GOVERNMENT OF ANDHRA
PRADESH
G.O.Ms.No.225 Dated:18-05-1999.
Read the following:
1. G.O.Ms.No.165,
G.A. (Ser.C) Dept. dt.22-4-1997.
2.
Cir.Memo.No.49152/Ser.C/97, G.A. (Ser.C) Dept. dt.28-7-1997.
3.
Cir.Memo.No.10922/Ser.C/98, G.A. (Ser.C) Dept. dt.26-3-1998.
4. U.O.Note
No.37275/Ser.C/98, G.A. (Ser.C) Dept. dt.22-7-1998.
5. From the
Secretary, APPSC., Lr. No.1036/RR/2/99, dt.13-5-1999.
In the reference first read above an adhoc rule was issued as follows:
In the references second to fourth read above clarifications were issued on the applicability of the adhoc rule.
2. The policy of the Government enunciated in the adhoc rule, is to exempt the employees from passing of the departmental tests/special tests, in respect of those who crossed 45 years of age, for the purpose of promotion/appointment by transfer to the immediate next higher post, above the one held by the employee if the employee could not pass the same. This concession was to consider the employee for only one promotion after initial appointment to public service, taking into consideration the fact that the individual inspite of his or her best efforts to qualify himself or herself, could not pass the same owing any personal reasons.
3. Certain employees have challenged the adhoc rule and the clarifications thereon in the court of Law. The Andhra Pradesh Administrative Tribunal in its directions in O.A.No.7612/1998 referred to the Judgement of the High Court of Andhra Pradesh and observed as follows:
"The petitioners before the High Court in WP No.26310/ 98 also got promotions from the category of LDCs to the category of Superintendents and the High Court directed that their cases should be considered for further promotion to the post of Assistant Registrar/ Assistant Controller / Administrative Officer. Though the High Court has not specifically considered the legality of the clarification at Sl.No.5 in Memo.No.10922/Ser.C/98, dated 26-3-1998 when it was contended that the petitioners in the Writ Petition are not entitled for exemption from passing Accounts test as they were promoted earlier as Superintendents even though they did not pass Accounts Test, the High Court observed as follows:
"The argument, that petitioners were promoted to posts of Superintendents though they did not pass the Accounts Test and are not entitled to promotion to next stage, is also without merit. The Promotion to the post of Superintendent was on basis of proceedings dated 27-12-1989, which confined promotion only to one stage. The petitioners are seeking benefit now of G.O.Ms.No.165, dated 22-4-1997. This is independent of proceedings dated 27-12-1989. The G.O. does not exclude employee who had received benefit of proceedings of 1989. Hence the argument cannot be accepted.
The aforesaid observations show that, even Persons who have got promotions earlier in the service are entitled for getting promotion to one higher post in terms of adhoc rule issued in G.O.Ms.No.165,G.A.D. dated 22-4-1997.
4. Keeping in view of the above observations, it is decided to omit the wording "if they could not pass the same occurring in the adhoc rule and to recast the adhoc rule to be clear and specific in depicting the policy of the Government. Accordingly, the following notification is issued.
5. The adhoc rule here by made shall be deemed to have come into force with effect from 22nd April 1997.
NOTIFICATION
ADHOC RULE
Provided further that the exemption is applicable in case of departmental tests or special tests only, where they are prescribed as a pre-requisite for promotion and this exemption shall not be applicable where like technical or academic qualifications are prescribed for promotion to the next higher category of posts.
Provided also that the exemption shall not be applicable for declaration of probation, where passing of departmental tests or special tests is a pre-condition for declaration of probation.
(By order and in the name of the Governor of Andhra
Pradesh)
N.V.H. SASTRY
