Amendment in Junior Assistants etc..from feeder categories
Public Services –
The Andhra Pradesh Ministerial Service Rules, 1998 – Amendments - Orders -
Issued.
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GENERAL
ADMINISTRATION (SER.B) DEPARTMENT
G.O.Ms.No.32 Dated: 03.02.2014 Read the following:-
1.G.O. Ms. No. 261, G.A. (Ser.B) Dept., dated 14.7.1998.
2.G.O. Ms. No. 515, G.A. (Ser.B) Dept., dated 4.12.1999.
3.G.O. Ms. No. 286, G.A. (Ser.B) Dept., dated 22.06.2002.
4.G.O. Ms. No. 298, G.A. (Ser.B) Dept., dated 9.10.2003.
5.G.O. Ms. No. 365, G.A. (Ser.B) Dept., dated 17.08.2005.
6.G.O. Ms. No. 738, G.A. (Ser.B) Dept., dated 22.12.2008.
7.Orders of the Hon’ble APAT, dated:29.04.2010
in
O.A.No.860/2009.
8.Orders of the Hon’ble High Court, dated:26.04.2013 in
WP No.13051 &
18722/2010.
9.From the Secretary I/c, APPSC, Hyderabad, Letter
No.2230/RR/2/2013,
dated 25.01.2014.
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O R D E R:-
As per Note(17) under rule 3 of
the Andhra Pradesh Ministerial Service Rules, 1998 (prior to the amendments
issued in G.O.Ms. No.365) in the cycles mentioned in Notes (5) and (14), in
respect of the appointments to the categories of Junior Assistants, Assistant cum
Typists, Junior Stenographers and Typists from the feeder category of Record
Assistants and other equivalent categories, Attenders (Office Subordinates) and
other categories in the Andhra Pradesh Last Grade Service, eligible persons
from these categories shall be divided into three groups and the appointments as
between the groups I, II and III shall be in the ratio of 1:2:7 respectively,
in a unit of 10 vacancies.
2. Subsequently, orders were issued in
G.O. Ms. No. 365, G.A. (Ser.B) Dept. dated 17.08.2005, amending Note (17) under
rule 3 of the Andhra Pradesh Ministerial Service Rules as below:
“In
the cycles mentioned in Notes (5) and (14) in respect of the appointments to
the categories of Junior Assistants, Assistant-cum-Typists, Junior
Stenographers and Typists/ L.D. Typists from the feeder category of Record
Assistants and equivalent categories in Andhra Pradesh General Subordinate Service
Rules and Attenders and other categories in Andhra Pradesh Last Grade Service
Rules, the eligible person from the category of Record Assistant and equivalent
categories in Andhra Pradesh General Subordinate Service Rules shall be
considered first for appointment by transfer to the
categories mentioned in note (5) and (14) and when suitable persons in the
categories in Andhra Pradesh General Subordinate Service Rules are not
available, the Attenders and other categories in Andhra Pradesh Last Grade
Service Rules have to be appointed by transfer to the categories mentioned in
note (5) and (14).”
3. Aggrieved by the above, the AP Class IV
Association has represented to restore the provision existing prior to G.O.Ms.
No. 365, G.A.(Ser.B) Deptt., dt.17.08.2005.
Government after careful examination of the matter and having detailed
discussion with various Associations, have issued orders in G.O.Ms No.738,
GA(Ser.B)Deptt., dated: 22.12.2008 restoring the provisions existing prior to
issuance of G.O.Ms. No. 365, G.A.(Ser.B)Deptt., dated 17.08.2005.
4.Aggrieved
by the above, certain Record Assistants have approached the APAT and the
Hon’ble Tribunal in its orders dated 29.04.2010 in O.A.No. 860/2009 & batch
filed by Sri K.Krishna Murthy, Record Assistant and others, have set aside the
G.O.Ms.No.738, G.A.(Ser.B) Department, dated 22.12.2008.
5. Subsequently,
Government have filed W.P.No.18722/2010 against the orders of Hon’ble Tribunal
Dt.29.4.2010 in O.A. No.860/2009. A.P. Class-IV Association has also filed WP
No.13051/2010 against the said orders of Hon’ble APAT. The Hon’ble High Court in its orders, dated 26.4.2013
while dismissing the WP No.13051 &
18722/2010 have ordered as follows:
“……………No doubt, the rules
regulating the conditions of service are within the exclusive domain of the
State under the proviso to Article 309, but even so, such rules have to be
reasonable, fair and not grossly unjust, if they are to survive the test of
Articles 14 and 16. Coming to the facts
of the case, we are of the view that the impugned amendments made vide
G.O.Ms.No.738, dated.22.12.2008, are not reasonable and are grossly unjust and
they do not survive the test of Articles 14 and 16, as much as the senior most
employees in A.P. Last Grade Service who are promoted to the post of Record
Assistant, are unduly deprived of their chances for promotion to the further
superior posts of Junior Assistants or its equivalent categories under A.P.
Ministerial Service Rules, 1998.
For
the aforesaid reasons, we are in agreement with the reasoned order passed by
the Tribunal in O.A. No.860 of 2009.
Both the writ petitions are accordingly dismissed, confirming the
orders, dated:29.4.2010 passed by the Tribunal in OA No.860 of 2009. As there was an interim order during the
pendency of these writ petitions and it is brought to our notice that certain
promotions are already effected in terms
of the impugned G.O. Ms. No. 738, dt: 22.12.2008, we declare that this order will not have any
effect on the promotees who are promoted based on the orders issued vide G.O.Ms.No.738,
dated 22.12.2008. It is further directed
that henceforth, the vacancies in the category of Junior Assistant and other
equivalent categories governed by the A.P. Ministerial Service Rules, 1998,
shall be made without reference to the impugned amendments made vide
G.O.Ms.No.738, dated: 22.12.2008, but the same shall be made by following the
earlier amendments made to rule-3 vide G.O.Ms.No.365, dated:17.8.2005. No costs.
As
a sequel, miscellaneous petitions if any, pending in these writ petitions,
shall stand closed”.
6. Government,
after careful examination of the matter have decided to implement the orders of
the Hon’ble High Court of A.P., dated 26.04.2013 in W.P. No. 13051 &
18722/2010 and to carry out certain amendments in the A.P. Ministerial Service
Rules,1998.
7.
Accordingly, the following
notification will be published in the Andhra Pradesh Gazette, dated. 03.02.2014.
N O T I F I C A T I O N
In
exercise of the powers conferred by the proviso to article 309 of the
Constitution of India and all other powers hereunto enabling, the Governor of
Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Ministerial
Service Rules, 1998 issued in G.O.Ms.No.261, General Administration (Ser.B)
Department, dated the 14th July,
1998 and published in the Andhra Pradesh Gazette Part.I, Extraordinary, dated
the 29th October, 1998 and as subsequently amended from time to
time:
A M E N D M E N T S
In the said rules, (1) in rule 3, for the Note (17), the
following shall be substituted, namely;-
“In the
cycles mentioned in Notes (5) and (14) in respect of the appointments to the
categories of Junior Assistants, Assistant-cum-Typists, Junior Stenographers
and Typists/ L.D. Typists from the feeder category of Record Assistants and
equivalent categories in Andhra Pradesh General Subordinate Service Rules and
Office subordinates and other categories in Andhra Pradesh Last Grade Service
Rules, the eligible person from the category of Record Assistant and equivalent
categories in Andhra Pradesh General Subordinate Service Rules shall be considered
first for appointment by transfer to the categories mentioned in note (5) and
(14) and when suitable persons in the categories in Andhra Pradesh General
Subordinate Service Rules are not available, the Office Subordinates and other categories
in Andhra Pradesh Last Grade Service Rules have to be appointed by transfer to
the categories mentioned in note (5) and (14).”
(2)
In rule 6,
(i) in sub-rule (3), the
second proviso shall be omitted;
(ii) in sub-rule (4), the
second proviso shall be omitted.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF
ANDHRA PRADESH) S.K.SINHA, PRL.SECRETARY TO GOVERNMENT(SER.&HRM)
pleae give send reference 3rd cited go
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