GOVERNMENT OF ANDHRA
PRADESH
EXTREMIST VIOLENCE - Relief to the victims in extremist violence - Providing
employment to a family member of any person killed in extremist violence -
Authorization to District Collectors to grant relaxation of age - Withdrawn -
Orders - Issued.
GENERAL ADMINISTRATION (S.C-A) DEPARTMENT
G.O.Ms.No: 295 Dated:02-06-2011
Read the following:
1. G.O.Ms.No. 469,
G.A. (S.C-A) Department, dt. 8.11.1996.
2. G.O.Ms.No. 76,
G.A. (S.C-A) Department, dt. 4.3.1998.
ORDER:
In the G.O. first read above, orders were issued among other things, delegating the power to relax the age to the Dist. Collectors with a view to provide employment to the dependents of victims of extremist violence.
2. Subsequently, it was noticed that a blank authorization was granted to the Collectors for relaxing the age on case-to-case basis and that a minor dependent should not be considered for providing employment under social security scheme as there could not be any contractual obligation between the Govt. and employee, who was a minor. Hence, Govt. decided that in case the dependent happened to be a minor, he could seek relief within a reasonable time which would be two years from the date of demise of bread winner as stipulated in Govt. Memo. No.618/Ser.A/78- 11, GAD., Dt.17.12.1979 and issued orders accordingly in the G.O. second read above. It was also ordered therein that if the spouse of the deceased was seeking compassionate appointment, the upper age can be relaxed as contemplated in Govt. Memo. No.1094/Ser.A/92-l, GeneralAdministration Department, dt.23.12.1992.
3. But, instances have come to the notice of Govt. that the powers delegated to the Dist. Collectors in the G.O. first read above, are misinterpreted in certain cases in spite of specific contrary orders, whereas the compassionate appointments are governed by the policy enunciated in the above Govt. Memos. and the State and Subordinate Service Rules, 1996.
4. According to Rule 12 of the AP. State and Subordinate Service Rules, 1996, 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 34 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. Further, according to Rule 31 of the said rules, Govt. have the power to relax any rules contained in these rules or special rules. As per Rule 32 of the said rules, Head of the Department has power to relax any rule or rules in these rules or in the Special rules in favour of any person or class of persons or category of persons for being appointed to any civil post or posts carrying a scale of pay less than that of a junior Assistant in his department. Therefore, the authorization given to Collectors to grant relaxation of age on case-to-case basis in the G.O. read above is contrary to the above rule position.
5. In the light of the above rule position and in view of the instances that have come to the notice of Govt., it has been decided to withdraw the authorization given to Dist. Collectors to grant relaxation of age. Accordingly, the following sentence at para 3 of the G.O. first read above is hereby omitted: -
"The Collectors are also authorized to grant relaxation of age on case-to-case basis."
(By order and in the name of the Governor of Andhra
Pradesh)
