GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Public Services -
Departmental Promotion Committees - Constitution of convening of meeting of
Departmental Promotion Committees regularly for filling up vacant posts
out-side the purview of the AP Public Service Commission - Revised instructions
for Zone of Consideration - Issued.
GENERAL
ADMINISTRATION (SER.D) DEPARTMENT
G.O.Ms.
No. 14 Dated:
11-1-1996
Read the following: -
1. G.O.Ms.No. 438, G.A. (Ser.D) Dept.,
dated 16-7-1990.
2. Order, dated 23-12-1994 in R.P.No.
5756/88 and batch of the A.P.A.T.
3. Order, dated 17-2-1995 in O.A. No.
6974/94 of A.P.A.T.
4. Order dated 30-6-95 in O.A.No.
1430/95 and 1528/95 of A.P.A.T.
@@@@@
ORDER
In the
G.O. 1st read above, orders were issued amending rule 4 of the AP. State
and Subordinate Service Rules, among others, for the purpose of preparing the
list of approved candidates for appointment by promotion/by transfer to a service
or a class of service in any case, the claims of as many qualified and eligible
candidates as is equivalent to the number of vacancies estimated shall be
considered.
2. The Hon'ble A.P. Administrative
Tribunal in its order 2nd read above, interalia held that the wording in rule 4
(a) (ii) "for the purpose of preparing the list of approved candidates,
the claims of as many qualified and eligible candidates as is equivalent to the
number of vacancies estimated shall be considered" is violative of
articles 14 and I 6 of the Constitution of India and void, with the following observations
''The portion of Rule 4 (a)(ii)
deprives the consideration on merits or application of rule of preference among
eligible candidates as the zone of consideration is restricted to only one for
each vacancy. Even when there is more than one vacancy the number of candidates
to be considered will he only equal to the number or vacancies depriving the
persons who may be entitled to preference or others who claim to have a better
merit from being considered. This results in depriving the eligible persons
with preferential qualifications from being considered and selection on merit
being rendered meaningless. There is discrimination in selection under rule
4(a) (ii) and 4(a)(iii) apart from violating the scheme of rule 4(a)(i) and the
Special Rules resulting in arbitrary and discriminatory action in promotion to
such posts. We, therefore, hold that the portions of Rule 4(a)(ii) is arbitrary
and also discriminatory and violates the right of equality for appointment to
posts requiring selection on merit. The offending portion in General Rule
4(a)(ii), is, therefore, held to be void in respect of posts requiring
selection on merit."
3. The Hon'ble A.P. Administrative
Tribunal in another judgement dated 30- 6-1995, in the reference 4th
read above has suggested that the Government may consider to adopt suitable
zone of consideration, preferably 2 or 3 for each vacancy, keeping in view the
nature of the post, the number of vacancies and the number of eligible persons
in the field.
4. The Government have carefully examined
the above orders of the Hon'ble Tribunal and considered that the zone of
consideration may be enlarged to the ratio of 1:3 uniformly for all the
selection posts.
5. The Government accordingly direct that
the zone of consideration of candidates shall be in the ratio of 1:3 for the
purpose of filling up of posts by promotion/by transfer in the state services.
6. These orders shall be applicable to
the panels yet to be prepared on or after the date of issue of these orders.
7. Necessary amendments to the A.P. State
and Subordinate Service Rules will be issued separately.
(By order
and in the Name of the Governor of Andhra Pradesh)
M.S.
RAJAJEE
Chief
Secretary to Government
