GOVERNMENT OF
ANDHRA PRADESH
ABSTRACT
Services - Regularisation and
absorption of Daily Wage / NMR or Consolidate pay - Specific Scheme -
Formulated - Orders - Issued.
FINANCE &
PLANNING (FW.PC.III) DEPARTMENT
G.O.Ms.No.212 Dated:
22-4-1994.
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. Government Memo. No. 42246-A/907/PC.l/41/A/93, dt. 2-2-1994.
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 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
unauthorised and irregular appointments by a law in the public interest. Accordingly,
the State Government have enacted law regulating the appointments to Public
Services and for Rationalisation of the Staff Pattern and Pay Structure 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. Through
the reference 2nd cited, information has been obtained from various Government
Offices, Local Bodies, Public Sector undertakings etc., from the information received
by Government it is seen that appointing authorities have violated the
instructions issued by Government and appointed several individuals.
Appointments have been made indiscriminately in the Government
Offices, Local Bodies, Universities, Public Sector undertakings and various
other Bodies and Institutions operating on Government finances. In fact, there
is no need to continue all these daily wage/ Temporary employees for the reasons
that not all of them are appointed in sanctioned posts and the recruitment was
in many cases not through employment Exchange. Their appointment was made
without following rule of reservation and in the case of work charged
employees, there is no work for them as the specific work for, which they were
appointed has already been completed. Though the Act provides that no person
who is daily Wage employee and no person who is appointed on temporary basis
shall have any right claim for regularisation of service on any ground, it has
been endeavour of the Government to regularise as many as NMR / Daily wage employees
as possible who are otherwise qualified depending on the requirement of the
workload while keeping in mind the hardship that would be caused if their services
are not regularised. The Hon'ble Supreme Court in its Judgement dated 12- 8-1992
in Civil Appeal No. 2979/92 and batch have also observed to evolve an appropriate
policy for regularisation. Accordingly, government after careful examination of
the whole issue and in supersession of all previous orders on the subject including
G.O.Ms.No.193, General Administration Department, dated 14-3-1990 and keeping
in view the above judgement of Supreme Court of India, have formulated a scheme
for regularisation of services of the persons appointed on Daily Wage/
NMR or on consolidated pay and are continuing on the date of commencement of
the Act. Government Accordingly decided that the services of such persons who
worked continuously for a minimum period 5 years and are continuing on
25-11-1993 be regularised by the appointing authorities subject to fulfilment
of the following conditions
1) The persons appointed should possess the qualifications
prescribed as per rules in force as on the date from which his/her services
have to be regularised.
2) They should be within the age limits as on
the date of appointment as NMR/Daily wage employee.
3) The rule of reservation wherever applicable
will be followed and backlog will be set-off against future vacancies.
4) Sponsoring of candidates from Employment
Exchange is relaxed.
5) 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 / District
Selection Committee.
6) In the case of work charged establishment,
where there will be no clear vacancies, because of the fact that the
expenditure on work charged is at a fixed percentage of P.S. charges and as
soon as the work is over, the services of work charged establishment will have
to be terminated, they shall be adjusted in the other departments, District Offices
provided there are clear vacancies of last Grade Service.
3. All
the Departments of Secretariat / Heads of Departments are requested to process
the cases of absorption / regularisation or services of N.M.Rs. / Daily Wage employees
etc., in pursuance of above scheme and obtain the clearance of Government in
Finance & Planning (FW.P.C.III) Department before orders are issued for
such regularisation or absorption.
(BY ORDER AND IN
THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
A.R. JAY A
PRAKASH
Special Secretary
to Government
OPEN - Temporary Posts to be made Permanent (open)
