Letter from President’s Desk ...
No.3 – 18.10.2015
SUB: Promotion Panel & Rules
Dr K.Senthil MD, State President - TNGDA.
This letter means to give an idea about the panel and promotion rules, all our members need to know. I will brief you on the general rules and guidelines meant to be followed in preparation of panel for all promotions – though it may mean more to DME side due to the delay and stress accompanying the promotion panel as Associate Professor every year.
I have tried to make it simple but as it is a complicated topic, many others not concerning the promotion as associate professor may find it difficult to understand. But friends, the same are the rules for promotion in DMS/DPH side also. Though it is not a complete one, nor a document to quote, may help you understand the official rules and procedures better. This is a comprehensive narration to clarify the doubts of most of our members.
For your information, by strength and value, the fundamental rules are the supreme and the strongest; next are the TN State & Subordinate Services Rules and Special Rules of the particular department (TN Medical Service Rules), next are the GOs and last are the Govt. letters.
In general, Promotions are mostly governed by fundamental and TNSSR/Special Rules and Transfers are by GOs and govt. letters.
Promotion Panel Rules and Preparation:
Panel rules are governed by rules applicable generally to all departments and some clauses (as adhoc rules) in Special Rules of TN Medical Service.
Promotion Panel as such means Regular Panel. There is also another panel called temporary panel – which is as the name implies issued if the vacancies are more or of sensitive in nature, always in addition to the regular panel. (mostly issued in essential service departments and in certain higher cadres or whenever necessary.)
Panel rules are very strong and cannot be violated. Any violations can easily be struck down in the court of law (unlike in transfer violations where the GO has no such legal credibility) That is because promotion is a fundamental right of every person, whereas transfer is not.
Every year they have to prepare a panel based on eligibility criteria for the higher post as on a cut off date called the crucail date.
For most departments and cadres the crucial date is 15 March of that year. (Ministerial staff have 2 crucial dates - also in September?). Crucial date is the cut off date as on which the candidate should be eligible as per the criteria defined in the adhoc rules for the higher post.
Adhoc Rules for the post:
Every post has specific criteria as qualification for the post. In general, most of Associate Professor criterias are based on the norms defined by the MCI. Some posts in scarce category, or speciality not approved by MCI as Spine, Hand, Cosmetic Surgery etc have adhoc rules that would have suited the speciality/ person at the time of creation.
In Tamilnadu Medical Service, the CML Seniority is the basis.
Eligibility for Associate Professor:
The candidate should have a specific recognised PG degree (or super speciality degree)
Should have completed 5 years of teaching experience as AP/ SR/JR (2 years for super speciality) in a department after acquiring his valid PG degree.
Should not have any DP pending or ongoing punishment or should have completed the mandatory waiting period as said in GO 32 of P&AR dept of the year 2014 against the candidate
If on relinquishment period, should have completed the 3 years currency period as on the crucial date.
# The department is defined as one which has atleast one Asso/Prof under whom he should have got the teaching experience in a recognized medical college or institution.
# teaching exp on deputation or posts equivalent to teaching post (hospital attached posts) are as per the Govt letter 10740 dated 07.04.2010.
# the teaching experience should have been acquired in a functioning medical college after the date of acquiring the Letter of Permission (LOP) to start the college from MCI.
Estimate of vacancies:
The estimate of vacancies is to be arrived at so as to prepare the panel.
The estimate will be done ONLY after exhausting the candidates in previous year panel ( previous year panel is valid for one year from the date of issue - not from the crucial date)
Basically the estimate is the no of vacancies as on the crucial date + some percentage for unforeseen vacancies based on cadre strength
Based on the estimate, the panel will be prepared in 1:1 ratio.
panel will be prepared as per the CML Seniority among the eligible candidates.
After approval of the panel, the panel will be published and any aggrieved members can claim their rights if any within 3 months. (this means that the aggrieved member if senior can claim his promotion, but not the place if the counseling has already been held by then)
The entire process of panel preparation is strictly governed by powerful rules. Entire process if deviated can be questioned outright and is legally very tenable.
But the last part is the promotion counseling - though very important for us, doesn't come under the strong panel/Promotion rules. This is held once the panel is published (though aggrieved members can claim their rights in 3 months – placements cannot be claimed)
# possibly to facilitate Govt/officers to choose even junior candidates to their liking to a sensitive/important post in most departments.
Relinquishment: candidates usually relinquish their promotion only during the counselling - held somewhere in September-January . So, these candidates are not eligible to claim promotion for 3 years from the date of their relinquishment (vary to each speciality ). This means these candidates will be effectively not included in the panel for 4 years - as their eligibility will fall after the crucial date even on the 3rd year.
DP pending: any 17a or 17b or suspension is an absolute bar Promotion as on the crucial date. (But there were judgments that promotions due before the occurence of the incident for charges should not be stopped).
Currency of punishment is an absolute bar.
Since 1993, vide GO 368, the issue of mandatory waiting period after the punishment for 1 year in case of censure and 5 years in case of other punishments (from the time of occurrence of the incidents leading to the charges) led to lot of confusions. Many cases were filed and when the Honorable High Court ruled that the GO issued in 1993 has no statutory value if it is not there in concerned TNSS Rules, the Govt. in Feb 2014 went on to amend the TNSSR retrospectively from 1993 (as per GO 22 of P&AR dept of 2014) to give the required legal value to the mandatory waiting period after the punishment.
# As of now the waiting period after a censure is 1 year and for other punishments- including a noncumulative 6 month increment cut is 5 years from the date of occurrence of the issue leading to charges.
# Again increment cut for a year means, the punishment will be effective for one year from the date of increment due for that particular person and NOT frombthe date of the punishment order.
So, a candidate will be included in the panel after a punishment only if …
He should have completed the punishment as on the crucial date
He should have completed 1 year/5 years waiting period from the date of occurrence if the issue which led to the charges for censure/other punishments respectively.
It is prepared only in exceptional needy circumstances as to fulfill MCI norms. Not mandatory every year. If there are more vacancies for some reasons, after exhausting the regular panel in a particular year, the temporary panel is prepared.
# Inspite of estimate of vacancies in regular panel, due to issues like starting/upgrading of Medical colleges, super speciality hospital, departments after the crucial date (the sanction of posts after the crucial date cannot be calculated in estimate of vacancies, though the project proposal was there at the time of crucial date) new posts may be created exceeding the panel calculated. If there are significant no if vacancies then temporary panel will be prepared -need based.
Points in Temp panel:
1. Eligibility will be the date of preparation of panel (not the crucial date).
# by this those completed currency in punishment and relinquishment on that day (though after the crucial date) will b included in the temp panel.
# by this those completed teaching experience on that date if senior will be added above juniors completed teaching as on crucial date.
2. Vacancies will be as on the date of preparation (not crucial date).
So, friends, this is just a sketch on panel/promotion issues. Though TNGDA wants many of it changed, as in waiting period, inclusion priority in temporary panel etc - as they are governed by rules very difficult to change especially those in fundamental rules. Some of that Special Rules can and need to be changed. But it involves cumbersome procedures and many of these changes of any rule will affect some group of Doctors.
Special Rule 4-c of TN Medical Service:
This rule clearly says that though a CML junior by virtue of completing PG Degree and teaching experience get promoted over his senior who gets promoted late (for want of completion of PG or teaching experience), the senior will get his seniority once he is promoted as Associate Professor (though he is promoted in subsequent panel)
Panel GO/ Rules :
G.O 368 dated 18.10.1993 of P&AR department – this G.O. is the basis for panel preparation for all departments and cadres since 1993. When lot of court cases were filed in Hon High Court against the various points in the GO,(especially against the waiting period after a punishment), the full bench of the High Court in 2012 observed that this GO is just a order from the Government and has no statutory value, the G.O 22 of 24.2.2014 of P&AR department was issued.
G.O 22 of 24.2.2014 of P&AR department – amended the Rule 4a of TN State and Subordinate Services Rules and gave the statutory effect for GO 368. The GO 22 also gave the statutory effect retrospectively since the date of GO 368 – thus covering all panels issued since then.
What happened last year 2014-15 ?
Grievances/ Controversies in this topic: (details in next letter)
Delay in preparation of panel :
Though the preparation of panel starts in march, with about 50+ specialties in DME side, the work gets delayed
Speciality/ Panel Vs CML Seniority:
Estimate of vacancies in the scenario of new medical colleges/ PG courses
Exhausting the previous panel: Possiblity of Juniors in Panel waiting for promotion getting the newly created posts in key instutions
Timing of temporary panel and incusion of seniors just becoming eligible over their juniors eligible in crucial date
Policies of TNGDA in this topic: (in next letter)
Dr K.Senthil MD,
State President TNGDA
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