Application to treat at par in view of the New policy 2008

To
The Commissioner & Secy to Govt,
Health Department, Haryana

Letter Ref No: AKD/L/2009/0501 Dated: 01-05-2008

Subject: Application to treat at par the salary policy of Dr Anil Kumar Dhull doing MD
Course in Radiotherapy in the light of provisions of the revised policy of Govt. of
Haryana Dated, the Chandigarh 10-03-2008

Respected Madam,
Please accept kudos on the implementation of the highly commendable and visionary revised policy vides Government of Haryana Memo No. 2/123/05/1HB-I Dated, the Chandigarh 10-03-2008, the relevant provisions of the same extracted herein below for your ready reference:

A (1): HCMS doctors serving in connection with the affairs of the State Government in the Health Department and those serving in the PGIMS Rohtak may be allowed to apply for and seek admission in various academic courses leading to PG Degree Courses in their respective streams of Medical profession and the entire period of the higher study (PG Degree) will be treated as on duty with full pay and allowances.

G (1): The entire period of the higher study will be treated as on duty with full and allowances to candidates admitted to PG Degree courses against the reserved seats.

H: This policy will also be applicable to those who are doing PG Degree courses.

In the light of above said laudable policy prepositions and particular facts as stated below I wish to state most respectfully that;
1. That I, Dr Anil Kumar Dhull, HCMS-II doing my higher studies (MD Course) under HCMS reserve seat in the Department of Radiotherapy w.e.f 10-05-2006 forenoons as per the policy constituted by Government of Haryana vide Memo No. 2/123/05 1HBI dated, the Chandigarh 24.2.2006 in year 2006 which was later substituted by the Government Memo No. 18/94/96-1HB-1, Dated, the Chandigarh 26.04.2002 and was enforced as the preexisting policy which is now again revised by Government of Haryana vide Memo No. 2/123/05/1HB-I Dated, the Chandigarh 10-03-2008 and said to be the existing policy regarding higher studies for doctors under HCMS reserved PG courses.
2. That my bond for the above said PG course in Radiotherapy has been accepted vide Commissioner & Secy to Government Haryana letter Memo No. 2/261/07/1HB-I Dated, the Chandigarh 24-12-2007.
3. That till date I have not received any salary or stipend from PGIMS Rohtak.
4. That I get to know that Dr Sachit Sharma, Medical Officer on Higher Studies in Department of Urology in AIIMS, who is doing higher studies course from AIIMS New Delhi has been granted with full pay and allowances along with the period of course to be treated as on duty. This particular instance of favoritism and sheer arbitrariness on behalf of concerned authorities is excruciatingly annoying me and putting undue mental agony and stress tantamount to official maltreatment. It is agonizingly stated that such selective issuance or waiver of necessary conditions is a pathetic aberration amounting to willful distortion of avowed equality clause as enshrined in the constitutional law of India which is needless to say is the paramount and absolute law of the land. I have no personal grudge or enimity against my fellow who is attracting favour from the Govt. but the manner and method in which government bounty is being dole out is of utmost concern to me which is staring at my face with contempt and abusing my sense of worthiness and self esteem, after all I too have given my most productive and energetic professional years in the august service to the state not the private purse, I have not run after the American dream of instant enrichment. I know that same is supposed and expected from me being an Indian citizen and article 51 A of the Indian constitution mandate the same as fundamental duty of mine, yet what offends me is the raw deal by administrative fiat, I wish to comment that to treat equals unequally amounts to violation of equality, and arbitrariness is antithesis to rule of law. I wish to state ardently and request agonizingly that mine case should be treated at par and sympathetically keeping in view the human aspect as well as legal aspects thereof.
5. That now when the new policy vide Memo No. 2/123/05/1HB-I Dated, the Chandigarh 10-03-2008, is in existence and applicable to all the doctors who are doing the PG course, it is requested that henceforth the same should be applied in my case also as per clause A (1) of this stated policy and I may be allowed to provide the full pay and allowances along with the period of course to be treated as on duty or otherwise your good self is requested to kindly treat my case at par with my fellow friend as discussed above in great deal.
6. That it is humbly requested to your kind office to reconsider my case keeping in view of the aforesaid facts and I may be granted to get the full pay and allowances along with the complete period of course to be treated as on duty which is according to the provision of the new policy dated 10-03-2008 also.
In view of the aforesaid facts and circumstances mentioned, it is humbly reiterated that this issue should be treated as urgent and necessary administrative action should be taken in this regard lest I will be forced to resort to legal remedy which is the last bastion for aggrieved ones, whose liability will be of your good office.
It is my anxious request that keeping in view of my grievances, this matter to be considered on priority and I know that Government process always takes some time but I consider that one month is sufficient time to decide and incorporate the relevant things in the administrative orders. I am of the considered view that as prayed aforesaid the interests of medical fraternity in particular and public interest at large will be duly kept in view while taking the appropriate policy decisions and I may be granted with the full pay and allowances along with the complete period of course to be treated as on duty.
Thanking you.
Truly Yours,

[Dr Anil K Dhull]
Enclosures
Higher Studies Policies for the Yr 2002, 2006, 2008.
Particulars of Dr. Sachit Sharma, M.O
Total Pages: 14

Letter Ref No: AKD/L/2009/0501-0508 Dated: 01-05-2008

Copy of the above is forwarded to following for information and further necessary action please:
1. His Excellency, Governor of Haryana.
2. Hon’ble, The Chief Minister, Haryana.
3. Hon’ble, The Health Minister, Haryana.
4. The Chief Secretary, Haryana.
5. The Director General Health Services, Haryana, Panchkula.
6. The Director, Pt. B.D. Sharma PGIMS Rohtak.

Dr Sanchit Sharma Higher studies matter

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HCMSA Convention

Annual Convention of the HCMS Association is going to held at Yamuna Nagar on 13-04-2008. All are requested to make a big success of this great event.

Higher Studies Policy 2008

From
The Financial Commissioner & Principal Secretary to Govt. Haryana Health Department.
To
1. The Director General Health Services, Haryana, Panchkula.
2. The Director,Pt. B.D. Sharma, PGIMS, Rohtak
3. All Civil Surgeons in the State of HaryanaMemo No. 2/123/05-1HBIDated, Chandigarh, the10-03-2008

Subject: Policy Regarding Higher Studies for Doctors in the Department of health and Medical Education and PGIMS, Rohtak.

Kindly refer to Government Memo No. 18/94/96-1HBI dated 26.04.2002 on the subject noted above.
The matter has been reconsidered by the Government keeping in view the shortage of Specialist Doctors in various streams in the Department, it is feIt that the existing policy be revised to encourage MBBS doctors to take up post graduation degrees, Accordingly the policy cited as subject have been modified under:-
A General
1. HCMS/HMES doctors serving in connection with the affairs of the State Government in the Health Department and those serving in the PGIMS Rohtak may be allowed to apply for and seek admission in various academic courses leading to PG Diploma/ Degree/Super specialty Courses in their respective streams of Medical profession and the entire period of the higher study (PG Diploma/ Degree/Super specialty Courses) will be treated as on duty with full pay and allowances.
2. Permission to go in for Higher Studies to the in service candidates is not a matter of Right. It will be subject to specific approval by the government which will depend upon various factors i.e. possibility to spare one’s services without adversely affecting the larger public interest, the felt needs for specialists in various discipline on the basis of a review carried out from time to time and other exigencies of service.
3. The basic condition for eligibility is three years regular service with successful Completion of probation period out of which two years service is essential in rural areas for both for reserved and open seats in the case of HCMS doctors. However, the condition of rural service will not applicable in the case of a member of the HMES.
4. The requisite length of service shall be calculated as to the last date of submission of application for the relevant courses (s).
5. The upper age limit for PG Diploma/ Degree/Super specialty Courses will be 40 years.
6. The period of higher studies, as admissible under the rules, shall count as service for all-purpose subject to the condition of successful completion of the course of study within the prescribed period.
B Procedure:
The procedure for availing of the opportunity of Higher studies under the policy would be as under:1. In the first instance, the Doctor concerned shall have to apply for “No objection certificate” (NOC) form his employer for submitting/forwarding his application to the institution concerned for admission to the course of study.
2. Once the NOC is issued by the employer, the process of admission will be regulated in accordance with the admission rules of the institution/university concerned.
3. After the candidate receives intimation regarding his admission to the said approved course of study, he shall submit an application for his relieving. The competent authority will relieve him after completion of formalities including execution of bond as required under rules/instructions. The candidate will be allowed to join the institution on production of proper relieving order after being relieved by the competent authority and the completion of formalities of execution of Bond as required under rules/instructions are fulfilled.

C. Sponsorship of the candidates for Higher Studies against reserved seats.

Presently, certain number of seats are reserved in the PGIMS Rohtak for PG Diploma/PG Decree courses for the in service employees of HCMS. The cases of in services candidates for higher studies against reserved seats will be regulated as follows:

1. Candidates keen to go in for Higher Studies for the PG Diploma/PG Degree courses against the reserved seats will be required to apply for a “No Objection Certificate” to the Competent authority before submitting their application for admission to the said courses. Only those candidates will be considered for NOC under this category who fulfill the following conditions.
i) He/She must have completed the probation period successfully and completed three years service under the State Government including the probation period out of which two years service should be in rural areas. However, the condition of rural service will not applicable in the case of a member of the HMES.
ii) There should be nothing adverse against his integrity and efficiency.iii) His service can be spared by the employer for the duration of course without adversely affecting the larger public interest.iv) In addition to the above, if a Doctor has already studied for a PG Diploma course in any subject under the government Scheme as an in service candidates, he will be considered for grant of “No Objection Certificate” only for the PG Degree course in that very discipline subject provided he/she will not be entitled to claim this facility under this policy unless they have completed the previous service Bond.v) The in-service candidate, who already has PG Degree to their credit in any subject and want to do a diploma course in the same subject or in any other subject, will not be considered for issuance of NOC.vi) A Doctor who has completed a PG Diploma course in any subject and wants to go in for PG Degree course in a subject other than the one in which he has done the diploma, will not be considered for “No Objection Certificate”.
2. After the NOC is issued to the applicant, his admission will be governed by the rules of institution/university. However, the candidate will have to appeal in the entrance test conducted for admission to the relevant course and obtain minimum 50% marks in order to be eligible for admission to the course.
3. Before his relieving from the department he/she will have to execute a service bond for a minimum period of 7 years or pay an amount of Rs 10 lack to the Haryana Government in lieu thereof in the case of PG Degree /Super Specialty courses and for a minimum period of 5 years in case of PG Diploma.
D. Consequences of failure to complete the course of study within the prescribed period or leaving the same midway.

i) Consequences of failure to complete the course of Study within the prescribed period or leaving the same midway they will refund the amount received on account of duty for study and the period from the date of relieving to the date of joining back will be treated as period of EOL without pay unless he has been incapacitated on medical ground and medical institution certifies the facts of, incapacitation and recommend exemption of the above. This period of EOL shall not count as a service for any purpose and employee will be debarred for a period of 5 years for NOC for higher studies.
ii) If they get any stipend/remuneration from any institute will be deposited in Haryana Govt. Treasury.

E. Permission to pursue Course of Higher studies against Open Seats:
1. A certain number of in service candidates in HCMS/HMES may like to seek admission to PG Diploma courses/PG Degree Courses/Super Specialty courses against open competition seats in various institutions. The Government would consider issuing NOC to such candidates subject to fulfillment of following conditions.
i) The candidate must have completed his probation period successfully and completed a minimum period of 3 years regular service including the probation period. In the case of a candidate belonging to HCMS, he should have rendered two years service in the rural areas out of a total of 3 years service. However, the condition of rural service will not be applicable in the case of member of the HMES.
ii) There should be nothing adverse against his integrity and efficiency.
iii) His services can be spared by the employer for the duration of the course without adversely affecting the larger public interests.
iv. In addition to the above if a Doctor has already studied for PG Diploma course in any subject under the Government Scheme as in service candidate, he will be considered for grant of No Objection Certificate” only for the PG Degree Course in that very discipline/subject provided he has completed the period of bond executed by him while proceedings for the diploma course.
v. The in-services candidates, who already have a PG Degree to their credit in any subject and want to do a diploma course in the same subject or in any other subject, will not be considered for issuance of NOC.vi. A Doctor, who has completed PG Diploma course in any subject and wants to go in for PG Degree course in a subject other than the one in which he had done the diploma, will not be considered for “No Objection Certificate”.vii. A Doctor, who has a PG Degree to his credit, will be considered for super in the same stream.
2. After the NOC is issued to the applicant, his admission will be governed by the admission rules of the institution/University.

F. Consequences of failure to complete the course of study within the prescribed period or leaving the same mid-way.

i) In case the services candidate fails to complete the course of study within the prescribed period, he shall be allowed to avail a maximum of three more chances to complete the same. The period taken in completion of course beyond the prescribed period may be allowed as EOL without pay but this extended period of EOL will not be count as service for any purpose e.g. increments, grant of Higher Standard scales linked with service period, pension etc.
ii) In case the employee concerned leaves the course of study mid way without completing the same to the satisfaction of the institution for reasons, whatsoever he will be liable to refund the amount to the Government he would have received as pay and the period from the date of relief from the Government service till the date of joining shall be treated as period of extra ordinary leave without pay. Further, this period of EOL shall not count as service for any purpose e.g. increments, grant of higher standard scales linked with service period, pension etc. The employee concerned will also be debarred for a period of five years for NOC for Higher Studies”.

G. Stipend/Fellowship:
1. Candidates sponsored against reserved seats:
The entire period of the higher study will be treated as on duty with full and allowances to candidates admitted to PG Diploma/Degree/Super Specialty course against the reserved seats. If they get any stipend/remuneration from any institute will be deposited in Haryana Govt. Treasury.

H. Treatment of unutilized reserved seats:
Seats reserved in the PGIMS Rohtak for the HCMS Doctors in various PG Diploma/Degree courses to the extent the same remain unutilized from among the HCMS may be available for the open candidates on year to year basis.

This policy will come into force from the date of issue. However, this policy will also be applicable to those who are already doing PG Diploma/ PG Degree/ Super Specialty courses for the remaining period of course.
The above policy may be brought to the notice of all concerned.

-Sd-
Superintendent Health-I
For Commissioner & Secretary to Govt. Haryana,
Health Department.
Endst. No. 2/123/05/1HB-I Dated Chandigarh the 10-03-2008

A copy is forwarded to the following for information and necessary action:-
1. Accountant General (Audit & A& E) Haryana, Chandigarh.
2. Registrar, Maharshi Dayanand University, Rohtak with the request that the necessary entries in the prospectus/syllabus may kindly be made.
3. The Registrar, Guru Nambheshwar University, Hisar
4. The Registrar, Kurukshetra University, Kurukshetra.
-Sd-
Superintendent Health-I
For Commissioner & Secretary to Govt. Haryana,
Health Department.

Endst. No. 2/123/05/1HB-I Dated Chandigarh the 10-03-2008

A copy is forwarded to the Financial Commissioner & Principal Secretary to Govt. of Haryana, Finance Department, for information with reference to their U.O.No. 10/20/2004-4FR, dated 25.02.2008. This issues with concurrence of the finance department. Vide their U.O.No. 10/20/2004-4FR, dated 25.02.2008.
-Sd-
Superintendent Health-I
For Commissioner & Secretary to Govt. Haryana,
Health Department.

To,
The Financial Commissioner & Principal Secretary to Govt. of Haryana, Finance Department

U.O.No. 10/20/2004-4FR, Dated Chandigarh, the 25.02.2008