GOVERNMENT
OF ANDHRA PRADESH GENERAL
ADMINISTRATION (SER.D) DEPARTMENT U.O.Note No.51282/Ser.D/2004-1
Dated:19-05-2004
Sub: P.S. A.P. State and Subordinate Service Rules - Preparation
of panels - inclusion of the names of the candidates in the old panels -
certain instructions - Issued. @@@@@ The
panel of candidates for promotion or appointment by transfer to service or
class of a service 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 under rule 6 ofA.P. State and Subordinate Service Rules, 1996 and that Government can revise
any panel of approved candidates for appointment by transfer or by promotion
prepared by the Head of the Department under rule 24 of the said rules.
According to rule 31 of the said rules Government have power to relax any rules
in favour of a member of service in such a manner as may appear to be just and
equitable to them where such relaxation is considered necessary in the public
interest. 2. The Supreme Court of India in its
judgment dated 12.3.1996 in C.A.No.4415/96 observed that it is a settled Law
that the Government cannot relax the basic qualification but in an individual
case relaxation can be resorted to in an appropriate case the conditions of
service with a view to fill up the backlog vacancies which is a constitutional
obligation. The Supreme Court of India also observed that while resorting to
powers of relaxation under General Rule 31, the test of justice and equality
is to be understood. 3. While the rule position and the ruling
of the Supreme Court of India are as stated above, several proposals are being
received from various Departments of Secretariat and Head of Departments for
relaxation of the provisions of the special rules / General Rules, in favour of
members of service in so far as they relate to passing of tests and short fall
of minimum service required for promotion to higher category of posts. Proposals
are also being referred to this Department for according permission to reopen
the panels already prepared vide General Rule 24 of A.P. State and SubordinateService Rules, 1996 for some reason or other after a lapse of considerable
period. In many cases, the Departments are seeking relaxation in a routine
manner without full justification. 4. All the Departments of Secretariat are
advised not to entertain proposals for relaxation of special rules / general
rules in so far as they relate to passing of prescribed tests in the feeder
category as per special rules and in future any such proposals referred to G.A.
(Ser) Dept. will not be entertained. B.
ARAVINDA REDDY Secretary
to Government (Ser.)
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