GOVERNMENT OF ANDHRA PRADESHGENERAL ADMINISTRATION (SU-II) DEPARTMENT

Memo.No.20798/SU-II/Al/2011-2 Dat~d:18-06-2012.I

Sub:- p.s~- A.P.Secretariat Services - Asst. Section Officers -Restoration of Seniority in the category of Asst.SectionOfficers on par with his juniors - Issue of fresh notices tothe effected persons - Objections - Called for - Reg .

•Ref:- l.G.O.Ms.No. 378, G.A.(OP.I) Dept., dt:28-07-1982.

2.G.O.Ms.No. 235, G.A.(Ser.B) Dept., dt:08-04-1983.3.G.O.Ms.No. 458, G.A.(Ser.B) Dept., dt:01-09-1986.4.Govt. Memo. No.276/Ser. B/79-51, dt: 05-12-1986.5.G.O.Ms.No. 239, G.A.(OP-I) Dept., dt:30-05-1996.6.G.O.Ms.No. 186, G.A.(SU-II) Dept., dt:20-06-2003.7.G.O.Ms.No. 350, G.A.(OP-I) Dept., dt:28-10-2004.8.0rders of APAT, in O.A.No.230 of 2005, Dt:22-7-2005.9.0rders of APHC, in W.P.No.18512 of 2006, dt:

18-9-2006.

***In the reference first clted.. Orders were issued regularizing the services of

certain temporary A.S.Os promoted from the category of Assistants and Typists 1Steno-Typists working in General Administration prior to formation of Single Unit.

2. In the reference second clted, Orders were issued for fixation ofseniority among the A.S.Os workIng in General Administration Departmentby constituting single unit from 8-4-1983 in the matter of promotionbetween'the different Departments.

3. In the reference third cited, the Orders issued to review thepromotions made prior to 8-4-1983 to the category, of A.S.Os and considerrevision of their dates of regularization, if they are otherwise eligible forsuch promotion in relaxation of the rules.

4. In the reference sixth cited, Orders were issued publishing the finalintegrated seniority list of A.S.Os in secretariat from 1-1-75 to 31-8-1984(end of panel year 1983-84) subject to final outcome of W.P Nos 11367 and11368/2002. The A.P High Court disposed off the above W.Ps later. Subsequentlyseveral amendments were issued to G.O.Ms.No. 186, G.A.(SU-II) Dept.,dt:20-06-2003. Certain A.S.Os of General Administration Department haverequested to restore their original dates of continuous affirmation in the categoryof A.S.Os and they have filed O.A.No.7279/2003 with M.A.No.4625/2003 beforethe A.P.J;\dministrative Tribunal. The Hon'ble A.P. Administrative Tribunal in itsinterim direction dated 30-12-2003 have directed the Government to passappropriate Orders within a priod of two weeks and G.A (OP-I) Department haveexamined the representation keeping in view of the peculiar circumstances

'prevailed at that time and orders of the Supreme Court regarding inter-se-seniority of Junior Assistants who qualified through APPSC and issued restoringthe earlier orders contained in G.O.Ms.No.378, General Administration (OP-I)Department dated 28-7-82 (prior to formation of Single Unit) vide G.O.Ms.No.350,General Administration (OP-I) Department dated 28-10-2004.

5. The above G.O. was challenged by certain A,S.Os in A,P. AdministrativeTribunal by filing O.A.No.230/2005. The A.P.Administrative Tribunal in its finalorders dated 22-7-2005 has observed that the" impugned G.O.Ms.No.350, dated28-10-2004 is arbitrary and violative of Article 14 of the Constitution of I-ndia andthe same is liable to be set aside and accordingly it is set aside. However, thisorder does not preclude the first respondent to issue notices to affected partiesbefore taking a final decision in the matter".

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6. The Government have filed W.P.18512j2006 in A.P. HigH Court against tlJudgment of A.P. Administrative Tribunal in O.A.No.230j2005, dated 22-7-2005.The Hon'ble High Court in its order dated 18-9-2006 in W.P.No.18512j2006 haveobserved that" we see no reason to interfere with the order of the Tribunal moreso, since the petitioners herein have now been given the liberty to put therespondents j applicants on notice and thereafter taken a decision in the matteraccordingly, dismissed the W.P." , ,

7. Based on the orders of the Hon'ble Tribunal in O.A.No.230j2005 dated:22-7-2005 and also Hon'ble A.P. High Court, in W.P.No.18512j2006, dated:18-9-2006 and prior to the above court cases, Government have issued showcause notices vide Memo.No.147565jSU-IIj2004-3, dated 28-3-2005 byincorporating the dates of regularization of A.S.Os of General AdministrativeDepartment ordered in G.O.Ms.No.378, General Administration (OP-I) Departmentdated:28-7-82 in the integrated final , seniority list issued in G.O.Ms.No.186,General Administration (SU-II) Department dated 20-6-2003. In response to theabove memo, certain objections were received. Since the impugnedG.O.Ms.No.350, General Administration (OP-I)" Department, dated 28-10-2004was set aside by the Hon'ble A.P. Administrative Tribunal and High Court ofAndhra Pradesh in W.P.No.18512/2006, dated 18-9-2006 on the ground thatprinciples of natural notices were not followed, it is proposed to issue fresh noticesto the affected persons again as ordered by Hon'ble APAT j High Court.

8. The history of the case is as follows;

It is to mention that certain Typists j Jr.Assts. were recruited temporarilyduring the years 1973 to 1977 in GAD and they became eligible for promotion asAssistant, (now ASO) during 1975-76 to 1978-79 respectively.

9. During 1977 the APPSC has allotted a total No. of 103 candidates to theSecretariat for appointment as Jr.Asslstants in the departments of Secretariatbased on the results of the Competitive Examinations conducted for Group-IfServices held in MayjJune, 1977. Of which (88) Jr. Assistants were allotted tovarious departments in Secretariat vide U.O.Note No.1418jOP-IV/78-5, dated:25-9-1978 and the following (15)' candidates were retained in GeneralAdministration Department and they were given appointments orders videO.O.No.143 GA (OP.IV) Department, dated 7-11-1978 i.e., after elapse of 43days.

SI.No. Name of the Jr.Asst. APPSC Date fromRanking services

regulari,

1. V.J.Anand Reddy 19 14-07-2. KL.N.Krishna Kumar 20 16-11-3. G.Krishnaiah 28 16-11-4. Ch.Venkatapathi 29 16-11-5. Smt.T.Suseela 30 16-116. B.Subba Reddy 31 16-117. M.James ,32 17-11-8. B.R.C.Sastry • 36 17-11-9. B.V.Subrahmanyam 39 17-1110. M.Kamalakar Rao 40 20-1111. P.Krishna Sastry 45 20-1112. P. L.N.Sharma 49 20-1113. C.J.S.Naidu 51 20-1114. Smt. Rooplatha Bai 56 20-1115. V.V.Subba Rao 99 20-11

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10. Further, it is to mention that the candidates who were allotted to variousdepartments have received appointment orders from their administrativedepartment during Sept./Oct., 1978 itself and have joined duty. Accordingly theadministrative departments have regularized their services from the date of theirjoining and the aforesaid Jr.Assistants of same batch who were retained forappointment in G.A.D. were joined as per their appointment orders i.e., later by43 days thereby caused irreparable loss to the candidates of GAD for no fault ofthem. '

11. During 1979 a good number of vacancies of ASOs have fallen vacant in GADand it was necessitated to fill up those vacancies to carry out the work smoothlyand efficiently in the Department, these vacancies have to be fill up by promotingcandidates from the feeder category of Jr. Assistants and Typists. Due toadministrative exigencies of work, taking into consideration the experience gainedby the temporary Jr. Assistants (whose services were regularized later throughS.Q.T vide O.O.Ms.No.159 G.A (OP-IV) Department, dated 23-5-1980, werepromoted purely on temporary basis as ASOs in June/Sept., 1979 in two batches.

12. The Jr. Assistants recruited through APPSChave filed R.P.No.145/1979 inAPAT claiming seniority over the temporary Jr. Assistants who were qualified tohold the post of ASO through SQT. The Hon'ble APAT has upheld the claim of PSCrecruits and subsequently confirmed by the Supreme Court dismissing the appealpreferred by the Government.

13. The General Administration (OP.I) Department have regularized theservices of 49 Asst. Section Officers vide G.O.Ms.No.378, General Administration(OP-I) Department, dated 28-7-82. Out of 49 candidates, it was necessitated torelax Rule 33(a) of General Rules in favour of the following candidates only inexercise of the powers conferred under rule 47 of A.P.State and SubordinateServices so as to enable them to retain their seniority in the category of A.S.Osalthough their dates of regularization are later than their juniors.

SI. Name of the Asst. Section Officer Date on which Promoted.No.1. ~.Satyanarayana 01-01-19802. Smt.T.Suseela 12-07-19793. P.Guravaih 04-07-19804. B.Subba Reddy 13-09-19795. M.James 13-09-19796. B.Ramachandra Sastry 13-09-19797. B.V.Subramanyam 13-09-19798. M.Kama1akarRao 08-10-19799. P.Krishna Sastry 01-01-198010. P.l.N.Sarma 01-01-198011. C.J.S.Naidu 01-01-198012. Smt. Rooplatha Bai 01-01-198013. P.ChandrasekharaPrasad 29-04-198114. V.V.Subba Rap 04-07-198015. G.Gopi 17-07-197916. K.Ravindra Babu 01-01-1980

14. The orders issued in the G.O.Ms.No.378, General Administration (OP-I)Department, dated 28-7-82 were modified subsequently by G.A. (O.P.I) Departmentvide G.O.Ms.NO.239 dated 30-5-1996, wherein the A.S.Os of G.A Department wereappointed as full members in terms of Rule 29 of the A.P.State and SubordinateService Rules in the substantive vacancies that arose on or after 8-4-1983, the dateon which the single unit has been formed fully making them eligible for probationand also for declaration of probation.

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15. General Administration (SU) Department has been constituted w.e.i8-4-1983, for the category of A.S.Os, integrating services of A.S.Os working in allthe departments of Secretariat except Finance & Law Departments. Beforeformation of G.A(SU) Department, each department was a separate Unit for thepurpose of seniority, transfer and promotion etc., up to the level of Section Officer.

16. After formation of Single Unit, aggrieved by their placements in the senioritylist, several Asst. Section Officers of several departments of Secretariat approachedthe ·APAT. During the process of the' cases, the Hon'ble Tribunal gave severaldirections from time to time in several cases and G.A. (Ser) Department in turnadvised the departments of Secretariat to review and revise the seniority listsaccording to the guidelines ordered by the Hon'ble APATvide Govt. Memo. No.276/Ser.B/80;-3., G.A (Ser.B) Department, dated 11-3-1980.

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17. It ls observed that none of the departments in the Secretariat haveimplemented the above directions of the G.A.(Ser) Department except the G.A (OP)department, who have implemented tile directions and revised the seniority bytaking into consideration the dates of regularization of the Jr.Assistants who wererecruited in the year 1978 in G.A Department through APPSCand promoted in theyear 1979 without completion of prescribed period of probation vide G.O.Ms.No.239GA (OP.I) Department, dated 20-5-1996 considering the completion of 2 years ofminimum period of service in the feeder category and on confirmation theory.

18. Due to non-implementation of the directions of the G.A.(Ser) Department byall other departments of Secretariat and, also due to non revision of the dates of

I

regularization assigned to their staff members they were stood to their normaldates. '

19. As per the directions of the Hon'ble APATdt:7-7-1975 in O.A.No.638/93 andbatch cases, among other things, the Hori'ble Tribunal laid down the followingguidelines for the purpose of fixation of seniority of A.S.Os.

"Relaxation of Rule 33(a) in favour of any individual will noteither confer any right on 'seniority or effect the seniority tobe determined under Rule 33, Relaxation of the eligibilitycriteria for appointment to the post of Asst.Section Officer willhave to be ignored".

20. Based on the above guidelines of the Hon'ble Tribunal, the dates ofregularization of the Jr.Assistants, who were recruited in the year 1978 in G.ADepartment through APPSCand promoted in the year 1979 without completion ofprescribed period of probation were revised vide G.O.Ms No.239, GA (OP.I)Department, dated 20-5-1996 considering the completion of 2 years of minimumperiod of service in the feeder category and on confirmation theory.

21. After formation of Single Unit, the final seniority list of A.S.Os appointed invarious departments of Secretariat from 1-1-1975 to 31-8-1984 was issued inG.O.Ms.No.186 (SU-II) Department dated: 20-6-2003. While finalizing the seniorityunder Rule 33(a) of General Rules the following basic criteria was followed keepingin view of the orders of the Hon'ble High Court dated 28-8-2002 in W.P.No.11367and 11368 of 2002.

(a) Wherever the seniority lists have come final by virtue of theorders of the Supreme Court, they were adopted as it is, as theyhave come final in respect of the seniority of the A.S.Os thereinpertaining to that Department.

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(b) Keeping in view of the orders of Supreme Court of India invarious departments, the Assistants (earlier called as Jr.Assts.)who were recruited though the APPSC were ,given rankingabove the Assistants and Typists above whose servicesregularized through S.Q.T. conducted by the APPSCiand

(c) The requisite minimum 2 years of service required in the feedercategory for completion of declaration of probation in thefeeder category have been followed while assigning theseniority in the higher category, for the reason that withoutcompletion of probation in the feeder category one cannotbecome eligible for promotion to the next higher post.

22. Actordingly the dates indicated in G.O.Ms.No.239, G.A (OP.I) Department,dated 30-5-1996 was taken into consideration and incorporated in the final senioritylist of A.S.Os published in G.O.Ms.No.186, G.A. (SU.II) Department, dated:20-6-2003. In this regard many of their juniors were made seniors to them andpromoted.

23. Aggrieved by the final seniority list communicated by GA(SU-II) Department,vide G.O.Ms.No.186, G.A (SU-II) Department, dated 20-6-2003, certain the thenA.S.Os of G:A.Department have submitted representations with a request to restoretheir original dates of continuous officiation in the category of ASOs as alreadyordered in G.O.Ms.No.378, G.A (OP-I) Department, dated 28-7-1982 have filed aO.A ..No.7279/2003 with M.A.No.4625/2003 before the APAT. The Hon'ble Tribunal inits interim direction dt:30-12-2003 have directed the Govt. to pass appropriateorders on the representations of the individuals within a period of two weeks fromthe date of receipt of the copy of the Tribunal order.

24. The General Administration (OP-I) Department have examined therepresentations submitted by certain the then A.s.Os of G.A Department keeping inview of the peculiar circumstances prevailed in the G.A.Department at that time. Asthe Jr.Assistants who were qualified through S.Q.T and promoted in June/Sept,1979 had already put in more than 4 years of service in the feeder category as onthe date of their promotion and some of the APPSC Jr.Assistants who were alsopromoted have gained seniority in terms of Court Orders, rule 33(a) has beenrelaxed in 'their favour in order to maintain inter-se-seniority and issuedregularization orders vide G.O.Ms.No.378, G.A (OP.I) Department, dated 28-7-82.Subsequently the G.A.(OP.I) Department have issued revised orders inG.O.Ms.NO.350, G.A (OP.I) Department, dated 28-10-2004; restoring theregularization dates assigned in G.O.Ms.No.378, G.A. (OP.I) Department, dated 28-7-1982.

25. The G.O.Ms.No.350, G.A (OP.I) Department, dated 28-10-2004, waschallenged by certain A.S.Os in A.P. Administrative Tribunal by filingO.A.No.230/2005. The A. P.Administrative Tribunal in its final orders dated:22-7-2005 has observed that the \\ impugned G.O.Ms.No.350, dated 28-10-2004 isarbitrary and violative of Article 14 of the Constitution of India and the same isliable to be set aside and accordingly it is set aside. However, this order does notpreclude the first respondent to issue notices to affected parties before taking afinal decision in the matter".

26. The Government have filed W.P.No.18512/2006 in A.P. High Court againstthe Judgment of A.P. Administrative Tribunal in O.A.No.230/2005, dated 22-7-2005.The Hon'ble High Court in its order dated 18-9-2006 in W.P.No.18512/2006 haveobserved that \\ we see no reason to interfere with the order of the Tribunal moreso, since the· petitioners herein have now been given the liberty to put therespondents / applicants on notice and thereafter taken a decision in the matteraccordingly, dismissed the W.P."

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27. Based on the orders of the Hon'ble Tribunal in O.A.No.230/2005 dated22-7-2005 and also Hon'ble A.P., High Court in W.P.No.18512/2006, dated:18-9-2006, Government after careful examination have proposed to issue freshnotices again to the affected parties by' calling for objections, if any, on theincorporation of dates of regularization as stated in G.O.Ms.No.378, G.A.(OP-I)Dept. dated:28-7-1982 (Annexure to this Memo.)

28. The affected individuals are requested to submit their objections, if any,within (15) days from the date of receipt of this Memo on the proposals ofrearranging the seniority of the individuals as ordered in G.O.Ms.No.378, G.A.(OP.I)Department, dated 28-7-1982 and as proposed in the annexure to this Memo. If noreply is received within the stipulated time, it will be construed that they have noobjection for the above change in seniority and further action will be takenaccordingly.

29. The concerned OP Sections are requested to intimate the date of serving theabove notice to the individuals concerned for taking further necessary action in thematter.

PANKAJ DWIVEDICHIEF SECRETARY TO GOVERNMENT

ToSri Gulam Mohiuddin (SI.NoAOO) to Sri S.V.S.Murthy (SI.No.754)

in G.O.Ms.No.186, GA (SU-U) Department, dated:20-06-2003.All Departments (OP) of Secretariat under the control of Single Unit.The Director of Printing, Stationery & Stores Purchase, Hyderabad

with a request to publish the G.O. in the Extra ordinary Gazetteand supply 500 copies to Government.

The G.A. (OP-V) Department.SFjSC.

/ /Forwarded:: By Order/ /IL_~ ,

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ANNEXURE TO MEMO NO.20798/SU-II/Al/2011-2, DT:18-06-2012

Existing SI.No as Proposed Sl.No.in G.O.MS.NO.1S1per G.O.Ms.No. dt.20-6-2003 as per G.O.Ms.NoSI. Name of the Candidate 186, dt:20-6-2003. 378 dated 28-7-1982No.

SI. Date SI. Date to beNo. Assiqned No. Assigned

l. V.J.Anand Reddy 399 05-06-79 399 05-06-792. T.Satyanarayana 481 • 16-11-80 400 a) 05-06-793. K.L.N.Krishnakumar 477 16-11-80 400 b) 05-06-794. G.Krishnaiah 478 16-11-80 400 c) 05-06-795. Ch.Venkatappaih 479 16-11-80 400 (d) 05-06-796. Smt.T.Suseela 480 16-11-80 401 (a) 12-07-797. P.Guravaiah 509 17-11-80 409 (a) 13-09-79

~ B.Su"bba Re~ 482 ' 16-11-80 409 b) 13-09-79 --9. M.James 506 17-11-80 409 (c) 13-09-7910. B.R.C.Sastry 507 17-11-80 409 d) 13-09-79-- --1l. B.V.subrahmanyam 508 17-11-80 409 e) 13-09-7912. Smt.K.Pitchamma 518 20-11-80 409 (f) 13-09-7913. M.Kamalakar Rao 514 20-11-80 409 :q) 13-09-7914. l':Krishna Sastry 515 20-11-80 409 h) 13-09-79---15. P.L.N.Sharma 516 20-11-80 409 i) 13-09-79--

4Q9 'i)16. C.J.S.Naidu 517 20-11-80 13-09-79_.-. --17. P.c.S.Prasad 629 20-11-80 409 k) 13-09-79'----- -. --

~~ Smt.Rooplatha Rai 519 20-11-80 409 I) 13-09-79 --19. V.V.Subba Rao 520 20-11-80 409 m 13-09-7920. B.Prakash Rao 521 20-11-80 409 (n) 13-09-79---2l. r--~.Shan: Babu 524 20-11-80 409.JQ2 13-09-791------

22. G.Nafslnga Rao 523 20-11-80 409 (2) 13-09-79f--.--

23. V.Subrahmanyam 525 20-11-80 409 (q) 13-09-7924. M.Narsa Raju 526 20-11-80 409 r) , 13-09-79 --25. G.Gopi 527 20-11-80 409 (s) 13-09-79 --26. R.Jaji Babu 529 20-11-80 409 t) 13-09-79

u)--

27. K.Ravindra Babu 528 20-11-80 409 13-09-79-'-409 (v)28. S.Sreenivasulu 530 20-11-80 13-09-79

29. C.Chenchaiah 531 20-11-80 ~_9(w2 13-09-7930. N.P.S.Reddiar 532 20-11-80 409 x) 13-09-793l. Y.S.S. Prasad 534 20-11-80 409 :y) 13-09-7932. Yadagiri 533 20-11-80 409 z) 13-09-7933. B.B.G. Tilak 567 11-12-80 409 aa 13-09-79

Bhava Vinay--

34. 756 27-10-83 409 bb 13-09-7935. ?Mulaswamy 568 12-12-80 568 12-12-80

1--- --36. K.Subbarayudu 569 12-12-80 569 12-12-80_. .-37. N.Krishna 570 12-12-80 570 12-12-80--

570 (a)--

38. K.Y.V.Prasada Rao 586 15-01-81 12-12-8039. M.Krishna 609 25-03-81 570 b) 12-12-80

630-

570 (c) ,--

40. J.Venugopal 01-05-81 12-12-804l. N.Vidyasagar

>636 14-05-81 ~QJQ2 12-12-80-- ~:-------

42. M.V.V-,Satyanarayana 681 25-03-82 570 (e) 12-12-80 ,,-

43. Y.Maruti 744 13-09-83 570 (f) 12-12-80-- --44. S.Chandrasekhara Rao 745 13-09-83 570 (9) 12-12-80----45. Manju Bhushan 750 01-10-83 646 (a) 19-05-8146. K.V.S.S.S.V. Prasad 752 07-10-83 646 b) 21-05-814~.:.-~mt.K.Rajeswari 757 28-10-83 646 c) 25-05-8148. K.Venkateswarlu 755 27-10-83 646 d) 25-05-81,!.9·__2·V.S.Murthy 754 26-10-83 646 (e) 25-05-81

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