GOVERNMENT OF ANDHRA PRADESH A B S T R A C T Establishment APPHS Sri D.

D.Pentaiah, Community Health Officer, Kothur Voluntarily retired on Medical Invalidation Reinstated Payment of retirement benefits Orders Issued. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - - -- - - - - - HEALTH MEDICAL & FAMILY WELFARE (C2) DEPARTMENT G.O.Ms.No.74 Dated: 17-03-2008. Read the following:-

1) Orders of the Honble A.P.A.T., Dt.16.11.2004 in O.A.No.92/04 filed by Sri D.Pentaiah, CHO., Kothur. 2) G.O.Ms.No.128, HM&FW (C2) Deptt., Dt.18.4.2006. 3) From Sri D.Pentaiah, CHO, Repn.Dt.Nil. 4) Orders of Honble High Court of A.P., Dt.23.11.2007 in W.P.No.24641/2007. ******* O R D E R :Sri D.Pentaiah, Community Health Officer, MPHC, Kothur, Mahabubnagar District was on Medical leave w.e.f. 5-11-2001 to 5-4-2002 and applied for voluntary Retirement on medical grounds on 11-12-2001. The individual was referred to Medical Board in Osmania General Hospital and under went medical checkup. The Medical Board sent a confidential report to the Head of the Department on 29-12-2001 duly incapacitating him for further service. In the meantime the individual reported to duty on 18-6-02 along with fitness certificate issued by the competent Civil Surgeon and he has requested to cancel his earlier request for voluntary retirement on medical grounds and permit him to continue in service. The Director of Health, A.P., Hyderabad in his proceedings in Rc.No.20195/E5/2001, Dt. 29-12-2003 issued orders retiring Sri D.Pentaiah from service on Medical invalidation w.e.f. 31-12-2003. 2. Sri D.Pentaiah, Community Health Officer, in his representation has, therefore, requested the Government to cancel his request for retirement and permit him to continue in service. He has also filed O.A., in the Honble Andhra Pradesh Administrative Tribunal against the retirement orders on medical invalidation. The Andhra Pradesh Administrative Tribunal in its orders dated 16-11-04 in OA No.92/2004 has quashed the proceedings issued by the Director of Health, A.P., in Rc.No.20195/E5.D/2001, dated 29-12-2003 and the consequential proceedings of the District Medical and Health Officer, Mahabubnagar issued in proceedings Rc.No.14753/E1/2003, dated: 1-1-04 and directed the respondents to take the applicant to duty and he will also be eligible to have the entire period from the date of impugned order till his reinstatement as duty with all consequential benefits. (P.T.O.)

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3. Government, in the ref.2nd read above, issued orders to reinstate Sri D.Pentaiah, Community Health Officer, Primary Health Center, Kothur, Mahaboobnagar to duty with immediate effect pending decision on treatment of the period from the date of voluntary retirement to the re-instatement to duty. 4. Subsequently, the Director of Health, A.P. Hyderabad has filed a W.P. No. 24641/07 in the A.P.High Court against the A.P.A.T., Orders Dt.16.11.2004 in O.A.No.92/04 in so far as treating the period from the date of impugned orders till his reinstatement with all consequential benefits is concerned. The Honble High Court in its orders Dt.23.11.2007 has disposed the W.P., with a direction to pay all the retirement benefits, to the respondent, except the salary for the period from 1.1.2004 to 15.11.2004. However, the said period shall be taken into account for computation of all other benefits and for all other purposes. 5. Government after careful examination of the matter, decided to implement the orders of Honble A.P. High Court and accordingly order to pay all the retirement benefits in respect of Sri D.Pentaiah, C.H.O.,(Retd.,) except the salary for the period from 1.1.2004 to 15.11.2004 and to take the above period into account for computation of all other benefits and for all other purposes. 6. The Director of Health, A.P., Hyderabad is requested to take further necessary action in the matter. 7. This order issues with the concurrence of Fin. (F.R.II) Dept., vide their U.O.No.35188/4/F.R.II/08, dt. 24-1-2008. (BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH) L.V.SUBRAHMANYAM PRINCIPAL SECRETARY TO GOVERNMENT To The Director of Health, A.P., Hyderabad. The Individual through the Director of Health, A.P., Hyderabad. The Accountant General, A.P, Hyderabad SF/SC. // FORWARDED :: BY ORDER // SECTION OFFICER