-

(1) G.O.(D) No.508, Health, dated 10.04.2002.

(2) From the Director of Medical and Rural Health Services letter No.57622/E1/1/2002, dated 04-04-2002.

(3) From the Director of Medical and Rural Health Services letter No.55018/E3/1/2002, dated 04-04-2002.

(4) From te Director of Public Health and Preventive Medicine letter
No. 96973/5E/A4/2002, dated 02-07-2002

ORDER :

In the Government order first read above, the Government have issued guide-lines for conductiong counseling 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 administraton.

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 Order first read avove, the Government issue the following guidelines:-

(i) Counselling for transfer within 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 during March.

(iii) In a District where there is 15% and above of the total sanctioned strength of medical Officer/Para medical staff in the Medical Instittions under the control of Director of Medical and Rural Health Services, are vacant, the Medical officers/para medical staff from that district are not eligible to take part in counseling 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 counseling.

(vi) Further, in the case of PHC, where there are only 2 sanctioned posts of Medical Officers, atleast 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 counseling.

(viii) Medical Officers/other para medical staff who have been transferred on disciplinary grounds be declared not eligible for counseling 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 counseling till they have completed one year or till April 2003 whichever is later.

(x) No transfer should be effected in-between the counseling 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 over all 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 counseling.

(xiii) All criteria meant for priority in counseling as issued in para 3 of the annexure of the G.O.D.No.508 Health, 10-04-2002 be discontinued.

(xiv) Existing as well as resultant vacancies for counseling / date for counseling 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 counseling.

(xvi) Outcome of the counseling 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 dispensaries shall be moved to Government. Hospitals where their services are required in a phased manner.

(BY ORDER OF THE GOVERNOR)

Girija Vaidyanathan

SECRETARY TO GOVERNMENT

G.O.(M.S.) No : 133, Health : 09.07.2002 Justice M. Maruthamuthu Committee

GOVERNMENT OF TAMIL NADU

ABSTRACT

Committee – Justice M. Maruthamuthu Committee –Recommendations of

Committee –Acceptance of certain findings – Orders – issued.

HEALTH AND FAMILY WELFARE (E.1) DEPARTMENT

G.O.(M.S.) No : 133, Health Dated : 09.07.2002

Read : -

1. G.O. (MS) (2D)) No : 23, Health, dated:21.04.2002.

2. G.O. (MS) No: 407, dated:19.12.2000

Read also:-

1. Report of Justice Thiru. Maruthamuthu, dated:31.01.2002.

ORDER :

1. In the Government order first read above, a Committee was constituted to look into mishaps occurring during Professional duties of Doctors working in government and Private Hospitals and to submit a report suggesting the guidelines and measures to be adopted by government in respect of litigations in Court arising out of the mishaps. In the Government order second read above, Thiru. Justice M.Maruthamuthu, retired High Court Judge, was appointed as Chairman of the Committee.

2. The Committee which looked into the above issues in detail submitted its report to the Government on 31.01.2002. The Government have examined ¾ the recommendations of the Committee and pass the following orders to adopt the procedure whenever litigations arise due to the mishps that occur during the Medical/Surgical Treatment given by Doctors in Government Hospitals/Private Nursing Homes/ Hospitals.

I. To follow the existing procedure of allowing the Police registering the complaint under section 304 (a) I.P.C., and investigate.

II. To permit an officer of the rank of Deputy Superintendent of Police or Asst. Commissioner of Police to do the investigation.

III. To issue Departmental instructions for., not to arrest Doctors, as a matter of routine and to effect arrest only when it is legally justified and with the Consultaion of Senior Police Officers.

IV. To Create a Corpus Fund from the contribution of Rs. 10/- p.m. from every Doctor.

V. To make the Government Doctors, to Pay Compensation awarded, by Court in the Court first and then to apply for the refund of amount paid in the Court by Doctors from the Corpus Fund, thus created.

VI. To frame certain guidelines for the regulation of nature of cases eligible for re-imbursement from Corpus Fund and for administration of Corpus Fund.

VII. To Consider the creation of Corpus Fund as a trial measure only and to revise the subscription of Corpus Fund depending upon the functioning of this scheme after one year.

3. The Director-General of Police is requested to follow the procedures mentioned in the items (i), (ii)&(iii) in the paragraph 2 above, whenever occurrence of such cases take place in the Government Medical Institutions/Private Nursing Homes / Hospitals.

4. The Director of Medical and Rural Health Services is requested to take necessary action on the items mentioned in the paragraph 2(iv);(v);(vi) and (vii) above in the Government Medical Institutions.

(BY ORDER OF THE GOVERNOR)

Syed Munir Hod

Secretary to Government