In exercise of the power
conferred by the proviso to article 309 of Constitution of India, the Governor
of Maharashtra hereby makes the following rules for one time absorption of the
Medical Officer working on ad-hoc basis in the Medical Insurance Services of
the Government of Maharashtra, Group-A and Group-B under the Commissioner,
Employees State Insurance Scheme of the Government of Maharashtra, namely: These Rules may be called the
Medical Officer in the Maharashtra Medical Insurance Services Group-A and
Group-B (Gazetted) (One time Absorption of Medical Officers appointed on ad-hoc
basis in Maharashtra) (Special) Rules, 2014. (1)
In these rules, unless the context otherwise requires, "ad-hoc Medical
Officer" means a Medical Officer, who was appointed in the Employees State
Insurance Scheme under the Public Health Department on ad-hoc basis and has
completed 3 year service on 1st January 2014 and who is in the service, on the
date of commencement of these rules. (2)
Words and expressions used in these rules but not defined, shall
have the same meaning assigned to them respectively in the Medical Officers in
the Maharashtra Medical Insurance Services, Class-II (Recruitment) Rules, 1985
for Group-A and Medical Officers in the Commissionerate of Employees State
Insurance Scheme, (Recruitment) Rules, 1998 for Group-B (Gazetted). (3)
(1) Notwithstanding anything contained in these rules, every such
ad-hoc Medical Officer who is continued as such on the date of commencement of
these rules shall with effect from such date of commencement be absorbed on the
post of Medical Officer with a pay scale specified for the post in Medical
Insurance Services: Provided that no such person
shall be absorbed, (i)
if he was disqualified for appointment under Medical Officers in
the Maharashtra Medical Insurance Services, Class-II (Recruitment) Rules, 1985
for Group-A and Medical Officers in the Commissionerate of Employees State
Insurance Scheme, (Recruitment) Rules, 1998 for Group-B (Gazetted) as Medical
Officer; (ii)
if he does not possess the minimum academic qualification,
specified in the recruitment rules applicable for recruitment to the said post. (iii)
if he was appointed as ad-hoc Medical Officer to any post reserved
for the persons belonging to the Scheduled Castes, Scheduled Tribes or other
categories of Backward Classes and he is found to be not belonging to such
castes, tribes or other categories of Backward Classes, as the case may be. (2) The ad-hoc Medical Officers
who are absorbed under these rules, shall not be eligible to be deputed for
higher studies for the period of six years from the date of absorption. Notwithstanding anything
contained in the, Medical Officers in the Maharashtra Medical Insurance
Services, Class-II (Recruitment) Rules, 1985 for Group-A and Medical Officers
in the Commissionerate of Employees State Insurance Scheme, (Recruitment)
Rules, 1998 for Group-B,-- (i)
the initial basic pay of ad-hoc Medical Officer shall be fixed at
the minimum of the pay scale applicable to the category of post to which he is
absorbed under rule 3; (ii)
as regards pension and other retirement benefits they shall be
governed by the terms and conditions as stipulated in the new Defined
Contribution Pension Scheme of the Government; (iii)
before making absorption of the ad-hoc Medical Officers the
confidential reports and enquiry, if any, against him shall be verified.
However, the decision on the enquiry report shall be taken after absorption and
such decision shall be binding on the ad-hoc Medical Officer; (iv)
after absorption the ad-hoc Medical Officer shall be posted as per
the requirement of the Employees State Insurance Scheme; (v)
while making absorption, an undertaking from the ad-hoc Medical
Officers regarding the acceptance of terms and conditions laid down by the
Government shall be obtained. The ad-hoc Medical Officers to whom the said
terms and conditions are not acceptable, they should not be considered for
absorption; (vi)
the inter-se seniority of the ad-hoc Medical Officers shall be
fixed from their date of initial appointments as ad-hoc Medical Officer; (vii)
the service rendered by the ad-hoc Medical Officers prior to the
date of absorption shall not be considered for pay, pension, leave and grant of
promotion as a specialist or any other post under the Assured Career
Progression Scheme; (viii) while
making absorption of the ad-hoc Medical Officers if backlog is noticed in
particular category of the caste, the same shall be adjusted in future
recruitment. The provisions of the Medical
Officers in the Maharashtra Medical Insurance Services, Class-II (Recruitment)
Rules, 1985 for Group-A and Medical Officers in the Commissionerate of
Employees State Insurance Scheme (Recruitment) Rules, 1998 for Group-B and all
other rules regulating the conditions of services of Government Servants in so
far as they are not inconsistent with the provisions of these rules, shall
apply to persons absorbed under these rules. MEDICAL
OFFICER IN THE MAHARASHTRA MEDICAL INSURANCE SERVICES GROUP-A AND GROUP-B
(GAZETTED) (ONE TIME ABSORPTION OF MEDICAL OFFICERS APPOINTED ON AD-HOC BASIS
IN MAHARASHTRA) (SPECIAL) RULES, 2014
PREAMBLE