Upgrad LLM

service law - medical issues


I am a Group A officer of Central Government.  I was referred to Standing Medical Board for opinion about fitness or otherwise for continuing in Government service.  The medical board certified my diagnosis and also mentioned that relaxed working conditions should be allowed for me in the same certificate.  However, my office has not acted on the medical board certificate.  Given my health condition, I am not able to carry out the entire range of official work allotted to me on a day-to-day basis.  CGHS authorities were approached by my office after a gap of about two years after the receipt of the Medical board opinion to ascertain the genuiness of the Medical Board certificate.  CGHS too opined that the Medical board opinion given two years back is genuine and that the opinion of the medical board should be considered.  Even this CGHS opinion was ignored and medical boards were constituted away from my headquarters.  Due to health complications while travelling to such Medical boards outside my Headquarters, I could not appear at the medical boards at the scheduled time.  

 

02.  A charge sheet has been issued in Oct 2016 for not appearing at the Medical Boards, among other issues, eight months back.  

 

03.  On the medical treatment side, I was allowed by my office to avail inpatient treatment at an Ayurveda Hospital in Kerala in Nov 2014.  I was discharged after a week's time without fitness certificate and advised to get re-admitted in April 2015.  Though my office paid the hospital the medical advance for the continuation treatment, I was never allowed to proceed to Kerala.  Till date the treatment has not been availed by me.

 

04. In the meantime, i.e., in Jan 2015 was transferred to another state.  My spouse being a State Govt employee was not eligible for a posting at my new place of posting in another State.

 

05.  After my transfer in Jan 2015, had to be admitted to various hospitals on emergency basis on four occassions within a period of  four months.  

 

06.  At my new place of posting, I was issued an order desisting me from entering office or discharging any official duties from 04 June 2015.  

 

07.  Government quarters allotted was cancelled immediately after the desisiting order was issued.

 

08.  Salary stoppage order was issued in the month of March 2017 citing reconciliation was due regarding my leave account and salary paid since joining service, i.e., since Jan 2000.

 

09.  I was allowed to return back to office from 29 May 2017 by cancelling the desisting order of 4 Jun 2015.

 

10.  In Jun 2017, I had my health condition reviewed by Govt ayurveda specialists at the Headquarters of my spouse where I was staying.  I was advised to go for inpatient treatment for my existing ailments and no fitness certificate was given.  

 

11.  I have submitted the latest medical certificates issued by Govt specialists in Jun 2017 to my office and hav asked for permission to avail inpatient treatment at Kerala which was also pending since April 2015.

 

12.  My queries are:-

(a)  Can my office ignore the medical board opinion which it had sought and received?

(b)  Can another medical board be constituted over a Medical Board by my office?

(c)  Can I be allowed to return to duty without Medical fitness certificate from Medical Board and hospital where I availed treatment and  was discharged without fitness certificate?

(d)  Can my office deny/delay medical care as I could not appear at subsequent medical boards which were constituted away from my headquarters?

 

Details of applicable rules will be highly appreciated.

Vasu

 
Reply   
 
FIN

It is felt that the gap have been caused expecting favorable opinion from Medical Board to cause separation.

While the medical board has not tendered opinion against you.

 

 
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what are your views about my queries

 
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FIN

The decision of all medical board are in your favor.

 
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FIN

Regret I can't open PM with subject line blank.

 
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Advocate

The facts posted suggests that there are deeper issues.

 
Reply   
 

Dear P Venu,

Your guess about deeper issues at play is correct.

02.  All my 18 years of service till date have not sought any favour from any senior or junior in the service.  On medical issues since 2013, have only sought what is allowed as per rules.  I have found myself at the wrong places at the right time which has disturbed the existing relations among others in the office amidst whom I have to function.

03.  Though my medical issues have been taken forward as per rules; there is no effort on my office side to further take the medical issues to their logical end.  Asking my office to take them forward is creating bad blood and do not know what to do now.

04.  Please let me know, from your experience, what are the solutions to my queries as per applicable rules.

 

Vasu

 

 
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