Memo.No:8, Dt:18-01-1984

GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES.A) DEPARTMENT
 
Memo No.8/Ser.A/84-1                                                                                                   Dated.18-1-1984
 

Sub: PUBLIC SERVICES - Temporary relinquishment or promotion under General Rule 45 - Certain instructions - Issued.

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Rule 45 of the General Rules for Andhra Pradesh State and Subordinate Service Rule, lays down that nothing contained in the said rules or the Special rules, shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished. The expression " to the extent to which it has been so relinquished "occurring in the said rules admits of a temporary relinquishment of any right. If any individual had temporarily relinquished his right, it cannot be said that his right for promotion is permanently extinguished. There is, therefore, no legal objection to consider him for promotion subsequently. But any promotion subsequently made, will not give him any right for seniority over the persons who have been promoted in the meantime during the period when the temporary relinquishment was in force.

 
2. Instances have come to the notice of Government that this provision is being put to misuse and some persons are relinquishing their right of promotion "temporarily" on domestic grounds and coming up again with a request to re-consider their case for promotion as and when it is convenient for them. In order to curb this tendency, it has been decided that in future when anyone seeks to relinquish such right temporarily, General Rule 45 shall be invoked and a view taken that such relinquishment "temporarily" is opposed to public interest and, therefore, not acceptable.

3. All the Departments of Secretariat and Head of Departments are requested to follow the above instructions scrupulously.

G.V. RAMAKRISHNA
Chief Secretary to Government

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