2. DEFINITIONS:
In these rules, unless there is anything repugnant in the subject or context.
(1) Adhoc Rules: “Adhoc rules” means rules issued to govern:
(i) a temporary post in a Service, Class Category which is not covered by any Special Rules; or
(ii) all or some of the services in regard to issues of common applicability of all such services.
(2) Appointed to a Service: A person is said to be “appointed to a service” when, in accordance with these rules, except under rule 10 and in accordance with the Special Rules of adhoc rules applicable to such service he discharges for the first time, the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.
Explanation:
The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a post borne on the cadre of another service or same service or to discharge the current duties thereof does not amount to appointment to the latter service or post in the same service, as the case may be.
(3) Approved candidate: “Approved candidate” means a candidate whose name appears in an authoritative list of candidates approved for appointment to any service class or category.
(4) Approved probationer: “Approved probationer” in a service, class or category means a member of that service, class or category who has satisfactorily completed his probation in such service, class or category.
(5) Appointment or Recruitment by transfer: A candidate is said to be appointed or recruited by transfer to a service:-
(a) if, at the time of first appointment thereto he is an approved probationer in the Andhra Pradesh High Court Service or A.P.Legislature Service or in any other service, the rules for which prescribed a period of probation for members thereof; or
(b) In case at the time of his first appointment thereto he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post, satisfactory service for a total period of two years on duty within a continuous period of three years.
(6) Armed Forces of the Union: “Armed Forces of the Union” means the Army, Naval or Air Force of the Union.
(7) Backward Classes: “Backward Classes” mean the communities mentioned in Part-C of Schedule-I.
(8) Cadre: “Cadre” means the posts in various classes, categories and grades in a service.
(9) Commission: “Commission” means the Andhra Pradesh Public Service Commission.
(10) Confirmed Member: “Confirmed Member” means a member of a service who has been confirmed in a service under the State Government in accordance with rule 21.
(11) Date of Regular Appointment: “Date of regular appointment” means the date of commencement of probation, i.e., the date from which the service rendered by a person after appointment to a service class or category counts for probation.
(12) Departmental Promotion Committee: Departmental Promotion Committee means a Committee constituted to advise the appointing authority in regard to the persons to be included in the panel for being appointed by promotion or by transfer to a selection post not within the purview of the Commission.
Provided that the Departmental Promotion Committee may be required to prepare adhoc panels also for appointment to any service by promotion or by transfer even on temporary basis.
(12-A) Screening Committee: “Screening Committee” means a Committee constituted by Government to recommend the names for inclusion in the panel to the second level Gazetted Posts which are within the purview of the Andhra Pradesh Public Service Commission: and also to indicate the order in which the persons concerned should be included in the panel. The list of persons so prepared by the said Committee shall be forwarded to the Commission for its concurrence, by the concurrence authority.
(13) Discharge of a probationer: “Discharge of a probationer” means, in case of probationer is confirmed or is an approved probationer or probationer of another service, class or category or is an approved probationer or probationer of another post in the same service, reverting him to such service, class or category and every other case, dispensing with his service.
(14) Duty: A person is said to be “on duty” as a member of a service”
(a) When he is performing the duties of a post borne on the cadre of such service or is undergoing the probation, instruction or training prescribed for such service, or is deputed by the competent authority for higher studies or for undergoing training in India or abroad; or
(b) When he is on joining time; or
(c) When he is absent from duty during vacation or authorized holidays or on casual leave taken in accordance with instructions regulating such leave, issued by the State Government, having been on duty immediately before and immediately after such absence; or
(d) When he is absent from duty during the period of training for courses of instruction and the period spent in camps as a member of the Auxiliary Air Force and also during the period spent for interview or for attending medical examination at the time of recruitment or commissioning; or
(e) When he is absent from duty during the period of training including the period spent in transit as a member of the Indian Fleet Reserve or as a Reservist of the Army or Air Force (excluding the Reserve Officers); or
(f) When he is absent from duty during the period of training in the Territorial Army including the period spent in transit for undergoing annual training in the said army; or
(g) When he is absent from duty as a member of Air Defence Reserve, when called upon for service in the aid of the Civil power or for Air Force Service or during the period of annual training exceeding one month in the case of permanent and temporary Government servant and person on work-charged establishments during the period of training in Air Defence Reserve of Air Force Service in the case of probationers; or
(h) When he is absent from duty for service in the N.C.C. or during the period of training including the period spent in transit thereof.
Explanation:
Participation of a Government Servant in the ceremonial parade on special occasions like the Territorial Army Day, Republic Day, visit of a Minister and the like in his capacity as a member of the Air Defence Reserve shall be treated as part of his training: or
(i) When he is absent from duty to attend the annual day celebrations of the Home Guards Organisation or when called upon for duty in times of emergency as a member of the Home Guards Organisation.
(15) Direct Recruitment: A candidate is said to be recruited direct to a post, class or category in a service, in case his first appointment thereto is made otherwise than by the following methods:-
I. by promotion from a lower post, category or class in that service or from a lower grade of any such post, category or class, or
II. By transfer from any other class of that service, or
III. By appointment by transfer from any other service, or
IV. By re-employment of a person in case he had retired from service of Government prior to such appointment, or
V. By appointment by agreement or contract.
(16) Ex-Servicemen: “Ex-Servicemen” means a person who has served in any rank (whether as a combatant or as a non-combatant) in Regular Army, Navy and Air Force of the Indian Union but does not include a person who has served in the Defence Security Corps, the General Research Engineering Force, Lok-Sahayak, Sena and the para-military forces i.e. Border Security Force, Central Reserve Police Force, Indo- Tibetan Border Police, Central Industrial Security Force, Central Secretariat Security Force, Assam Riffles and Railway protection Force and
I. who has retired from such service after earning his / her pension; or
II. who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or
III. who has been released, otherwise than on his own request, from such service as a result of reduction in establishment or
IV. who has been released from such service after completing the specific period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct, inefficiency and has been given a gratuity and includes personnel of the Territorial Army of the following categories; namely:-
(a) pension holders for continuous embodied services;
(b) person with disability attributable to military service; and
(c) gallantry award winners.
Explanation: The persons serving in the Armed Forces of the Union, who on retirement from service, would come under the category of ex-servicemen, may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specified term of engagement in the Armed Forces of the Union.
(17) General Rules: “General Rules” means the Andhra Pradesh State and Subordinate Service Rules.
(18) Member of a Service: “Member of a Service” means a person who has been appointed to that service and who has not retired or resigned, or who has not been removed or dismissed, or substantively transferred or reduced to another service, or who has not been discharged otherwise than for want of a vacancy. He may be a probationer, an approved probationer or confirmed member of that service.
(19) Meritorious Sportsman: “Meritorious Sportsman” means a sportsman who has represented the State or the Country in a national or international competition or Universities in the Inter-University tournaments conducted by the Inter-University Boards or the State School team in the national sports / games for schools conducted by the All India School Games Federation in any of the games, sports, mentioned below: and any other games / sports as may be a specified by the Government from time to time:
(a) Athletics (including Track and Field events), (b) Badminton, (c) Basketball, (d) Cricket, (e) Hockey, (f) Football, (g) Swimming, (h) Volleyball, (i) Table Tennis, (j) Tennis, (k) Weightlifting, (l) Wrestling, (m)Boxing, (n) Cycling, (o) Gymnastics, (p) Judo, (q) Rifle shooting, (r) Kabaddi, (s) Kho Kho, (t) Ball Badminton, (u) Archery, (v) Equestrian Sports, (w) Hand Ball, (x) Rowing, (y) Chess, (z) Taek Wondo, (aa) Carroms
(20) Officiating Appointment: A person is said to be officiating in a post, if his appointment has been made after his inclusion in the relevant panel, but whose appointment has not been regularized.
(21) Panel: “Panel” means the authoritative list of candidates approved for regular appointment to any service, class or category drawn up by the Commission or by the Government or by the appointing authority concerned, but does not include the panel or list prepared for temporary appointment by the appointing authority pending preparation of a panel for regular appointment in accordance with the rules.
(22) Physically handicapped person: “Physically handicapped person” means a person who is blind, deaf or orthopaedically handicapped.
Explanation:
A person is said to be
(I) blind, if he is suffering from total absence of sight or visual acquity not exceeding 3-60 or 10/200 (snellen) in the better eye with correcting lenses:
(II) deaf, if his sense of hearing is fully non-functional for the ordinary purposes of life:
(III) orthopaedically handicapped, if he has a physical defect or deformity which causes so much interference as to significantly impede normal functioning of the bones muscles and joints.
(23) Presidential Orders: “Presidential Orders” wherever it occurs in these rules shall mean the Andhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 issued by the President of India under Article 371-D of the Constitution of India.
(24) Probation: “Probation” means the period during which a fresh entrant to a service or a person appointed to a higher post for the first time either by promotion within the service or by transfer from any other service, is put on test for determining his fitness to hold the post in a service, class or category.
(25) Probationer: “Probationer” means a member in a service class or category who has not completed his probation.
(26) Promotion: “Promotion” means the appointment of a member of any category of grade of service or a class of service to a higher category, grade, of such service or such class of service.
(27) Schedule: “Schedule” means the schedule to these rules.
(28) Scheduled Castes: “Scheduled Castes” mean the communities mentioned in Part- A of Schedule-I.
Explanation:
No person who professes a religion different from Hinduism shall be deemed a member of scheduled caste.
However, Scheduled Caste converts to Buddhism deemed to be Scheduled Caste.
(29) Scheduled Tribes: “Scheduled Tribes” means the communities mentioned in Part B of Schedule-I.
(30) Service: “Service” means a post or a group of posts or categories of posts classified by the State Government as State or Subordinate Service, as the case may be.
Provided that for the purpose of recruitment, probation and transfer, each class included in the Andhra Pradesh General Service and the Andhra Pradesh General Subordinate Service shall be regarded as a separate service.
Note:- Where the context so requires “Service” means the period during which a person holds a post in accordance with these rules, special or Ad-hoc rules except rule 10 or a lien on a post or is a member of a service as above denied.
(31) Special Rules: “Special Rules” mean the rules applicable to each service or class or category of a service, which include adhoc rules applicable to temporary posts in a service, or class or category, which are not covered by the special rules.
Explanation:
The words importing either gender in these or special rules shall be taken to include those of the other gender if circumstances so require.
3-(A) CONDITIONS OF SERVICE:-
The Fundamental Rules, the rules regulating the Scales of Pay, the Andhra Pradesh Civil Services (Conduct) Rules, Andhra Pradesh Civil Services (CCA) Rules 1991, The Andhra Pradesh Leave Rules, the Andhra Pradesh Government Life Insurance Fund Rules, the Andhra Pradesh Revised Pension Rules and any other Acts, Rules or Regulations enacted, issued or as may be issued by Government or other competent authority, for the time being in force in respect of the Service conditions, shall in so far as they may be applicable and except to the extent expressly provided in these rule, govern members of every service and pensions appointed to any post in any service, whether appointed regularly or on temporary basis. In the matter of their pay and allowances, leave, leave salary, Life Insurance, Pension and other conditions of Service.
Provided that;
(i) Where any such member has elected to be governed by the provisions of the Civil Services Regulations, those provisions shall apply to him.
(ii) save as otherwise expressly provided in the Special Rules nothing contained in this rule shall affect the operation of the provisions of Article 526 of the Civil Service Regulations or any other rule similar thereto, for the time being in force, relating to the fixation of pay of a member of a service who is in receipt of a military pension, and
(iii) a person appointed in a department performing functions entrusted to him under clause (1) of Article258 of the Constitution of India shall be governed in the matter of his leave and pension by the rules issued by the Central Government in that behalf;
Provided further that the said rules and regulations shall, in their application to the members of the Secretariat and the staff of the Governor, be construed as if the functions of the State Government under those rules and regulations were the functions of the Governor respectively;
Provided also, that a member of a service of the former Hyderabad Government allotted to the State of Andhra Pradesh, shall continue to be governed by such orders as may be applicable to him in the matter of pay, leave rules, the Andhra Pradesh Government Life Insurance Fund Rules, Pension and Provident Fund.
3-(B) APPLICATION OF RULES:-
Any rules made under the proviso to Article 309 of the Constitution of India in respect of any service or any class or category thereof shall be applicable to all persons holding the posts intended to be held by members of that service, class or category on the date on which such rules were made applicable.
Provided that nothing in any such rules shall, unless a contrary intention is expressly indicated therein, operate to deprive any such person of any right of privilege to which he is entitled by or under rule or order made applicable to him prior to the making of such rule.
4. METHOD OF APPOINTMENT:-
(a) Appointment to any service, class or category shall be by one or more of the methods indicated below as may be specified in the Special Rules applicable to the relevant post:-
1. Direct recruitment
2. Recruitment / Appointment by transfer
3. Promotion or
4. Contract / Agreement / Re-employment
(b) Direct Recruitment:- Where the normal method of recruitment to any service, class or category includes direct recruitment, the proportion in which the special rules may require vacancies to be filled by persons recruited direct shall be applicable to all substantive vacancies and direct recruitment shall be made only against the substantive vacancies.
Explanation:
(i) For the purpose of this rule, notwithstanding anything contained in these rules or special or adhoc rules, substantive vacancies shall mean all vacancies in the permanent cadre and all vacancies in the posts which have been in existence for more than 5 years.
(ii) The posts earmarked for direct recruitment in the Special Rules / Adhoc Rules shall be filled by direct recruits strictly and not be any other method.
(iii) In respect of posts in the State and Subordinate Service the percentage earmarked for direct recruitment should not fall short of 30%.
(iv) If the special rules specify more than one method of appointment, a provision shall be made in the special rules indicating the cycle or order in which vacancies shall be filled by such different methods of appointments.
(c) Re-allotment of candidates selected by the Public Service Commission:- The reallotment of candidates selected by the Andhra Pradesh Public Service Commission for appointment, from one unit to another unit, either in the same service and district / Zone or in any other service of district / Zone shall be made with the mutual consent of the appointing authorities concerned and with the prior concurrence of the Commission. The order of re-allotment shall be issued by the appointing authority to whose unit the candidate was first allotted by the Commission.
Provided that such re-allotment shall be strictly in conformity with the provisions of the Presidential Order.
5. SELECTION POSTS:-
(a) All first appointments to a State Service and all promotions / appointment by transfer in that service shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal, by the appointing authority as specified in the sub-rule (a) of rule 7 from the panel of candidates. Such panel shall be prepared as laid down in rule 6 by the appointing authority or any other authority empowered in this behalf.
(b) Non-Selection posts:- No non-gazetted post should be treated as selection post. Promotion and appointment by transfer to higher posts other than those mentioned in sub-rule (a) shall be made in accordance with seniority-cum-fitness, unless.
(i) Such promotion or appointment by transfer of a member has been withheld as a penalty; or
(ii) a member is given special promotion for conspicuous merit and ability.
6. METHOD OF PREPARATION OF PANELS:-
(a) The panel of approved candidates referred to in sub-rule (a) of rule-5 shall be prepared by the appointing authority or any other authority empowered in this behalf, in consultation with the Departmental Promotion Committee in respect of posts outside the purview of the Andhra Pradesh Public Service Commission and Screening Committee in respect of the posts within the purview of the Andhra Pradesh Public Service Commission to recommend the names to the Commission. The appointing authority shall make appointments of candidates from such panel/list, in the order in which the candidates in such panel are arranged in their order of preference.
(b) The panel of candidates for appointment by transfer to a service or a class of service in any case, where the Commission is not consulted on the suitability of a candidate for such appointment under sub-clause (b) of Clause (3) of Article 320 of the Constitution of India or for promotion, shall be prepared ordinarily during the months of September every year on the basis of estimate of vacancies sent in terms of sub-rule (d). First September of the year shall be reckoned as the qualifying date to determine the eligibility of a candidate for such appointment, which shall cease to be inforce on the afternoon of the 31st December of the succeeding year or till the next panel is prepared whichever is earlier and for the purpose of preparing the said panel, the zone of consideration shall be in the ratio of 1:3. The period from 1st September of the year to the 31st August of the succeeding year shall be reckoned for purpose of determining the number of vacancies during the panel.
Provided that if the number of candidates to be included in the panel falls short of the number of vacancies estimated such shortfall shall be made good by considering the claims of the other qualified and eligible candidates, if any, in the seniority list placed immediately below.
Provided further that the panel of candidates so prepared shall be reviewed after a period of six months reckoned from the date of approval of the panel, for the purpose of considering the cases of such other persons whose names were not included in the panel prepared earlier for not passing the prescribed tests or for not having special qualifications prescribed under the rules, if they have subsequently passed those tests or acquired the said qualifications and are otherwise found suitable for inclusion in the panel of the year. No such review of list of approved candidates shall, however, be undertaken where no tests or special qualifications are prescribed under the rules as condition precedent for promotion or appointment by transfer:
Provided also that no panel of candidates need be prepared:
(i) if vacancies are not available for the particular panel period subject to the appointing authority recording a certificate to that effect; or
(ii) where the appointing authority does not consider if necessary.
Provided also that the Government may order preparation of panel of candidates are frequently as may be necessary in exigencies of administration.
(c) The panel of candidates for promotion or appointment by transfer to a service or class of a service, in any case where it is necessary to consult the Commission on the suitability of candidates for such appointment shall be prepared ordinarily in the month of September every year reckoning 1st September of the year as the qualifying date to determine the eligibility of a candidate for such appointment, which shall cease to be in force on the afternoon of the 31st December of the succeeding year or till the next panel is prepared whichever is earlier. The period from first September of the year to 31st August of the succeeding year shall be reckoned for purpose of determining the number of vacancies during the panel.
(d) The panel of candidates under sub rule (b) or sub-rule (c) shall consist of such number of candidates as is equal to the number of vacancies which are estimated to arise on the following basis during the currency of that list::
(i) The existing vacancies, including the vacancies which were not filled up in the previous years for any reason:
(ii)
(1) vacancies to arise owing the retirement;
(2) consequential vacancies due to promotion or appointment by transfer.
Provided, that when the number of qualified and eligible candidates to be included in the panel of candidates is less than the number of vacancies estimated to arise during the currency of that list, such number of candidates eligible and found fit only shall be included in the panel irrespective of the number of vacancies.
(e) A panel of candidates shall also be prepared taking into account the vacancies not exceeding 10% of the total estimate of vacancies, ignoring fraction of less than half or 0.5 and rounding of fraction of ½ or more i.e. 0.5 and above to the next nearest number as reserve to fill up the vacancies likely to last for more than 2 months on account of:-
(i) deputation; (ii) training; (iii) long leave; or (iv) suspension
Provided also that the candidates kept in reserve in the approved list shall be not less than one, where the estimate of vacancies is five or less than five.
(f) inclusion of a candidate’s name in any panel of candidates for any State Service, class or category shall not confer on him any right for appointment to such service, class or category.
(g) The following persons shall be considered for inclusion in any panel prepared under sub-rules (b) and (c).
(i) Persons who are qualified on the qualifying date including those who had been including in the previous panel of approved candidates but who have not commenced their probation.
(ii) Persons who had not possessed the prescribed qualifications at the time of preparation of the previous panel, but who have since acquired such qualification and are qualified as on the qualifying date.
(iii) Persons who were qualified but were considered unsuitable for inclusion in the previous panel and who continue to possess the prescribed qualifications.
Explanation:
In considering the inclusion of persons, who had been included in the previous panel but who had not commenced their probation, in the current panel it shall not be necessary to carry forward their names without having regard to their relative merit and ability with reference to the relative merit and ability of other candidates coming up for fresh consideration. If such candidates are included in the current panel it shall not be necessary to arrange them in the same order in which they had been arranged in the previous panel.
(h) Persons included in more than one panel:-
Where a candidates’s name has been included in different panels of approved candidates for more than one service, the cadre controlling authority of the panel in which the candidate’s name is included, should intimate the cadre controlling authority of the other panel of the inclusion of the name of the candidatein the former panel and it shall be the duty of the cadre controlling authority of the parent cadre to intimate the inclusion of the candidate’s name to such other cadre controlling authority, if any, in whose panel the same candidate’s name had been sponsored for inclusion by the cadre controlling authority, of the parent cadre. The cadre controlling authority of the parent cadre shall require the candidate to initiate the service to which the candidate wishes to be appointed. On receipt of such intimation, the cadre controlling authority of the parent cadre shall inform the other cadre controlling authorities and such candidate’s name shall be removed by such cadre controlling authority from the panel or panels of approved candidates for such service or services to which the candidate does not wish to be appointed.
(i) Non Selection Posts:
For non selection posts referred to in sub rule (b) of rule 5 the appointing authority shall prepare a list of eligible employees every year i.e. from first September of the year to 31st August of the succeeding year after considering the record sheet and the qualifications prescribed for the said post in the relevant Special rules for promotion to next higher category of non selection post.
7. APPOINTING AUTHORITY:
State Service: Unless otherwise stated in the
Special Rules, the regional officer shall be the appointing authority in
respect of the initial categories of Gazetted posts in a State Service where
regional offices exists; and the Head of the Depa11ment shall be the appointing
authority for the second level Gazetted posts in a State Service as well as in
respect of the initial categories of Gazetted posts in a State Service where no
regional offices exists; and the Government shall be the appointing authority
for the third level Gazetted posts and above in the State Service - Substituted by
GO.Ms.No.401 ,G.A. (Ser.D) Dt. 30-9-1999.
8. ELIGIBILITY FOR PROMOTION OR APPOINTMENT BY TRANSFER:
For Appointment to a higher post either by promotion from one category to another with a service or by appointment by transfer from one service to an other service, a member of a service or class of a service, shall have satisfactorily completed his probation in the category from which he is proposed to be promoted or appointed by transfer to such higher post.
9. APPOINTMENT BY AGREEMENT OR CONTRACT:
(a)
(i) Notwithstanding anything contained in these rules or special rules it shall be open to the State Government to make appointment to any post in a service class or category, otherwise than in accordance with these rules or special rules and to provide by agreement or contract with the person(s) so appointed, for any of the matters in respect of which, in the opinion of the State Government, special provisions are required to be made and to the extent to which such provisions are made in the agreement or contract, nothing in these rules or the special rules shall apply to any person so appointed in respect of any matter for which the provision is made in the agreement or contract;
Provided that in every agreement or contract made in exercise of the powers conferred by these rules, it shall further be provided that in respect of any matter in which no provision has been made in the agreement or contract, provisions of these rules or special rules relatable to the post shall apply.
(ii) The agreement or contract may inter-alia include provisions in respect of conditions of service, pay and allowances, discipline, contract period of appointment notice period for termination of appointment by either party and other relevant matters.
(iii) The Government may, by order, prescribe the form of such agreement or contract.
(b) A person appointed under sub-rule (a) shall not be regarded as a member of the service, in which the post to which he is appointed, is included and shall not be entitled by reason only of such appointment to any preferential right to any other appointment in that or in any other service.
(10) TEMPORARY APPOINTMENT INCLUDING APPOINTMENTS BY DIRECT RECRUITMENT, RECRUITMENT / APPOINTMENT BY TRANSFER OR BY PROMOTION:
(a) Where it is necessary in the public interest to fill emergently a vacancy in a post borne on the cadre of a service, class or category and if the filling of such vacancy in accordance with the rules is likely to result in undue delay the appointing authority may appointing a person temporarily, otherwise than in accordance with the said rules, either by direct recruitment or by promotion or by appointment by transfer, as may be specified as the method of appointment in respect of the post, in the special rules.
(b) No appointment under sub-rule (a) shall be made of a person who does not possess the qualifications, if any, prescribed for the said service, class or category.
Provided that where, in the exigencies of service and where persons with the prescribed qualifications are not available, a person who may not possess all or some of the prescribed qualifications may be appointed on temporary basis. Every such person who does not possess such qualifications and who has been or is appointed under sub- rule(a) shall be replaced as soon as possible, by a person possessing such qualifications.
(c) A person appointed under sub-rule (a) shall not be regarded as a probationer in such service, class or category or be entitled by reason only of such appointment to any preferential claim to future appointments to such service, class or category.
(d) A person temporarily appointed under sub-rule (a) shall, whether or not he possesses the qualifications prescribed for the service, class or category to which he is appointed, be replaced as soon as possible by the member of the service, who is entitled to the appointment under the rules.
(e) The appointing authority shall have the right to terminate the service of a person who has been appointed under sub-rule (a), at any time, without assigning any reason and without any notice if appointed by direct recruitment revert to a lower category or grade, if promoted, or revert to the post from which such appointment by transfer was made, if appointed by transfer.
(f) A person appointed to any part-time post, created in lieu of a whole time post borne on the cadre of a service, class or category shall not be regarded as a probationer in such service nor shall be entitled by reason only of such appointment to any preferential claim to future appointment to such service, class or category.
(g) No person appointed under sub-rule(a) shall be eligible to an increment in the time scale of pay applicable to him, unless he possess the test, complete the training or acquires the qualifications prescribed in the Special Rules, as a condition for the grant of increment to a member of the service class or category.
(h) The practice of making incharge arrangements on own scale of pay of the incumbent concerned is totally prohibited and whenever filling up of vacant posts is considered expedient in the exigencies of administration, action may be taken to fill the post following the relevant Special / Adhoc Rules, duly placing the proposals before the DPC/APPSC as the case may be or by making full additional charge arrangements as provided for in the Fundamental Rules.
(i) Temporary posts requiring special qualifications
Notwithstanding anything contained in these rules or special rules, if and when, a temporary post is created as an addition to the cadre of any service, class or category and the holder thereof is required by the State Government to possess any special qualifications, knowledge or experience, any person who possesses such qualifications, knowledge or experience and who is considered to be most suitable person to discharge the duties, of such post may, irrespective of other considerations, be appointed temporarily to that post by the appointing authority; but the person so appointed shall not, by reason only of such appointment, be regarded as a probationer in such-service, class or category nor shall be acquire thereby any preferential right to future appointment to such service, class or category.
11. THE LIMIT FOR JOINING EITHER ON FIRST SELECTION OR ON PROMOTION OR ON APPOINTMEN BY TRANSFER:-
(a) Direct recruitment: A candidate selected for appointment by direct recruitment either through the Andhra Pradesh Public Service Commission or through any other agency, shall be required by the appointing authority to join in the post for which he has been selected within a period of 45 days taking the date of despatch (by registered post with acknowledgement due) of the appointment order as crucial date for reckoning the time limit. If he does not join the post within the stipulated period of 45 days, the offer of appointment shall be treated as automatically cancelled and the name of the candidate shall be deemed to have been omitted from the list of approved candidates.
(b) Time to join a post an appointment, shall be allowed a joining time of 30 days, other wise than by direct recruitment, shall be allowed a joining time of 30 days from the date of receipt of the order of appointment sent to the candidate by Registered Post with acknowledgement due or by any other means. Where a person fails to join the new post to which he is appointed within the said time limit or evades to join the post by proceeding on leave, he shall forfeit his right of appointment both for the present and in future for the post.
12. QUALIFICATIONS FOR DIRECT RECRUITMENT:
(i) (a) No person shall be eligible for appointment to any service by direct recruitment unless he satisfies the selection authority as well as the appointing authority, that;
(i) he is of sound health, active habits and free from any bodily defect or infirmity rendering him unfit for such service.
(ii) his character and antecedents are such as to qualify him for such service;
(iv) he is a citizen of India;
Provided that no candidate other than a citizen of India may be appointed except with the previous sanction of the State Government and except in accordance with such conditions and restrictions as they may be laid down. Such sanction shall not be accorded unless the State Government are satisfied that sufficient number of citizens of India, who are qualified and suitable are not available.
(v) No person shall be eligible for direct recruitment if he is less than 18 years of age and unless otherwise specified in the special or adhoc rules and if he is more than 28 years of age as on the 1st day of July of the year in which the notification for selection to the relevant post, category or class or a service is made.
Provided that nothing in this sub-rule shall apply for direct recruitment to all the categories and posts in the Andhra Pradesh Police Subordinate Service and in the Andhra Pradesh Special Armed Police Service.
(b) The maximum age limit prescribed in the Special Rules for direct recruitment to a post shall be raised:-
(i) Uniformly by 5 years in the case of candidates belonging to the S.Cs or S.Ts or B.Cs specified in Schedule-I of these rules:
Provided that his age concession in the case of BCs shall not exceed 40 years.
N.B: The age concession in favour of B.Cs will be in force for 10 years from 23rd September, 1990:
(vide G.O.Ms.No.311 G.A.(Ser.D) dt. 24.4.91)
Provided also that in the case of S.Cs and S.Ts., the maximum age limit prescribed for other communities in the Special rules shall be raised uniformly by 10 years for the purpose of limited direct recruitment, subject to the condition that it does not exceed 45 years:
(ii) Uniformly by 10 years in the case of Physically handicapped persons;
N.B.: This concession shall be inforce during the period between 28th March, 1967 and 22nd September, 2000. (vide G.O.Ms.No.311 G.A.(Ser.D) dt. 24.4.91)
(iii) In the case of widows, divorced women and women judicially separated from their husbands, who are not remarried, the maximum age limit for direct recruitment to posts carrying a scale of pay equal to Junior Assistants or less, shall not exceed 40 years in the case of S.Cs and S.Ts candidates and 35 years in the case of others.
(c) When the direct recruitment is to be made to any State or Subordinate Service by examination or Selection:
(i) a person who worked in the armed forces of the Indian Union, shall be allowed to deduct from his age a period of three years in addition to the length of service rendered by him in the armed forces for purposes of the maximum age limit;
(ii) a person who was recruited as a whole-time cadet Corpse Instructor on or after the 1st January, 1963 on his discharge from the NCC either before or after the expiry of the initial or extended tenure of his office in NCC having served for a period of not less than six months prior to his release from the NCC shall, subject to the production of a certificate to the effect that he has been released from the NCC be allowed to deduct from his age a period of three years in addition to the length of service rendered by him in the NCC for purposes of maximum age limit;
Provided that the person referred to in sub-rules (i) and (II) above shall, after making the deductions referred on in the sub-rules shall not exceed the maximum age limit prescribed for the post.
(iii) a person already in service of State Government who has been appointed regularly shall be allowed to deduct from his age the length of regular service under the State Government upto a maximum of five years for purposes of the maximum age limit and in the case of a person who has rendered minimum temporary service of six months in the census department (Organisation) of this State and who has been retrenched during 1991 shall be allowed to deduct from his age a period of three years for purpose of computing the maximum age limit.
(2) The minimum General Educational qualifications wherever referred to, in these or special rules shall be the qualifications prescribed in Schedule-II of these rules.
(3)
(a) A candidate should possess the academic qualifications and experience including practical experience prescribed, if any, for the post, at the time or on the date on which the selection process commences, for direct recruitment i.e., to say, the first date on which the examination (Written) or where such written examination is not there, the first date on which the interview for selection takes place.
(b) No person shall be eligible for appointment to a post by promotion or appointment by transfer unless he possesses the academic qualifications and technical or other qualification and has passed the departmental and other tests and has satisfactorily completed any course or training prescribed in the special rules as a prerequisite qualification, for the post, to which he is to be appointed by promotion or by transfer.
(4) Disqualification for appointment:-
(a) A candidate shall be disqualified for appointment if he himself or through relations or friends or any others has canvassed or endeavoured to enlist for his candidature extraneous support, whether from official and non-official sources for appointment to any State or Subordinate Service.
(b) No person who has more than one wife living or who has spouse living, marries in any case, in which such marriage is void by reason of its taking place during the life time of such spouse, shall be eligible for appointment by direct recruitment to any State or Subordinate Service.
(c) No Woman whose marriage is void by reason of the husband having a wife living at the time of such marriage or who has married a person who has a wife living at the time of such marriage, shall be eligible for appointment by direct recruitment to any State or Subordinate Service.
(d) No person who has been dismissed from a State or Central Government undertaking or local or other authorities or who has been convinced by a court of law for an offence involving moral turpitude shall be eligible for appointment to any State or Subordinate Service.
13. LANGUAGE TEST IN TELUGU:
(a) Every person appointed to a service, that within the period of probation, pass the Language test in Telugu, failing which his probation shall be extended and increments in the time scale of pay shall be postponed without cumulative effect till he passes the test.
Provided that a person who was appointed to a service but who has not passed the Language Test in Telugu shall be allowed time to pass the said test upto 31-12-1997 or till the expiry of a total period of 3 years from the date of his appointment whichever is later, by extending the period of probation:
Provided further that a person, who has completed the age of 45 years or who has been on deputation in this State from any other State or from the Government of India, or who being an officer of the erstwhile Government of Hyderabad has passed the language test in Telugu or has been exempted from passing the said test by virtue of his having passed an examination of equivalent standard in that language test under the Hyderabad Regional Language Examination Rules or who is holding a post for which no educational qualification is prescribed for initial recruitment, shall not be required to pass the language test aforesaid:
Provided also that a person who is exempted from passing the language test in telugu on reaching the age of 45 years, but the pay to which such person is entitled to draw after reaching the age of 45 years shall be the pay which he would have been eligible to, without arrears, had the language test in Telugu not been prescribed at all and the increments not postponed.
(b) The standard of the test referred to in sub-rule (a), above shall be a pass in the Second (Class) Language Test in Telugu for holders of the posts for which the educational qualification prescribed is the minimum General Educational Qualification referred to in the schedule to rule 12(2), or equivalent or higher academic qualification and a pass is the Third Class Language Test in Telugu for all others.
14. LANGUAGE TEST – EXEMPTION:
(a) A person who has passed the SSC or its equivalent examination or any other higher examination with Telugu as the medium of instructions and examination or with Telugu as one of the subjects, shall be exempted from passing the 2nd class language test in Telugu.
(b) A person who has passed the 7th or 8th Class Examination with Telugu as a subject or medium of instruction shall be exempted from passing the 3rd class Telugu Language Test.
(c) A person who has crossed the age of 45 years.
(d) Other Linguistic qualification:-
(i) If in the opinion of an appointing authority, a candidate with an adequate knowledge of a particular language or languages is necessary for holding a specified post in any service, class or category, it may declare that such post, specified post in the declaration, is reserved for a candidate with such knowledge. When such a declaration has been made, the required number of qualified candidates who possess such knowledge shall be selected in preference to those who do not possess it and notwithstanding anything contained in these rules but without prejudice to the rule of reservation of appointments, any such post shall be filled only by a member of the service or an approved candidate who possesses such knowledge.
(ii) The State Government shall have power to declare that any proportion of posts in any service, class or category for which recruitment is made at the same time, shall be filled by candidates with an adequate knowledge of a particular language or languages and when such a declaration has been made, the rule of reservation of appointments shall apply separately in regard to the proportion of posts in respect of which such a declaration has been made.
Explanation:-
For the purpose of this rule a candidate will be considered to have adequate knowledge of the particular language, if he has acquired knowledge of that language in the High School or higher courses, or satisfies the appointing authority that he has adequate knowledge in speaking, reading and writing in that language.
15.
(a) Time to pass newly prescribed Tests:-
Where a test is newly prescribed by the special rules of a service for any class, category, or post thereof, a member of the service who has not passed the said test, but is otherwise qualified and suitable for promotion to such category or post may be promoted thereto and he shall be required to pass the said test or tests within the period of probation or within one year or in one of the first two examinations held after such promotion, whichever is later. If he fails to pass the tests he shall be reverted to the class, category, or post from which he was promoted and he shall not again be eligible for consideration for promotion unless he passes the tests.
A person who is so reverted shall not by reason only of his promotion under this rule, be regarded as entitled to any preferential claim to future promotion to the category, grade or post, as the case may be, to which he had been promoted under this rule.
Explanation:
This rule shall be applicable even to appointment by transfer in the direct line, for example, for appointment by transfer of Superintendents to the post of Assistant Director (Administration), for appointment to which the passing of departmental tests has been newly prescribed as a pre-requisite qualification.
Note: This concession will be available only for a period of three years from the date on which the test has been newly prescribed.
(b) Concessions regarding passing of Tests and Examinations on grounds of age:-
Notwithstanding anything contained in these rules or in the Special rules, except the Andhra Pradesh Treasuries and Accounts Service Rules, Andhra Pradesh Treasuries and Accounts Subordinate Service Rules, Andhra Pradesh Pay and Accounts Service Rules, Andhra Pradesh Pay and Accounts Subordinate Service Rules, Andhra Pradesh Local Fund Audit Service Rules and Andhra Pradesh Local Fund Audit Subordinate Service Rules:-
(i) Where no tests have been prescribed in the Hyderabad Cadre and Recruitment Rules for promotion, an employee of the erstwhile Government of Hyderabad allotted to the State of Andhra Pradesh under section 115 of the States Reorganisation Act, 1956 Central Act 37 of 1956 need not pass the tests prescribed for promotion or recruitment by transfer on or after the 1st November 2956, to a post one stage above that held by him Prior to the said date. The employee so promoted shall not be affected either by reversion or by stoppage of increment for failure to pass such test.
(ii) Where tests have been prescribed in the Hyderabad Cadre and Recruitment Rules, as a condition precedent for promotion, an employee of the erstwhile Government of Hyderabad referred to in clause (i) may be appointed by transfer or promotion to a post one stage above that held by him prior to the 1st November, 1956, subject to his passing the common departmental tests prescribed by the Government of Andhra Pradesh within four years from the date of such appointment by transfer or promotion, whichever is later, except where a longer period than four years has already been allowed to all;
Provided that such an employee, on completion of the age of 45 years, shall not be required to pass tests referred to in this clause; either for the first stage promotion or for appointment by transfer or promotion to a post which is second or subsequent stage above that held by him prior to the said date.
(c) The provisions in sub-rule(b) shall mutatis mutandis apply to an employee of the former Andhra State continuing in Andhra Pradesh for his appointment by transfer or promotion to a post above the one held by him prior to the 1st November, 1956, where:-
(i) new tests are prescribed in the Andhra Pradesh State after the said date for appointment by transfer for promotion to such posts:
Provided that such employee, who on completion of the age of 45 years is not required to pass the tests for his appointment by transfer or promotion to a post above the one held by him prior to the said date, need not pass the same test if prescribed for appointment by transfer or promotion to a post above the one held by him prior to the same date, need not pass the same test if prescribed for appointment by transfer or promotion to a post which is second or subsequent stage above the one held by him prior to the said date.
Explanation: Sub-rule(b) shall be inforce till 31-10-1996.
16.
(a) Commencement of Probation for Direct Recruits:
A person appointed in accordance with the rules, otherwise than under rule 10, by direct recruitment shall commence his probation from the date of his joining the duty or from such other date as may be specified by the appointing authority:
Provided that a person having been appointed temporarily under rule-10 to a post in any service, class or category or having been so appointed otherwise than in accordance with the rules governing appointment to such post, is subsequently appointed to the same post, in the same service or class or category, in the same unit of appointment, in accordance with the rules, shall commence his probation from the date of such subsequent appointment or from such earlier date as the appointing authority may determine, subject to the condition that his commencement of probation from an earlier date shall not adversely affect any person who has been appointed earlier or simultaneously, to the same service, class or category in the same unit.
(b) Minimum service for commencement of probation:
A person appointed to a service, class or category, in accordance with the rules, otherwise than by direct recruitment, shall, if he is required to be on probation in such service, class or category, be deemed to have commenced his probation in such service, class or category from the date from which he has been continuously on duty in such service, class or category for a period of not less than 60 days from the date of joining duty after having been appointed to such service, class or category on regular basis in accordance with rules:
Provided that this rule shall not apply to a person appointed to a post in a service, class or category whose appointment is made in consultation with the Andhra Pradesh Public Service Commission or D.P.C or any other agency for requirement specified by Government.
(c) Period of Probation:
Unless otherwise stated in the special rules or in these rules, the period of probation shall be as follows:
(i) Every person appointed by direct recruitment to any post shall, from the date on which he commences his probation be on probation for a period of two years on duty within a continuous period of three years.