GO.Ms.No:297, Dt:14-10-1996 | Fundamental Rules - Amendemnt to Rule - 22

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public Services - Direct recruits - Protection of pay on appointment to another post under the Government on selection by A.P.P.S.C. - Amendment to FR. 22 - incorporation of proviso - Orders - Issued.

FINANCE AND PLANNING (FW. FR.II) DEPARTMENT

G.O.Ms.No.297                                                                                                           Dated:14-10-1996 

       Read the following: -

1. G.O.Ms.No. 213, Fin. & Plg. (FW. FR.II) Dept., dated 19-7-1983.

2. Memo No. 24555/788/FR. II/84- I. dated 5-10-1984.

3. Judgement of A.P.A.T. dated 18-9-1988 in R.P. No.5132/87.

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ORDER

In the Government Order read above orders were issued inserting a subclause (iv) in clause (a) of rule 22 of the Fundamental Rules providing a benefit of fixation of pay of a regular Government employee (not appointed under the emergency provisions) when appointed directly to another post under the Government on selection by Andhra Pradesh Public Service Commission in the new post at a stage which is not lower than the pay drawn by him in the earlier post.

2. In the Memo second read above clarificatory instructions were issued allowing the fixation of pay on appointment to another post under Government service on selection by Andhra Pradesh Public Service Commission at the minimum of the scale attached to the new post. If the pay so fixed happens to be less than the pay drawn from the previous post, then the short fall may be protected as personal pay to be absorbed in future increases in pay.

3. Aggrieved by the above method of fixation (as clarified in the Memo. 2nd read above one of the employees has approacl1ed the Andhra Pradesh Administrative Tribunal in the y ear 1987 and filed R.P.No.5132. The Tribunal in its Judgement dated 18-9-1988 in the said R.P. had observed that the Memo second read above is only an executive order or an administrative proceeding and it cannot prevail over the statutory rule introduced through the Government Order first read above.

4. The directions of Tribunal were examined in detail in consultation with Law Department. The Government after careful examination has decided to bring the contents of the Memo. No. 24555/788/FR.II/84-1. dated 5-10-1984 as a proviso to sub-clause (iv) in clause (a) and rule 22 of the Fundamental Rules with some modification. Accordingly, it has been decided to amend the Fundamental Rules suitably.

5. The following notification will be published in the Andhra Pradesh Gazelle:

NOTIFICATION

In exercise of the powers conferred by sub-section (1) of section 3 of the Andhra Pradesh Public Employment (Regulation of Conditions of Service) ordinance, 1983 (Andhra Pradesh Ordinance No. 5 of 1983), the Governor of Andhra Pradesh hereby makes the following amendment to the Fundamental Rules: 

AMENDMENT

In rule 22 or the said rules, in clause (a) after sub-clause (iv), the following proviso shall be added, namely

“Provided, that if there is no stage in the pay scale of the new post, the pay shall be fixed in the new post, at the stage next below the pay protecting the short fall, if any, as personal pay to be absorbed in future rise in pay on account or grant or increment or otherwise.

Provided further that this benefit shall be confined to the Government employees only. The employees working in Central Government, Universities, Aided Institutions etc., who are appointed to the Government Service on selection by the Andhra Pradesh Public Service Commission or Dist. Selection Committee are not eligible for the benefit provided under sub-clause (iv) of this rule." 

(By order and in the Name of the Governor of Andhra Pradesh)

 

C.S. RAO

Principal Secretary to Government

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