GOVERNMENT OF ANDHRA
PRADESH
GENERAL ADMINISTRATION
(Ser-B) DEPARTMENT
Memo No. 276/Ser. B/80-3 Dated: 11-3-1980
Sub:
Public Services -Andhra Pradesh Secretariat Service - Andhra Ministerial Service
-Appointment of candidates selected by Andhra Pradesh Public Service Commission
through normal competitive examinations and S.Q.T. - Regularisation or services
- Reg.
Ref:
Govt. Memo. No.1806/Scr.B/79-2. dated 25-1-1979.
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In the Memo. Cited, instructions were issued to the
effect that the aspect or regularisation of the services and fixation of
relative Seniority of the candidates selected and appointed to the posts of
Junior Assistants / Typists etc., through the Andhra Pradesh Public Service
commission on the basis of the results of competitive examination conducted for
Group IV during 1976 and for Group-II during 1977 in comparison with the
temporary employees who were to for Group-IV during 1986 and qualify themselves
through Special Qualifying Test for regular appointment should be taken up at a
later date i.e. after the result of the Special Qualifying Test was known. Some
candidates selected and appointed through the Andhra Pradesh Public Service
Commission on the basis of the results of competitive examination referred to
have challenged the instructions issued in the Memo. cited before the Andhra Pradesh
Administrative Tribunal.
2. The Andhra
Pradesh Administrative Tribunal Allowed the R.P.filed by these candidates and
held that all candidates appointed through the normal competitive examinations held
by the Andhra Pradesh Public Service Commission are regular appointees and
their seniority should be counted from the dates of their appointment in terms
of Rule 33(a) of the General Rules with due regard to the matter of seniority fixed
by the Andhra Pradesh Public Service Commission. The Tribunal also held that since
the candidates who had appeared for Special qualifying Test held in 1978, were only
temporary recruits they did not have any right as regards regularisation of
their services or fixation of seniority until they qualify in the Special
Qualifying Test and that their regularisation and seniority should normally
count from the dates of their regular appointment. The Tribunal further held
that their regularisation should be affected after they qualify in the Special
Qualifying Test and that their seniority would have to be fixed in such a
manner that they do not become seniors to those whose services already stood
regularised before the former qualified in the Special Qualifying Test. In otherwards,
according to the above orders of the Tribunal the seniority of temporary
employees on regularisation of their services after they qualified in the
special Qualifying Test held in 1978 should be fixed in such a manner that they
do not become seniors to the candidates selected and appointed through the
Andhra Pradesh Public Service Commission on the basis of normal competitive
examination held for Group IV Services during 1976 and for Group II Services
held in 1977 to the posts of Jr. Assistants/Typists etc.
3. The
Government have however filed a Special Leave petition in the Supreme Court to
appeal against the Judgement of Andhra Pradesh Administrative Tribunal. It is likely
that it may take some time for disposal of the cases by the Supreme Court. It
is considered not desirable to keep the matter relating to regularisation of
these candidates in suspense. Government have, therefore, decided that the
services of candidates selected by the Andhra Pradesh Public Service Commission
in the regular recruiting examinations & in the special Qualifying Test
referred to above should be regularised and their seniority regulated in
accordance with the orders of the Tribunal as indicated in para 2 above subject
to the condition that the regularisation and inter-se-seniority would be reviewed
and revised on the outcome of the appeal preferred in the Supreme Court. The
Departments of Secretariat and heads of Departments are therefore requested to take
immediate action and issue orders in the matter of regularisation of the
services of all these candidates. If any of them have become eligible for promotion
to the next higher categories under the Rules, they may also be promoted
temporarily with due regard to the provisional seniority in the lower
categories on regularisation as mentioned above.
S.R.RAMAMURTY
Chief Secretary to Government
