16/02/2015
1)To
start in – house Weekly Training / Departments-DOPT.
2)Proposal for reimbursement
of in-patient medical expenses in addition to Fixed Medical Allowance (FMA) to
serving Government employees in remote areas.
No: 9(1)/2010/D (Civ-II)
Government of India
Ministry of Defence
Government of India
Ministry of Defence
B Wing, Sena Bhawan,
New Delhi.
Dated the 15th February, 2015
New Delhi.
Dated the 15th February, 2015
OFFICE MEMORANDUM
Subject: Proposal for reimbursement of in-patient
medical expenses in addition to Fixed Medical Allowance (FMA) to serving
Government employees in remote areas.
The undersigned is directed to refer to Ministry
of Health & Family Welfare’ ID No. S.14025/9/2011-MS dated 14.08.2014 on
the above mentioned subject.
2. This Ministry agrees with the proposal of
MoH&FW that the “FMA being granted to CS(MA) beneficiaries be stopped and
they should be governed by the provisions of CS(MA) Rules, 1944 under which
medical reimbursement for outdoor treatment as well as indoor treatment is
permissible as per rules.”
3. In addition to above, the following provisions
for inclusion in the proposal, are also submitted for consideration of Ministry
of Health & Family Welfare.
(a) FMA at enhanced rates @ Rs. 300/- p.m. may be
paid w.e.f. 1.9.2008 till the provisions of CS(MA) Rules at para 2 above is
made applicable;
(b) Procedure for appointment of AMA may be
simplified and HoD may be authorised to nominate a RMP as AMA in case there is
no Govt. doctor available within the radius of 5 ms;
(c) Provision of credit facilities may be made
for serving & retired employees and dependent in emergency in Govt.
approved hospitals;
(d) Provision for medical advance for
Non-approved hospitals;
(e) There may be some isolated areas where no
AMA/Govt doctor or RMP is available within the radius of 5 kms. In these areas,
FMA @ Rs. 300/- p.m. may be continued to be paid to civilians in terms of Min
of H&FW OM dated 17.07.1990 as the same is in lieu of OPD treatment only.
The reimbursement of medical expenses for the indoor treatment, in respect
employees posted in these areas, may also be allowed under the CS(MA) Rules.
3. This issues with the approval of Joint
Secretary.
(Gurdeep Singh)
Under Secretary to the Govt of India.
Tel: 23014675
Under Secretary to the Govt of India.
Tel: 23014675
3)Processing of files
referred to DOP&T for advice/clarification procedure to be followed.
Immediate
F.No.43011/9/2014-Estt.D
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
———
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
———
North Block, New Delhi
Dated the 13th February, 2015
Dated the 13th February, 2015
OFFICE MEMORANDUM
Subject: Processing of files referred to
DOP&T for advice/clarification procedure to be followed.
This Department had issued detailed instructions
prescribing the procedure to be followed by various Ministries/Departments of
Government of India for referring the files to this Department for
advice/clarification, vide O.M.No. 20034/2/2010-Estt(D) dated 13th August,
2010. These instructions were followed by instructions prescribing the
procedure to be followed by various Ministries/Departments of Government of
India for referring the files to this Department for advice/clarification to
facilitate processing of court cases, issued vide O.M.No.20034/2/2010-Estt(d)
dated 30th November, 2011.
2. Inspite of these instructions, the
Ministries/Departments continue to refer the files to this Department without
following the procedure enunciated in the above mentioned two OMs, resulting in
avoidable procedural delays, grievances and unwanted litigations. To avoid such
a situation and avoidable delays in decision making and disposal of the cases,
while reiterating the above mentioned instructions, all the
Ministries/Departments are advised to henceforth observe the following
procedure for referring the proposals including court cases to this
Department:-
i. All the proposals should be referred to
DOP&T with the approval of the Joint Secreatry of the Administrative
Ministry/Department.
ii. All the pages should be properly number, docketed, referenced/cross referenced.
iii. A legible copy of orders/rules/instructions/circulars/O.M. etc. issued by the Administrative Department or DOP&T etc. and cited in the noting portion should be placed on file under reference. Besides flagging the cited documents, page numbers should also be invariably indicated in the noting portions.
iv. Telephone number of the concerned Director/Deputy Secretary/Under Secretary level officer who has processed the case should be indicated in the noting portion.
v. The Proposal relating to amendments of Recruitment Rules etc., for which a proforma has been prescribed, should be referred to DOP&T in the prescribed proform only.
vi. Any proposal having financial implications referred to DOP&T for advice/clarifications should have approval or comments of the concerned Financial Adviser (FA) in the Ministry/Department.
vii. The proposal for advice/clarifications should be referred to DOP&T only on file.
viii. All the proposals referred to DOP&T should invariably indicate, in the concluding paras, the relevant rule position and the difficulty faced in its interpretation which necessitated the referral to DOP&T i.e. the point(s) of doubt in respect of which clarification/advice of DOP&T has been sought should be clearly brought out.
ii. All the pages should be properly number, docketed, referenced/cross referenced.
iii. A legible copy of orders/rules/instructions/circulars/O.M. etc. issued by the Administrative Department or DOP&T etc. and cited in the noting portion should be placed on file under reference. Besides flagging the cited documents, page numbers should also be invariably indicated in the noting portions.
iv. Telephone number of the concerned Director/Deputy Secretary/Under Secretary level officer who has processed the case should be indicated in the noting portion.
v. The Proposal relating to amendments of Recruitment Rules etc., for which a proforma has been prescribed, should be referred to DOP&T in the prescribed proform only.
vi. Any proposal having financial implications referred to DOP&T for advice/clarifications should have approval or comments of the concerned Financial Adviser (FA) in the Ministry/Department.
vii. The proposal for advice/clarifications should be referred to DOP&T only on file.
viii. All the proposals referred to DOP&T should invariably indicate, in the concluding paras, the relevant rule position and the difficulty faced in its interpretation which necessitated the referral to DOP&T i.e. the point(s) of doubt in respect of which clarification/advice of DOP&T has been sought should be clearly brought out.
3. Further as regards court cases referred for
advice to this Department by various Ministries/Departments, it may be
mentioned that this Department’s O.M.No.20036/23/1988-Estt(D) dated 06.01.1989
provides that since each court case is to be contested on the basis of the
specified facts and circumstances relevant to it, the administrative
Ministry/Department will be in a better position to defend the case. If,
however, any clarification is required on the interpretation or application of
the rules or instructions relevant to the case, the concerned Department in the
Ministry of Personnel, Public Grievances and Pensions may be approached for
that purpose. It further provides that the primary responsibility, however, for
contesting such cases on behalf of the Government will be that of the
administrative Ministry/Department concerned. Also, the Cabinet Secretariat’s
D.O. letter No. 6/1/1/94-Cab dated 25.02.1994 and the Department of
Expenditure’s O.M. No.7(8)2012-E-II(A) dated 16.05.2012 inter-alia provide that
(i) a common counter reply should be filed before a Court of Law on behalf of
the Union of India by the concerned Administrative Department/Ministry where
the petitioner is serving or has last served; and (ii) a unified stand should
be adopted instead of bringing out each Department/Ministry’s point of view in
the said reply. It further provides that it is primarily the responsibility of
the Administrative Ministry to ensure that timely action is taken at each stage
a Court case goes through and that a unified stand is adopted on behalf of
Government of India at every such stage. In no case, should the litigation be
allowed to prolong to the extent that it results in contempt proceedings.
4. Kind attention is also invited to the
directions of Cabinet Secretary, conveyed via his D.O. letter No.403/1/4/2014-CA-V
dated 24th December, 2014 wherein he has pointed out that in many litigation
cases pending before various courts, where the Union of India (UoI) is either
the Petitioner or the Respondent, Government interest is not being defended with
adequate diligence. The Cabinet Secretary has, therefore, emphasized the need
of putting a system in place so that the cases are regularly monitored and the
interests of the UoI are properly safeguarded before the Courts of Law.
5. All the Ministries/Departments are
accordingly, advised to keep the procedure/instructions mentioned in the
preceding paragraph in mind while dealing with Court Cases. Further, while
referring Court Cases for advice to this Department, the referring note should
invariably indicate:
i. Brief history and facts of the case;ii. Relief sought by the petitioner/applicant;
iii. Earlier advice/opinion of DOP&T in the matter;
iv. Stand taken by the Department before the Court/CAT;
v. Opinion of the Government Counsel on the Court/CAT order;
vi. Operative part of the judgment/direction;
vii. Action proposed to be taken by the Department.
viii. Present rule position and specific point on which advice/opinion of DOP&T is sought.
6. The content of the O.M. may be given wide
publicity and brought to the notice of all concerned.
(Rakesh Moza)
Under Secretary to the Government of India
Tele: 2304-0339
Under Secretary to the Government of India
Tele: 2304-0339