Circular U.O.Note No.44232-B/SPF.A/2002 dated:-15-2-2003
Sub: APPE (OLC & RDR) Order, 1975, Amendment to Para 5(2)
of the P.O. by including a provision in the presidential Order – follow of Orders
of Supreme Court of India – instructions – issued.
Ref: Judgement of Supreme Court of India
Dt.07-11-2001 in C.A.No.9643/9344 of 1995.
The attention of all the Departments of Secretariat is invited to the judgement of Supreme Court of India referred above.
2. In different Service Rules, there are provisions for appointment by transfer of employees of Secretariat and Heads of Departments (belonging to the categories of Section Officers, Assistant Section Officers and Superintendents etc.) to certain executive posts localized under Presidential Order like A.C.T.Os, Excise Inspectors, Mandal Parishad Development Officers, Municipal Commissioner, Regional Transport Officers etc.
3. The Hon'ble Supreme Court of India in judgement dated 07-11-2001 in Civil Appeal Nos.9643/95, held that employees working in the posts which are not localized cannot be appointed by transfer to the posts which were organized into local cadres and that such appointments are against the provisions of the Presidential Order.
4. In view of the judgement of Supreme Court of India, all the Departments of Secretariat and Heads of Departments are requested to stop the appointment by transfers of Section Officers/ Assistant Section Officers, Superintendents etc. working in Secretariat and Heads of Department Offices to the executive cadre posts localized under Presidential Orders in the Districts, till further orders.
All the Departments of Secretariat
Copy to G.A. (Ser.A,B,C,D,E,F) & (SU.I,II,III,IV) Dept.
Copy to the P.S to Secretary to Govt. (Ser.), G.A.Dept.
Copy to all Head of Departments
