Policy to Regulate Transfer of HCMS Doctors (Click the circular to enlarge)

POLICY TO REGULATE TRANSFERS OF DOCTOR (HEALTH DEPARTMENT)

The issue of laying down a rational transfer policy in respect of HCMS Doctors in Haryana State has been gaining the attention Of the State Government. A meeting was held under the Chairpersonship of DHS (Trg.) and the issue was considered keeping in view providing better health services to the people of Haryana especially rural and far flung remote area. As per National Rural Health Mission all CHCs are to be upgraded as FRU in phased manner, these FRUS should have one Physician, Surgeon, Pediatrician, Anesthesia and Gynae & Obst as per IPHS norms. There are -51 Hospitals, 83 CHCs and 420 PHCs in Health Department, Haryana where the irrational placement of doctors including specialists is a constant concern for the State. Hence there is a need to form a new transfer policy of HCMS cadre.
Under NRHM, adequate funds are available for infrastructure development and necessary equipments as per I PHS norms and a lot of infrastructure has been already developed so as to improve the availability of quality specialists and emergency health care to the people especially in the rural area. The transfer policy of the department was issued by the Govt. No. 2.5/4/2006-6HB-I, dated 21.09.2005. However, following suggestions are made by the committee.
The transfers of doctor in Haryana shall be regulated strictly in accordance with the following guidelines.
1. Normal tenure of a doctor/specialist at any place of posting shall be a minimum of 3 years. Furthermore a doctor shall not be transferred even after 3 years in case his work (measured in terms of OPD/IPD/National Programmes) has been found to be satisfactory and he wishes to continue in that health institution.
2. A doctor can be transferred at any point of time after seeking prior orders of the State Government on administrative grounds. However, specific administrative ground on which a doctor is sought to be transferred shall be cited in the noting of the file. Usually, an administrative ground for transfer to a doctor shall be of the nature as given below:-
(a) A complaint established through a preliminary enquiry. The specific complaint received through MPs/MLAs/Chairman M.C./Sarpanch Gram Panchayat would be enquired into by the Civil Surgeon and the report shall be sent to the Directorate within 10 days of the receipt of such complaint for further action.
(b) Failure to comply with the directions issued by the Directorate regarding maintenance of record relating to all health activities or other important instructions issued from time to time.
(c) Poor performance i.e. poor OPD, IPD, contribution in National programmes.
(d) Failure to comply with the specific direction issued by the Govt./Directorate regarding Health Services, prescription & deficiency of drugs etc.
(e) Prima facie case of indulging in private practice of other unethical activities.
3. Request of doctors for transfer to their preferred stations shall only be entertained on following grounds:
a) The request shall be made to the DGHS through CS only up to 10th Aprii. DGHS shall make their recommendations up to 30th April to the Government. The transfer orders shall be made up to 30th May.
b) The request shall be made only in the prescribed format. It would be mandatory to indicate three choices. Any application with less than three choices will be rejected straight way.
c) If a doctor makes a request to the C.M. /H.M. and other elected representatives, he shall also send his request on the enclosed prescribed format (Annexure "A". The department will try to accommodate the doctor against available vacancy from amongst his options.
d) In case of clash of choice of more than one doctor for a particular health facility, merit in case of new appointments and OPD/IPD data of last three years, in case of old doctors would be the guiding criteria for allotment of health institution.
e) If no vacancy becomes available as per the policy in the three requested health institutions, the transfer will not be done till a vacancy becomes available, for which the applicant would have the first right.
4. On first appointment and ion case of promotion, the doctors shall give three choices of vacant rural health institutions and the department will try to accommodate them in order of merit/seniority. However, they will have to serve at the allocate station for at least 3 years. For this purpose, they will have to submit an undertaking a1ongwith the request that they wi11 not make any request for transfer if they are accommodated in one of the three preferred stations.
5. The District Hospitals would 'have one doctor each with specialization in 12 disciplines e.g. Medicine, Surgery, Pediatrics, Gynae, Anesthesia, Ortho, Eye, ENT, Skin, Psychiatry, Pathology and Radiology. Biochemistry & Microbiology specialists would also be utilized in district Hospitals. Posts of additional specialists would be provided only if patient load exceeds the stipulated limit. The load in this regard would be defined by the Department unambiguously.
6. A doctor with Postgraduate qualifications would not be posted in PHC, CHCs declared as FRUs would get specialties in the 1st phase. In case of transfer of a specialist doctor with the same specialty would be posted as a replacement. Those who have received EMOc/CMOc training would also be posted in a CHC designated as First Referral Unit.
7. In PHCs, CHCs and sub Divisional Hospital, Specialists and MBBS doctors would be posted strictly in accordance with staffing norms only. A single doctor in each sanctioned specialiaty would be provided. Similarly in district hospitals, specialist and MBBS doctors would be provided as per staffing norms. Doctor would not be posted in excess of sanctioned posts.
8. Vacancies created due to promotion/retirement/ death etc. would firstly be filled from amongst doctors, who have given the choice of that particular institution in the prescribed performa at the time when they are asked to submit their requests. If no such regular doctor is available then the post may filled up on contract for one year.
9. Those who are retiring in next one year will not be transferred except on their own request, subject to vacancy/mutual consent.
10. If the husband and wife both are in the service of the Haryana State Government, efforts will be made to adjust them as near as possible. Preference would be given to those both of whom are serving in the Health Department.
11. Specialists would not be posted on non-Clinical posts up to district level.
12. Doctors whose performance is found to be poor in respect of OPD, IPD, National Programmes or who are prima-facie guilty of malpractices such as charging of personal fee from patients, private practice, pilferage of sale of Govt. medicines, prescriptions to favour certain specific brands, indiscriminate prescription of diagnostics test which are not available in Govt. Health facility would be transferred on administrative grounds.
13. Against vacancies as on" 1st June, contractual appointments of doctors would be made as per policy of the State Govt. Any transfer orders approved by the State Govt. after 1st June would be implemented only in April next year so that contractual arrangements are not discontinued midyear and health care to patients is not disrupted.
14. Vacancies created due to promotion/retirement/death etc. would first be filled from amongst doctors who have given choice of that particular health facility in the prescribe performa at a time when they were supposed to submit their requested i.e. 10th April.
15. No TA/OA will be given if the transfer is done at the request of the doctor himself or if he is being given the posting of his own choice.
16. Transfer orders would be implemented within one week of issue. DDOs would ensure relieving/joining of respective doctors within stipulated time. No salary can be drawn in case noncompliance of transfer orders after stipulated period of one week. DDO will be personally held responsible for any neglect in this regard.
17. Civil surgeon shall submit consolidated report of relieving/joining of doctors arid engagement of contractual specialist to update the computer data within a fortnight.
18. Transfer of Civil Surgeon will not be covered under this policy.

New Scheme of Leave Travel Concession LTC wef 01-01-2008 (Click the circular to enlarge)

NPA (HCMS Vs Ayurveda Deptt)?

I want to divert your kind attention towards NPA matter that I get to know that in Ayurveda department some of the AMO's informed me about the consideration of NPA for the calculation of HRA in their salary, which is clearly not specified in the FD orders Dated Feb'o9. All concerned are requested to look forward in the same. Is there any further amendment... Please give ur comments..?

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.

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.