GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Public
Services - Regularisation and absorption of Part-time employees - Specific Scheme
- Formulated - Orders - Issued.
FINANCE
& PLANNING (FW.PC.III) DEPARTMENT
G.O.(P)
No.112 Dated:23-7-1997
Read the following
1. The A.P.
(Regulation of Appointments to Public Services and Rationalisation of Staff
Pattern and Pay Structure) Act 2 of 1994.
2. G.O.Ms.No.212,
Finance & Planning (FW.PC.III) Department, dated 22-4-1994.
ORDER:
Government
noticed that appointing authorities of the Institutions and Establishments
under the control of State Government, Local Authorities, Corporations owned
and controlled by the State Government and other bodies established by the
State Government grossly violated the instructions issued from time to time by
the Government and appointed persons indiscriminately to various categories of
services either on Daily wage basis or temporary basis without there being a
post and without being sponsored by Employment Exchange and without observing
the rule of reservation to the Scheduled Caste, Scheduled Tribe and Backward
classes.in most of the cases the persons appointed for a specific work have
been continued even after their need ceased. After a lapse of some time, all
these appointees have approached the various Courts and Tribunals for
regularisation of their services and Courts and Tribunals have been directing the
State Government to regularise the services on the ground that they have put in
a long service to their credit. This practice has been causing considerable
drain on the finances of the State Government. Government have thought it
imperative to prohibit the unauthorised and irregular appointments by a law in
the public interest. Accordingly, the State Government have enacted the Andhra
Pradesh (Regulation of appointments to Public Services and Rationalisation of
Staff Pattern and Pay Structure) Act, 1994 (Act 2 of 1994) in the reference
read above, this will streamline the recruitment along healthy lines, to
enforce Employment Exchanges (Compulsory Notification of Vacancies) Act in its
true letter and spirit to follow the rule of reservation enshrined in the
Constitution with utmost strictness and to punish those who are guilty of
violating the law. The above Act came into force with effect from 25-11-1993.
2. In the reference
second read above, Government issued orders for regularising the services of
the persons who arc appointed on Daily Wage basis / NMRs or Consolidated pay
and who arc put in five years of service and continuing in service on the dale
of commencement of the said Act 2 of 1994.
3. It is observed
that the government offices, Local Bodies and Public Sector Under takings are
also having parttime workers in various categories who have been appointed in
contravention of instructions and guidelines issued by the Government from time
to time. In fact, there is no need to continue all these parttime employees for
the reasons that there is not enough workload and many of them have been
appointed without any sanctioned posts from the competent authority and the
recruitment in many cases had been made without the media of employment
exchange. Their appointments have also been made without following rule of
reservation.
4. However, many
representations have been made for regularisation of such part-time employees
in regular posts. Though, the Act 2 of 1994 provides that no person appointed
on daily wages on part-time shall have any right to claim regularisation of
services on any ground, the Government on humanitarian ground have been
examining the feasibility lo regularise as many part-time employees as possible
who are otherwise qualified depending on the requirement of the work load and
keeping in mind the hardship that would otherwise be caused if their services
are not regularised.
5. The Hon’ble
Andhra Pradesh High Court also in its interim orders dt. 25-4-1997 in
W.P.M.P.No. 24471/96, WPMP No. 961/97 have directed to formulate a scheme to
regularise part-time employees.
6. Government
accordingly after careful consideration of this issue hereby formulate a scheme
for regularisation of the services of the persons appointed on part-time basis,
Government have taken a decision that the services, of such persons who have
worked continuously as part-time workers for a minimum period of ten years and
are continuing as on 25-11-1993 the date on which The A.P. (Regulation of
Appointments to Public Services and Rationalisation of Staff Pattern and Pay
Structure) Act. 1994. (Act 2 of 1994) came into force be regularised by the
appointing authorities subject to the fulfilment of the following conditions
1. Absorption
shall be against clear vacancies of posts considered necessary to be continued
as per workload excluding the vacancies already notified to the Andhra Pradesh
Public Service Commission or as the case may be, the District Selection
Committee.
2. The persons
appointed should possess the qualifications prescribed as per rules in force as
on the date from which his or her services have to be regularised.
3. The person
should be within the age limit as on the date of appointment as part-time
employee.
4. The Rule of
Reservation wherever applicable will be followed and backlog will be set off
against future vacancies.
5. The sponsoring
of candidate from Employment Exchange is relaxed.
6. If there are
two candidates, one part-time and the second one a full-time employee (Daily
Wage employee) of any category or name and there exists only one vacancy, the
senior most between the two in terms of continuous service already rendered
prior to 25-11-1993 treating two years of part-time service as one year of full-time
service, relative seniority will be calculated, and regularisation will be
suggested for the senior among the two accordingly.
7. The
regularisation of services of full-time employee already made in terms of
G.O.Ms.212, Finance & Planning (FW.PC.III) Department, dt. 22-4-1994 will not
be reopened for giving effect to the present order.
7. All the
Departments of Secretariat/Heads of Departments are requested to process the
cases of absorption/regularisation of services of Part-time employees in
pursuance of above scheme and obtain the clearance of Government in Finance &
Planning (FW.PC.III) Department before orders are issued for such regularisation
or absorption.
(By
order and in the Name of The Governor of Andhra Pradesh)
M.SAHOO
Secretary
to Government
