10 A 1 vs Contract Medical Consultants

The Tamil Nadu State and Subordinate Services Rules
They shall come into force on the 1st January 1955.

Appointed to a service
(1) A person is said to be “appointed to a service” when in accordance with these rules or in accordance with the rules applicable at the time, as the case may be, he discharges, for the first time the duties of a post borne on the cadre of such service or commences the probation. Instruction or training prescribed from members thereof.
*(Explanation - The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a higher post in the same service or a post borne on the cadre of another service or to discharge the current duties thereof does not amount to appointment to the latter service;)

• Rule 10 : Temporary Appointment
• 10 a (i) 1
• 10 a (i) 2
• 10 a (ii)
• 10 a (iii)
• 10 a (iv)
• 10 a (v) a
• 10 a (v) b
• 10 a (v) bb
• 10 a (v) c
• 10 a (v) d
• 10 b
• Rule 11. Appointment by agreements

10.Temporary appointment:
10 a(i) (1) where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in a post borne on the cadre of a service, class or category and there would be undue delay in making such appointment in accordance with these rules and the Special Rules, the appointing authority may temporarily appoint a person, who possesses the qualifications prescribed for the post otherwise that the accordance with the said rules.
*(Added Vide G.O.Ms.No.21, P&AR (S) Dept., 23-1-96 w.e.f.23-1-96)
*(Provided that no appointment by direct recruitment under this clause shall be made of any person other than the one sponsored by the Tamil Nadu Public Service Commission from its regular or serve list of successful candidates to any of the posts with in the purview of the Tamil Nadu Public Service Commission.)
*(Added Vide G.O.Ms.No.21, P&AR (S) Dept., 23-1-96 w.e.f.23-1-96)
(Provided further that the reserve list of successful candidates shall be in force until the regular list of successful candidates is drawn up subsequently; and that candidates shall be allotted from such reserve list for the vacancies in the place of those who have not jointed duty.)
Provided also that appointment by direct recruitment under this clause (1) in respect of posts within the purview of Tamil Nadu Public Service Commission shall be made, only where new posts with new qualifications are created temporarily and where the Tamil Nadu Public Service Commission does not have a regular or reserve list of successful candidates for sponsoring.
*Added in G.O.Ms.No.856, P & AR (Per.P) dt.28-8-86 w.e.f.28-8-86
Substituted in G.O.ms.No108, P & AR (Per.S) dt. 27-3-91, w.e.f.16-6-90
10a (i) (2) Omitted Vide G.O.Ms.No.21, P & AR (S) Dept., 23-1-96 w.e.f.23-1-96)
10a (ii) Where it is necessary to fill a short vacancy in a post borne on the cadre of service, class or category and the appointment of the person who is entitled to such appointment under these rules and the Special Rules, would involve excessive expenditure on traveling allowance or exceptional administrative inconvenience, the appointing authority may appoint any other person who possess the qualifications, if any prescribed for the said service, class or category.
10a (iii) A person appointed under clause (i) shall be replaced as soon as possible by a member of a service or an approved candidate qualified to hold the post under the rules, and in any case, he shall not be continued for a period of more than one year from the date of his temporary appointment;
*(Substituted vide G.O.Ms.No.21, P &AR (S) Dept., 23-1-96 w.e.f.23-1-96)
10a (iv) where it is necessary to appoint an officer against whom an enquiry into allegations of corruption or misconduct is pending, the appointing authority may appoint him temporarily, pending enquiry into the charges aginst him. The competent authoiry shall have discretion to make regular appointment in suitable cases.
10a (v)a Person appointed under clause (i), (ii) or (iv) shall not be regarded as a probationer in such service, class or category or be entitled by reason only of such appointment to any preferential claim to future appointment to such service, class or category. The services of a person appointed under clause (i), (ii) or (iv) shall be liable to be terminated by the appointing authority at any time without notice and without any reason, being assigned.
10a (v) b and 10 a (v) bb: Omitted.
(Vide G.O.Ms.No21, P&AR (S) Dept., dt.23-1-96 w.e.f. 23-1-96)
10a (v) c A person appointed to any part-time post created in lieu of a whole time post borne on the cadre of a service, class or category shall not be regarded as a probationer in such service nor shall be entitled by reason only of such appointment to any preferential claim to future appointment to such service. class or category.
10a (v) d Notwithstanding anything contained in these rules, if and when a temporary post is created as addition to the cadre of any service, class or category and the holder thereof is required by the State Government to possess any special qualifications, knowledge or experience, any person who possess such qualifications, knowledge or experience and is considered to be best the fitted to discharge the duties of such post may, irrespective of other considerations, be appointed 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 appointment, be regarded as probationer in such service, class or category nor shall he acquired hereby any tial right to future appointment to such service, class or category.

* (10 A. Recruitment to posts, which are outside the purview of the Tamil Nadu Public Service Commission.— (a) Where the posts are outside the purview of the tamil Nadu Public Service Commission, recruitment shall be made only by calling for names of eligible candidates from the Employment Exchange. In respect of specialised posts for which candidates are not a vailable with the Employment Exchange, the appointing authority shall get a certificate of a non-availability from the Employment Exchange, and call for applications from eligible candidates by advertising the posts in prominent daily newspapers giving the number of vacancies and indicating the qualifications, etc.)
(Provided that this sub-rule shall not apply in the case of appointments of dependants of Government Servants who die in harness, or the Government servants who retire from service on medical invalidation before obtaining the age of fifty years.)

10 (b) The candidates to be appointed shall be selected on the basis of merit by the appointing authority, or by an officer designated by the appointing authority or by a Committe of Officers not exceeding three duly constituted by the appointing authority, subject to the rule of reservation of posts wherever applicable after subjecting the candidates to an oral interview and, if necessary, a short written test which can be evaluated in a short time.
* Inserted in G.O.Ms.No.605, P & AR (Per.S) dt. 3-6-80, w.e.f.3-6-80
Added in G.O.Ms.No.354, P & AR, dt.20-06-89, w.e.f.3-6-80

11. Appointment by agreements. –
11 (1) When in the opinion of State Government Special provisions inconsistent with any of these rules or of any other rules made under the proviso to article 309 of the Constitution of India or continuing by ARticle 313 of that Constitution (hereinafter referred to in this rule as the said rules) are required in respect of conditions of service, pay and allowances, pension, discipline and conduct with reference to any particular post, or any of them, it shall be open to the State Government to make an appointment to such post otherwise than in accordance with these rules or the said rules and to provide by agreement with the person so appointed for any of the matters in respect of which in the opinion of the State Government special provisions are required to be made and to the extent to which such provisions are made in the agreement, nothing in these rules or the said rules shall apply to any person so appointed in respect of any matter for which provision is made in the agreement:
Provided that in every agreement, made in exercise of the powers conferred by this rule it shall further be provided that in respect of any matter in respect of which no provision has been made in the agreement the provisions of these rules or of the said rules shall apply.
11 (2) A person appointed under sub-rule (1) shall not be regarded as a member of the service in which the post to which he is appointed is included and shall not be entitled by reason only of such appointment to any preferential claim to any other appointment in that or any other service.

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Contract Medical Consultants and Contract Pharmacists

As per G.O No 81 H& FW Dept, dated 13.04.2005, para 4.iii

Such persons (Pharmacists) appointed on consolidated pay shall be brought into regular time scale of pay on completion of two years

As per G.O No 197, H& FW Dept, dated 07.06.2004, Annexure IV paras 4, 5 and 6 where doctors are appointed on Contract Basis

1. The Appointee shall not be entitled for any preferential claim whatsoever for regular appointment in Government service at a future date.

2. The Appointee shall not be entitled to any probationary or other rights.

3. The services of the Appointee are liable to be terminated at any time during the contract period without any notice.

This clearly shows that the present contract medical consultants have practically NO chance of being regularised

See here for more details
http://targetpg.blogspot.com/2005/03/10-1-vs-contract-medical-consultants.html
http://medicolegal.blogspot.com/2005/06/contract-medical-consultants-and.html