GOVERNMENT OF ANDHRA
PRADESH
Ind. & Com. Dept. - Regularization of the services of erstwhile
Hyderabad Allwyn Limited redeployed employees into Govt., Departments, by allowing
seniority, considering the qualification, eligibility for holding the
respective equivalent post / cadre in the Departments, on par with the regular
Government Servants with all consequential benefits from the date of deployment
where they are presently positioned as per orders of Hon'ble A.P.A.T., in
O.A.Nos.6243/2004 and batch dated 12.9.2008 - Orders- Issued.
G.O.MS.No. 77 Dated:26.02.2009
Read the following:
1. G.O.Ms.No. 87,
Ind. & Com (IFR.II) Dept., dt. 24.03.2003
2. G.O.Ms.No. 337,
Ind. & Com (IFR.II) Dept., dt. 17.11.2003
3. A.P.A.T, Hyderabad
orders in O.A.No.6243/2004 and batch, dt. 12.09.2008
ORDER:
In the reference first read above, orders have been issued formulating the special scale for the redeployed workmen of erstwhile Hyderabad Allwyn Limited considering the report of the committee of officers and the modifications suggested by the Cabinet Sub-committee on services, in pursuance of orders of the Hon'ble Supreme Court of India dated:18.09.2001 in Civil Appeal No.6734 - 6745 of 2000 and others.
2. In the reference second read above, the Govt. after due consideration have issued guidelines in regard to applicability of the appropriate pay scales in respect of the workmen of the erstwhile Hyderabad Allwyn Limited.
3. Aggrieved by the orders issued in the reference first and second read above, certain redeployed employees of Hyderabad Allwyn Limited have filed O.A.No.6243/2004 and batch challenging the following paras of the orders issued in G.O. first read above: Para 10 (2) , 10 (3), 10 (4) (a), 10 (4) (b}, 10 (5), 10 (6), 10 (7), 10 (8) and following para Number of orders issued in G.O. second read above Para 4 {l}, 4 (2), 4(5), 4 (8), 4 (11), 4 (12), 4 (13).
4. In the reference third read above, while setting aside the above paras the AP.AT., has directed the first respondent i.e., Secretary to Govt., Industries and Commerce Department to treat all these employees as regular Government Servants and extend all the benefits to which they are eligible just like other regular Government Servants with all consequential benefits.
5. Representations have also been received from such of those employees working against the supernumerary posts created stating that they are discharging the duties attached to them in the Government Departments, to which they were attached on par with other regular employees in those Departments and drawing, however the scales of pay originally sanctioned for the supernumerary posts, that they have put in more than 15 years of service in the same status without knowing their future and that they may be declared as Government employees and on that basis they may be placed on probation from the date of their joining duty in the respective Government Departments against the supernumerary posts.
6. The said representations have been examined by the
Government, keeping in view the orders of AP.AT in O.A.No.6243 of 2004 and
batch dated:12.09.2008 and it was decided to accept the said decision of the AP.AT.
Accordingly following orders are issued:
(a)
Consequent upon the winding up of the Hyderabad Alwyn Limited and such of the
employees appointed in various Government Departments/ Offices against the
supernumerary posts on and from 03.05.1993 be treated as AP. State Government
Employees on par with employees working in such equivalent categories in those
Departments.
(b)
The order in item (a) above shall be subject to the fulfilment of qualifications
prescribed in the special rules for such equivalent post in Government
Departments subject to however not' insisting upon the maximum age
qualification prescribed for each such category of posts on and from 3.5.1993.
(c)
The employees now absorbed on and from 3.5.1993 against supernumerary posts
created shall be adjusted in _the -next last regular vacancies that may arise
on or after 3.5.1993 in the respective Department, duly abolishing the
supernumerary posts created on that basis.
(d)
On such absorption, if any special rule provides passing of departmental
tests/trainings, the employee now considered to be absorbed, be asked to pass
such tests/trainings within a period of 2 years from the date of issue of this
order.
(e)
On such absorption, subject to qualifications these employees, who are eligible
for inclusion of their names in the list of cadre strength/seniority list of
each category shall be below the last regular candidate already appointed by
the respective Departments, as on 3.5.1993 and on that basis they are entitled
for promotion to higher post, as per rules, subject to however giving show
cause notice to those employees who likely to be affected.
(f)
To the above extent, if any posts are within the purview of APPSC for making
direct recruitment separate orders will be issued by General Administration
(Ser.A) Department for keeping such posts outside the purview of APPSC, for
this purpose, to the extent required. The Heads of Departments concerned and Departments
of Secretariat under whom the redeployed employees are working shall furnish
full information to General Administration (Ser.A) Department and the
Secretary, APPSC directly for further action at their end in consultation with Finance
Department wherever required.
(g)
In respect of redeployed employees working on consolidated pay basis, they be
considered for absorption in any of the categories identified in the A.P. Last
Grade Service Rules on and from 3.5.1993
(h) The absorption now ordered will not attract the provisions contained in Act 2/1994.
7. The above orders are subject to outcome of any OAs/ WPs pending in Hon'ble A.P.A.T./Hon'ble High Court of Andhra Pradesh.
8. All Heads of Departments and Departments of Secretariat shall take immediate further action in this regard.
9. This order issues with the concurrence of Public Enterprises Department vide their U.O.No.3131/ PE.III/Al/2008-1, dt.22.12.2008 and Finance Department, U.O.No.3560/53/Al/PC.III/2009, dt. 05.02.2009.
(By order and in the name of the Governor of Andhra Pradesh)
