Workcharged Establishment - Protection of Pay of Workcharged Employees
consequent on exercising option to G.O.Ms.No.130, Irrigation and Power
Department, dated 18-3-1991 under F.Rs - Orders - Issued.
G.O.Ms.No.238 Dated:7-8-1995
Read the following :-
1.G.O.Ms.No.
212, I&P Dept., dated 29-3-1979.
2.
Govt. Memo No. 1300/PAC.l/79- l., I&P Dept., dated 29-4-1979.
3.
G.O.Ms.No. 130, I&P Dept., dated 18-3-1981.
4.
From the Director, S.A.C.B. Dowlaiswaram Lr.No. DOA/SACB/Sec.A/92-93/59. dt.
13-5-1992.
5.
From the Engineer-in-Chief, (P.R.&R.D) Dept., Lr.No. 1/16648/90, dated
12-3-1993.
6.
Govt. Memo.No. 37693/Ser.V.2/92-3, I&CAD Dept., dated 26-3-1993.
7.
From the A.P.A.T. Order dt. 21-1-1994 in O.A.No. 5108/94.
8.
From the A.P.A.T. Order dt. 7-2-1994 in O.A. No. 5257/93.
9.
From the A.P.A.T. Order dt. 3-2-1994 in O.A.No. 5862/93 and batch.
10.
From the A.P.A.T. Order dt. 9-8-1994 in O.A.No. 2780/94.
11.
From the A.P.A.T. Order dt. 21-7-1994 in R.P.No. 27076/89, with M.A.No.
2367/91.
12.
From the A.P.A.T. Order dt. 18-8-1994 in O.A.No. 3855/94
ORDER:
2. Consequent on the issue of orders in the G.O. 3rd read above, all the workchargcd Employees who have completed 10 years of total service arc regarded as Govt. Servants with effect from 29-3- 1979 or from such subsequent date as and when they completed 10 years of total service and they were extended all benefits on par with regular Government Employees.
3. The Director, S.A.C.B. in his letter 4th read above has sought a clarification. whether the pay of the workcharged Employees with IO years of total Service, and who were appointed temporarily as Junior Assistant, or Draughtsman, by transfer can be fixed under F.R. 22-8 or not
4. While the issue is under examination, the Engineer-in-Chief (Panchayat Raj & Rural Development) Department has issued a clarification in the reference 5th read above, the workcharged Employees on conversion of 10 years of Service and who have· been regarded as Government Servants are eligible for Pay Protection on their appointment to regular post in terms of clarification issued in Memo 3rd above.
5. Subsequently, Government have examined the issue and clarified in the reference 6th read above that all the workcharged employees who have opted to be converted into Govt. Servants under the provisions of G.O.Ms.No. 130, I&P Dept., dt. 18-3-1981, will be regarded as Government Servants for all purposes. At the time of conversion from the Workcharged Establishment to the Government Service, no as Government Servant if he is further promoted lo a higher post (from an initial Government post of higher post according to Service Rules) Pay fixation may be done in terms of F.R. 22 (a) (i) initially to be re-fixed, under F.R.22-8 later on the accrual of increment in the lower post or directly under F.R.22-8 on the date of promotion, as the case may be, depencxing upon the option exercised by the individual, within a period of one month from date of such promotion. As long as they remain as Workcharged Employees, the F undamental Rules are not applicable to them.
6. Aggrieved by the clarification issued in the reference 6th read above, certain workcharged employees pertaining to Panchayat Raj and Rural Development, Transport, Roads and Buildings, Irrigation and Command Area Development Departments who have already been converted as regular Government employees were approached the Hon’ble A.PAT. The A.P.A.T. while disposing of all the cases had passed similar orders, which are as under:
"The Government have earlier examined the demand of workcharged employees long back and issued orders in the year 1979 itself and one or the demand, is for protection or Pay and the same was accepted by the Government. It is nothing but reasonable that an employee on exercising option or the date from which option was to be given effect lo. In that view of the matter, the earlier clarification issued in Memo. dated 12-3-1993 for protection of the Pay as and when the pay of Workcharged Employees was fixed on exercising option under G.O.Ms.No. 130 holds good. Therefore, there is no justification on the part of respondent. I (Govt.) to say that the pay or such an employee shall be fixed at the minimum of the time scale applicable to the post, consequent on option under G.O.Ms.No. 130, such an employee is entitled for protection of Pay which he was drawing prior to the date of option.
So far as the fixation of pay on promotion as and when such employee promoted subsequent to exercising option under G.O.Ms.No.130, the provisions contained under F.R. 22 (A) or 22 (B) as the case may be, will regulate the pay an regular Government employees"
7. Government after careful examination of the orders of A.P.A.T. in various O.As have decided to implement th.:: orders of A.P.A.T. by protecting the pay of workcharged Employees on conversion as Govt. Employees. Accordingly, Government hereby orders that the Pay of all the Workcharged Employees who have completed 10 years or total service and option to Government Service are regarded as Govt. servants with effect from 29-3-1979 or from such subsequent date as and when they complete 10 years of total Service are eligible for the protection of pay last drawn as per F.Rs.
8. This order issues with the concurrence of Finance and Planning (F.R. II) Department vide their U.O.No. 19446/350/A l/FR.11/95, dated 28-7-1995.
(By order and in the Name of the Governor of Andhra
Pradesh)
