April, 2016, The PGI Medical Technologists extends its moral and legal support to Nurses Welfare Association in their fight and struggle against the autocratic and undemocratic rule of Prof. Yogesh Chawla, Director and Dr. Anil Kumar Gupta, Medical Superintendent.
Though, the employees of PGI are not Central Government employee yet they are governed by Central Civil Services Rules including Conduct, Disciplinary and Appeal Rules, Fundamental Rules and Supplementary Rules (FRSR), General Financial Rules, etc. under the Act, Rules and Regulations of PGIMER Act, 1966 (51 of 1966). The Schedule III of PGI Act provides the scale of pay for its employees. The Regulation 40 further provides as under;
“40. Other conditions of service:-
In respect of matters not provided for in these regulations, the rules as applicable to Central Government servants such as regarding the general conditions of service, pay, allowances including traveling and daily allowance, leave salary, joining time, foreign service terms, and orders and decisions issued in this regard by the Central Government from time to time shall apply mutatis mutandis to the employees of the Institute.”
The Institute has adopted the Central Pay Scales for its employees w.e.f. 20.5.1975, therefore, the recommendations of CPC are applicable at the Institute. The 4th CPC prescribed 40 working hours a week for Organisation observing 5 days a week system or 6 days a week system with 2nd and 4th Saturday as holiday. It is a different issue that the PGI has illegally imposed 40 hours a week in the year 1991 instead of 37 ½ hours a week, even without resorting to 5 days a week system or closing on 2nd and 4th Saturday of month. The PGI MTA has challenged these illegal and arbitrary orders, which have been quashed by Hon’ble CAT and upheld by Hon’ble High Court and now pending consideration before Hon’ble Apex Court.
The Central Government has not agreed to the recommendations of 5th and 6th CPC on the issue of working hours, therefore, the recommendations of 4th CPC presently govern the field. The Director, PGI has no authority under the PGI Act to prescribe working hours contrary to recommendations CPC or Central Government.
No doubt, the Director has the authority to prescribe Duty Roster within 40 duty hours a week for smooth and effective functioning of patient care services.
For example, if the CCS (Leave) Rules, 1972 provide 30 Earned Leave in an year, the Director or Governing Body of Institute has no authority under PGI Act to incorporate a clause in Appointment Letter that Nurses or other employees will get 20 or 40 Earned Leaves in an year. Similarly, the Director, PGI cannot allow Pension, Gratuity, Commutation, Casual, Leave, LTC, etc. less or more than provided under the CCS Rules / FRSR or General Financial Rules.
Therefore, the 8 hours Duty Roster of clause in Appointment Letters of newly joined Nurses has no legal sanctity.
But, unfortunately, Prof. Yogesh Chawla, Director, PGI is acting like a rubber stamp and the Medical Superintendent is working as proxy and supreme Director of Institute, who has been keeping his false ego and prestige above the rules and law of the land.
The PGI MTA would request PGI Administration to mend its way otherwise, it will be solely responsible for the unrest and disruption of patient care services at the Medical Institute of National Importance and liable for legal and criminal action for any unfortunate eventuality.