DADWA message update 3rd April, 2016
Please accept our sincere regrets for long silence of this blog since December 2015. This was due to some pressing engagements of DADWA in reference to issues related to 7th PC, Court cases in CAT, Delhi High Court and Supreme Court and some local internal issues following transfer of the Secretary DADWA from GNCTD to CHS. However an overwhelming number have led to a decision that members would get their recurring dose of information on this blog on issues relevant to members of DADWA and its well-wishers.
A. Blatant disregard to its own transfer policy by Health Ministry of Delhi Government’s:
Members are aware that Health Department of Government in Delhi under the able leadership of AAP’s Sh. Satyendra Jain, Hon’ble Minister of Health & FW, transferred the Secretary DADWA Dr. Vijay Rai thrice between 2015 and 2016 in blatant disregard to its own policy notified on 22nd August 2014. Even though the policy states that transfers should ordinarily be done after 5 years or else clearly in public interest, the department on 31-8-2015 had transferred Dr. Vijay Rai, and one neurosurgeon appointed on contract, both posted at Dr. BSA Hospital on the whims of Hon’ble Minister. The contractual surgeon later resigned in disgust and joined private sector.
After a representation by the affected doctors to Government of Delhi citing violation of the said policy to the Govt. and latter’s failure to respond or to act, DADWA team looked into this matter and found prima facie that there were many other irregular and arbitrary transfers of doctors including several senior officers. There were dozens of transfer orders that had been issued and then cancelled within a day. With legal opinion strongly against the government and in view of long-term implications of such arbitrariness on its members, DADWA along with Dr. Vijay Rai filed a case in CAT in Oct. 2015. Three hearings later the H&FW Department is yet to file a cogent counter-reply to this OA and has kept on seeking time through its counsel hoping that such a move against the leader of DADWA would demoralize him and the doctors. Well this government and Hon’ble Minister have under-estimated the doctors and time will tell as to how much damage this Govt. has inflicted on itself in the minds of service doctors of Delhi. Next date of hearing is 21st April 2016.
Meanwhile in a function held at Hotel Le Meridien, New Delhi on 27th March 2016 by the DMA, the Secretary DADWA, among others, was honored by Dr. Mahesh Sharma, Minister of State for Tourism, Culture and Civil Aviation, Govt. of India in recognition of having organized a SYMPOSIUM FOR SERVICE DOCTORS “Challenges before the Doctors Serving the Public Health System in India” in IMA’s National Conference-2015 in Dec. 2015. This symposium was a big hit and was attended by a large number of service doctors from across the country.
B. Representation of DADWA against reduction of NPA to 20% of basic by 7th Pay Commission:
Soon after the recommendations of 7th Pay Commission became public, DADWA came in touch with JACSDO and AIGDMO Association, participated in a meeting held in Nov. 2015 at RML Hospital to plan action and to represent against some of the recommendations that were against the service doctors notably reduction of NPA, its dissociation from basic and HRA calculation and confusions about some allowances like Conveyance and TA etc.
DADWA in partnership with JACSDO and AIGDMO filed its representation copy of which is placed in the download section of this website. Secretary DADWA was nominated as member of a group under the aegis of JACSDO to take up these matters with GOI and the authorities concerned.
DADWA was an invitee to the meeting convened on 16-3-2016 by the Secretary Health GOI. Based on the discussions held it is reliably learnt that the MOHFW will be submitting its final view of the recommendations of 7PC in the coming weeks to the High Powered Committee under the Cabinet Secretary. And it is hoped that NPA would be restored to 25% and would be treated as part of basic for all purposes as in the past.
C. Non-functional Up-gradation to HAG in CHS:
DADWA would like to remind its members not to lose sight of the benefits granted by the 6th CPC including NFU to H.A.G. that DOPT has been so reluctant to give despite the contempt proceeding filed against it by DADWA and JACSDO in Delhi High Court. This case came up for hearing in Delhi High Court on 29-01-2016 where the DOPT took the plea that it has filed a review against rejection of its SLP against the judgment of Delhi High Court. The court granted the time after observing that it was imperative on the part of government to have initiated action based on orders of the Delhi High Court since there was no stay granted by any court. Members would be happy to note that the review filed by the Govt. has been rejected by the Supreme Court and that the Govt. is left with no choice but to grant HAG to the eligible CHS doctors from retrospect. The officers of DHS, Railways, ESI etc. would also benefit due to this judgment.
D. Retirement Age Enhancement in CHS:
Faced with the prospects of acute shortfall in the number of service doctors in the country, a committee of secretaries had recommended increase in retirement age of doctors. This was published in Jan 2016 in the Asian Age Daily. A proposal to this effect was prepared by MOHFW and approved by the Union Minister of Health & FW and forwarded to PMO but due to some weaknesses this could not get the nod of the Union Cabinet. The grapevine is that the MOHFW is still not able to support one common age of retirement for all four sub-cadres of CHS doctors due to its past ‘divide and rule’ policy. The PMO is raising questions but the stand of MOHFW in this regard remained ambiguous so far i.e. 62 for some and 65 for others even though there is a common seniority list in CHS at SAG level. It is a moot question why some people from such a list should retire at 62 and others at 65. Let’s hope things change now and that PMO call the shots and ends speculations if any in this regard.
E. ‘Fake’ D.G.H.S. in Delhi: AAP Government in Delhi broke all traditions on 19th Oct. 2015 when it appointed Sh. Tarun Seem, an Indian Revenue Service Officer of 1992 batch as the ‘Director General of Health Services, Delhi’ even though he is not eligible to take charge of this post for being an IRS Officer. The Delhi Government is emboldened by the fact that there has been little visible protest against it by the doctors’ associations. Besides it is rumored that Health Ministry of Delhi Government feels some of its half-baked health schemes like Mohalla Clinics being created at the cost of existing health schemes can only be implemented by some career bureaucrats who might be unaware of the consequences.
Even though posting of Mr. Seem as DGHS is purely temporary but it continues indefinitely giving the impression that none of the 1200 strong cadre of Delhi Health Service doctors is worthy of occupying the DGHS post despite decades of experience. One whistle-blower/activist Dr. Avinash Kumar had filed an RTI in this regard and has informed DADWA about the following reply from the Health & FW Department of GNCT of Delhi that,
(a) H & FW Department of GNCTD has no such information about Duties and Responsibilities of D.G.H.S. nor about the Powers delegated to him under the Delegation of Financial Rules.
(b) In the order dated 19-10-2015 of the GNCTD it is stated that “The competent Authority is pleased to order Shri Tarun Seem (IRS-1992), Mission Director, Delhi State Health Mission will look after the charge of DGHS on temporary basis in addition to his present duties without any extra remuneration.”
(c) The post of Director, DHS is upgraded to the post of DGHS who shall be the Technical Adviser to the Govt. for public health and health services.
This means that the DGHS does not enjoy powers of the HOD so far and he is also his own boss as well as his own subordinate by being holding the posts of Secretary (H&FW) and DGHS and Mission Director DSHM. If he was such an able officer then why the Delhi Govt. posted two doctors on the post of DGHS before Mr. Seem but only for a few weeks and failed to find a doctor to replace Mr. Seemm who is a temporary incumbent to the post according to the Government. How come the Delhi Government is unable to find even one eligible doctor to be designated as DGHS from amongst several of its Additional Directors, five Regional Directors, 36 Medical Hospital Superintendents and 11 Chief District Medical Officers and so on. DADWA would wish that the Government come out clean on this issue or else neither the service doctors nor the public would be able to trust them.
‘All in one’ Mr. Tarun Seem, is IRS batch-mate of Sh. Arvind Kejriwal, Hon’ble CM of Delhi and is holding the charge of the post of Secretary (H&FW), DGHS and of the Mission Director Delhi State Health Mission. As an I.R.S. Officer he is eligible to none as per RR’s of these posts if one goes by what has been notified. It is also not clear if such arrangements are approved by Hon’ble LG of Delhi. It can be questioned as to why such ‘Absolute Power’ should be in the hands of one bureaucrat unless Delhi Govt. is trying to make an entry into Limca Book of Records! DADWA Members and several senior officers have expressed outrage on such a situation and by the rude and insulting behavior shown by Mr. Tarun Seem in several meetings taken by him. Such situations cannot last long and surely Delhi Govt. would be forced to rectify its mistakes; only time would tell. DADWA hopes Delhi Govt. would wake to the reality and make necessary corrections so as to govern the health efficiently with participation of the leaders of health-care service providers.
Please do share your views with us and with other members on this website …
- Secretary DADWA (email: email@example.com)
PS: Please do contribute to DADWA’s legal corpus and support your own cause. Send cheques payable to “Delhi Admn. Doctors’ Welfare Association” to our treasurer “Dr. B.K. Dey, 45, HaritNiketan, West Enclave, Pitampura, Delhi -110034” contact no.9999882644