The Central Administrative Tribunal
on Monday came to the rescue of a BSNL junior technical officer (JTO) left
partially paralysed by a stroke, directing the principal chief engineer of
BSNL, Tamil Nadu zone, to allow him to report for duty in his post. The
tribunal said the telecom company would have to accept the decision of the
medical board and endorse the leave application of the JTO, M
Manoharan.
The judicial member of the tribunal,
G Shanthappa, said Manoharan had established that he should be granted relief
and quashed a September 23, 2011 order that refused to allow the petitioner to
rejoin as JTO . Manoharan suffered a massive stroke on June 1, 2002 that
paralysed his arms and legs. He was not able to speak and was under continuous
treatment for two years.
The respondents in the case included
the Executive Engineer (civil), the Superintending Engineer and sub-pision
engineer (civil) of BSNL in Ambattur. “A competent medical authority examined
the applicant and stated that the applicant suffered medical
disability during the course of employment. The stand taken by the respondents
is rejected,” Justice Shanthappa said.
Manoharan told the tribunal that he
applied for leave after the stroke and returned to duty on January 12, 2004.
However, the chief engineer of Chennai Telephones, KK Nagar, the fourth
respondent, directed the petitioner to appear before the medical board and
obtain its opinion whether his fitness allowed him to perform his duty as JTO.
As advised by the board, he
proceeded on ‘commuted leave’ for 90 days from September 13, 2010 and underwent
various treatments including physiotherapy. But his seniors did not permit him
to rejoin duty. They informed him that the regional medical board of Government
General Hospital had on December 10, 2010 declared that he was
medically unfit to perform his duties as JTO.
“The respondents did not accept the
medical report of the applicant and did now allow him to rejoin
duty,” said the tribunal’s administrative member, R Satapathy. “The stand of
the respondents is not correct. It is illegal and violates of principles of
natural justice.”
Citing the Supreme Court’s 2008
order in Bhagwan Dass vs Punjab Electricity Board, Justice Shanthappa said
Manoharan had submitted documents to show that his medical disability had
occurred while in service, and this was confirmed by Government General
Hospital, so the respondents could not refuse to reinstate him.
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Central Government Residential Colonies – Nomination of Area Welfare Officers for the calendar years 2013 and 2014
No.
32/1/2012-Welfare
Government of India
Ministry of
Personnel, Public Grievances and Pensions
Department of
Personnel & Training
(Welfare Section)
Lok Nayak Bhavan,
Khan Market, New
Delhi.
Dated the 15th
October, 2012.
OFFICE MEMORANDUM
Subject: Nomination of Area Welfare Officers for the
calendar years 2013 and 2014 regarding.The Department of Personnel & Training nominates Gazetted Officers as Area Welfare Officers (AWOs) for residential colonies to look after the welfare of Central Govt. employees and their families Area Welfare Officer is only a functional arrangement to provide a link between the Central Government employees residing in various colonies and the concerned civic and other agencies providing service to them. A list of functions of Area Welfare Officer is enclosed. The functions of AWOs are official in nature and are performed by them on honorary and voluntary basis. Only those officers who are willing to function as Area Welfare Officer and can spare time for welfare work will be considered for nomination. The Area Welfare Officers serve as a vital link between the Government and residents in various matters relating to the welfare of Government employees residing in various colonies.
2. The tenure of the Area Welfare Officers shall be for a period of two years (commencing from 1.1.2013) or till the services are required by the Govt. whichever is earlier. The Area Welfare Officers are entitled to use office stationery and service postage stamps etc. for discharging their duties as AWO. They are allowed to leave office, with prior permission, for meeting the civic/policy authorities for solving the problems of the residents of their localities.
3. The applicant should not be an office bearer of Central Government employees or any other Residents Welfare Association. Further, officers seeking appointment as AWO should preferably have a residential telephone. No telephone / reimbursement of Telephone rent, facility will be available to AWO nominated by DOPT.
4. Applications from those officers, who are willing to work in honorary and voluntary capacity, as Area Welfare Officers duly recommended by the Department/administrative authority concerned may be forwarded and must reach the undersigned within 45 daysfrom the date of issue of this O.M.A. Format for application is also enclosed.
sd/-
(Rajiv Rai)
Director (Welfare)
ANNEXURE-I
FUNCTIONS OF AREA WELFARE OFFICER1. To function as coordinating officer between the CGHS Dispensary and its beneficiaries regarding complaints from either side.
2. To attend to all emergency hospital work like help in expeditious hospitalisation of serious cases, attending to complaints regarding hospital care, etc,
3. To serve on the CGHS Area Advisory Committee for considering suggestions for the improvement of service and facilities.
4. To act as liaison officer for Community Hall and look to its proper functioning and improvement.
5. To act as liaison officer between the Ministry of Personnel., PG and Pensions and the local Association in all matters and disputes and to mediate in election disputes at the request of the parties.
6. To investigate all cases of neighbourly disputes referred to him by the Depit of Personnel and furnish report on the basis of which action- can be taken by the Directorate of Estates for shifting the erring party to another locality.
7. To act as liaison officer between the Associations and Municipal authorities in all Companies regarding civic services, water electricity, Street lighting, drainage, bus service, sanitary service and vaccination and inoculation services.
8. To act as liaison officer with local police authorities regarding any incident in the locality involving law and order.
9. To act as liaison officer with the Education Directorate regarding complaints about school timing, admission, etc.
10. To act as liaison officer between the Co-operative consumer store and the beneficiaries in the area.
11, To act as liaison officer between CPWD authorities and the allottees regarding Complaints lodged with the CPWD Enquiry office for their speedy disposal.
12. To keep in touch with all the social and cultural bodies in the area.
13. To act as liaison officer with all activities of Grih Kalyan Kendra in the area including ‘Creche’.
14. To act as liaison officer between the colony and the Central Secretariat Spoils Control Board in all activities of the Board.
15. To mediate in family dispute to bring about harmony in the home life in the Context of Home Ministry circular for maintaining the wife in a reasonable comfort and matter relating to notation of monograncy.
16. To assist and cooperate in campaigns and measures such as vaccination in Oculation blood donation family planning etc., launched by the Ministry of Health and Family Planning.
Note: The above list is only illustrative and not exhaustive.
ANNEXURE-III
GUIDELINES / CRITERIA FOR SELECTION 0F AREA WELFARE OFFICERS
1. The tenure of Area Welfare Officers shall be for Iwo years from the date of appointment or till their services ere required by the Government whichever is earlier. However, if there is no other candidate for the area, the old AWO, if he has applied afresh, should be allowed to continue for anothher term.
2. He should be a gazetted officer.
3. The Residents Welfare Association should not be allowed lo nominate any name for AWOs.
4 He must be a resident of the area for which he is the applicant and the area (including the adjacent areas) should have at least 300 Govt. employees residing in that area(s).
5. The officer applying should not be an office bearer of Central Government employee or any other Residents Welfare Association.
6. He should not be retiring within 2 years of his appointment as AWO i.e. he should serve for full term of two years as AWO.
7. He should possess sound health to undertake the job in question.
8. Preference should be given to those, who have telephones at their residences.
9. He should not be a controversial person.
Transfer
to lower post under FR 15(a) : DoPT Order
16/4/2012-Pay-1
Government
of India
Ministry
of Personnel,Public Grievances and Pensions
Department of
Personnel and Training
New
Delhi, 5th Nov, 2012
OFFICE MEMORANDUM
Subject: Transfer to lower post
under FR 15(a).
The undersigned is directed to refer
to this Department’s OM No. 16/6/2001-Estt (Pay-1) dated the 14th February,
2006, read with OM of even number dated the 4th January, 2007, which clarified
that on transfer to the lower post/scale under FR I 5(a), the pay of a
Government servant holding a post on regular basis will be fixed at a stage
equal to the pay drawn by him in the higher grade. If no such stage is
available, the pay will be fixed at the stage next below the pay drawn by him
in the higher post and the difference may be granted as personal
pay to be absorbed in future increments. If the maximum of the pay
scale of the lower post is less than the pay drawn by him in the higher
post, his pay may be restricted to the maximum under FR
22(1)(a)(3).
2. Further, it was clarified vide
the OM No. No. 13/9/2009-Estt (Pay-1) dated the 21 October, 2009 that
consequent upon implementation of the revised pay structure
comprising grade pays and running Pay Bands, w.e.f. 1.1.2006 in cases of
appointment of Government servants to posts carrying lower Grade Pay under FR
15(a) on their own request, the pay in the pay band of the Government servant
will be fixed at a stage equal to the pay in the pay band drawn by him prior to
his appointment against the lower post. However, he will be granted grade pay
of lower post. Further, in all cases, he will continue to draw his increments
based on his pay in the pay band + grade pay (lower).
3. The above Office Memorandum also
provides that in case the transfer to a lower post was Made subject to certain
terms and conditions then the pay may be fixed according to such terms and
conditions.
4. All Ministries/Departments are
requested to revise the Terms/Conditions of such transfers in line with the
para 2 above.
(Mukesh
Chaturvedi)
Deputy
Secretary to the Government of India
