GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
PUBLIC SERVICES - Andhra
Pradesh State and Subordinate Services Rules - Part-II - Amendments - Issued.
GENERAL
ADMINISTRATION (SER.D) DEPARTMENT
G.O.Ms.No.
438 Dated:
16th July, 1990
Read
the following:
1. G.O.Ms.No. 530, Genl. Admn. (Ser.D)
Dept, Dt: 2-11-1987.
2. G.O.Ms.No. 687, Genl. Admn., (Ser.D)
Dept., Dt: 17-12-1988.
3. G.O.Ms.No. 456, Genl. Admn. (Ser.B)
Dept, Dt: 9-8-1988.
4. G.O.Ms.No. 696, Genl. Admn. (Ser.D)
Dept, Dt: 4-12-1989.
5. G.O.Ms.No. 4, Genl. Admn. (Ser.D)
Dept, Dt: 3-1-1990.
6. From the Deputy Secretary, A.P.
Public Service Commission, Lr.No. 875/RR/2/90, Dt: 18-6-1990.
@@@@@
ORDER:
The
following notification will be published in the Andhra Pradesh Gazette:
NOTIFICATION
In
exercise of the powers conferred by the proviso to article 309 of the Constitution
of India, the Governor of Andhra Pradesh hereby makes the following amendments
to the Andhra Pradesh State and Subordinate Services Rules: - The amendments
hereby made shall come into force on the 3rd January, 1990.
AMENDMENT
In Part - II of the said rules:
-
I. for sub-clause (1) of clause (1) of
sub-rule (a) of rule 4, the following shall be substituted namel:-
"(i) All first
appointments to a State Service and all promotions/appointments by transfer in that
service shall be made on grounds of merit and ability, seniority being
considered only where merit and ability are approximately equal by the
appointing authority as specified in sub-rule (c) from the list of approved
candidates. Such list shall be prepared by the appointing authority, or any
other authority empowered in this behalf. Where the candidate in such list are
arranged in their order of preference promotions/appointments to the service
shall be made in such order".
II. for sub-clause (ii) of clause (1) of Sub-rule (a) of rule 4 and the provisos thereunder, the following shall be, Substituted
namely:
"(ii) The list of
approved candidates for appointment by transfer to a service or a class of
service in any case, where the Commission is not consulted on the suitability
of a candidate for such appointment under sub-clause (b) of Clause (3) of article
320 of the Constitution of India or for promotion, shall be prepared ordinarily
during the month of-September every year on the basis of estimate of vacancies
sent in terms of sub clause (iv). First September of the year shall be reckoned
as the qualifying date to determine the eligibility of a candidate for such
appointment, which shall cease to be in force on the afternoon of the 31st
August of the succeeding year and for the purpose of preparing the said list
the claims of as many qualified and eligible candidates as is equivalent to the
number of vacancies estimated shall be considered".
Provided
that if the number of candidates to be included in the list of approved candidates
falls, short of the number of vacancies estimated such shortfall shall be made
good· by considering the claims of the other qualified and eligible candidates,
if any, in the seniority list placed immediately below.
Provided
further that the list of approved candidates so prepared shall be reviewed
after a period of six months reckoned from the date of approval of the panel,
for the purpose of considering the cases of such persons whose names were not
included in the list prepared earlier for not passing the prescribed tests or
for not having special qualifications prescribed under the rules, if they have
subsequently passed those tests are acquired the said qualifications and are
otherwise found suitable for inclusion in the panel of the year. No such review
of list of approved candidates· shall, however, be undertaken where no tests or
special qualifications are prescribed under the rules as conditions precedent
for promotion or appointment by transfer.
Provided
also that the approved lists in operation on the date of commencement of the
Sub-rule shall continue to be valid and operative till 31st day of May
1990 and whereas the lists that have to be prepared on the basis of this sub
rule shall be prepared reckoning 1st November 1989 which shall also
cease to be in force on 31st August 1990.
Provided
also that no list of approved candidates need be prepared:
(i) If vacancies are not available for
the particular panel period subject to the appointing authority recording a
certificate to the effect; or
(ii) where the appointing authority do
not consider it necessary.
Provided
also that the Government may order preparation of list of approved candidates
as frequently as may be necessary in the exigencies of administration.
III. For sub-c1ause (iii) of clause (1) of sub-Rule
(a) of rule 4 and the proviso there under the following shall be substituted, namely:
-
"(iii) The list of approved
candidates for promotion or appointment by transfer to a service or class of a
service in any case where it is necessary to consult the Commission on the
Suitability of candidates for such appointment shall be prepared ordinarily in
the month of September every year reckoning 1st September of the year as the qualifying
date to determine the eligibility of a candidate for such appointment, which
shall cease to be in force on the afternoon of the 31st August of
the succeeding year".
IV. for sub-clause (iv) of clause (1) of
sub-rule (a) of rule 4 and the proviso thereunder, the following shall be
substituted, namely: -
"(iv) The list' of approved
candidates under Sub-Clause (ii) or sub-clause (iii) shall consist of such
number of candidates as is equal to the number of vacancies which are estimated
to arise on the following basis during the currency of that list:
(a) the existing vacancies, including
the vacancies which were not filled up in the previous years for any reasons;
(b) (i) Vacancies to arise owing to retirement;
(ii) consequential vacancies due to
promotion;
Provided that when the
number of qualified and eligible candidates to be included in the list of
approved candidates is less than the number of vacancies estimated to arise
during the currency of that list, such number of candidates eligible and found
fit only shall be included in the approved list irrespective of the number of vacancies.
Provided further that the
list of approved candidates shall also be prepared taking into account the
vacancies not exceeding 10% of the total estimate of vacancies, ignoring
fraction of less than half or 0.5 and rounding of fraction of 1/2 or more i.e.
0.5 and above to the next nearest number, as reserve to fill up the vacancies
likely to last for more than 2 months on account of:-
i) deputation;
ii) training;
iii) long leave; or
iv) suspension.
V. for clause (ii) to sub-rule (b) of
rule 34, the following shall be substituted, namely: -
"(ii) Promotion to non-selection
category or grade:- Notwithstanding anything contained in Special / Ad-hoc rules
all promotions to non-selection category or grade shall, subject to the provisions
of rule 16, be made in accordance with the seniority - cum - fitness unless (1)
promotion of a member has been withheld as a penalty, or (2) a member is given
special promotion for conspicuous merit and ability". .
VI. After rule 34, the following rule
shall be inserted, namely: -
"34-A. Notwithstanding anything contained
in the special/Ad-hoc rules, recruitment by transfer to a non-selection class,
category or grade included in subordinate Service, shall be made on the basis
of seniority cum-fitness."
(BY ORDER
AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
V.P. RAMA
RAO
Chief
Secretary to Government
