Workcharged Establishment - Irrigation and Command Area Development
Department - Age of Superannuation in respect of provincialised workcharged
employees under superior service - Certain Orders - Issued.
G.O.Ms.No.62 Dated : 21-5-1996
Read the following:-
1.
G.O.Ms.No. 130, Irrigation & Power (Ser. V) Dept., di. 18-3-1981.
2.
Andhra Pradesh Public Employment Act 23/84.
3.
From the A.P. Administrative Tribunal (Full bench) Orders. dated 11-7-95 in
O.A.No. 6976/94 and batch.
ORDER:
In the G.O. 1st read above, orders were issued allowing the workcharged employees who have completed IO years or service for exercising option for provincialisation besides fixing their age of superannuation at 58 or 60 years for superior and inferior services respectively. But according to sub-section (3) of section 3 of the A.P. Public Employment Regulation of Age of Superannuation) Act, 1984 (A.P. Act, 23/84) every workman whether in the superior or inferior or last grade service shall ordinarily be retained in service up to the age of 60 years. Taking advantage of the provisions in the said Act, certain workchargcd employees under superior service who have already opted for provincialisation as per the guidelines prescribed in the reference 1st read above. instead of retiring after attaining 58 years of age arc approaching the courts of Law for their continuance in service up to 60 years of age claiming themselves that the ingredients of the definition of the expression “Workmen” as given in the said Act would attract them. Those who have already retired on attaining the age of 58 years with the plea that they are workmen as per the provisions of the said Act and having right to continue up to the age of 60 years and arc claiming salary for the remaining two years period after drawing all pensionary benefit on their retirement at the age or 58 years. Taking advantage of the disparity between the executive order read above and said provisions, or the Act. the Workcharged Employees arc claiming benefits both under provincialisation and under the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984). The Hon'ble A.P. Administrative Tribunal has been passing orders on various O.As filed by workcharged employees directing to continue the petitioners in service up to 60 years of age stating that the executive instructions issued in the G.O. 1st read above cannot override the provisions of Statutory Act and observed that mere exercising option by the workcharged employees as per the above G.O. 1st read above, would not have any effect on the statutory right under the said Act for their continuation up to the age or 60 years and orders of 60 years. The very A.P. Administrative Tribunal in its another order, dt. 16-12-1994 vide in O.A. No. 7174/94 filed by Sri Narayana, Workcharged employee while ordering for his continuation up to his attaining the age of 60 years has observed that in certain other earlier orders given by the A.P. Administrative Tribunal in various cases, the definition or workmen under section 3 of the A.P. Public Employment Act, 84 has not been properly examined and, therefore, opined that the matter should be referred to the full-bench.
2. In view of the above conflicting decisions of the two divisional benches, all the cases relating to the age of superannuation of workcharged employees have been referred to the full-bench, A.P. Administrative Tribunal. The full-bench or the A.P. Administrative Tribunal, while upholding the earlier order or the di vision bench in OA.No.25410/91 has made the following observations:
"We therefore do not see any reason to take a different view from the one which is taken in the earlier case. We, therefore. hold that the opinion exercised by any workman under G.O.Ms.No. 130, will not have any effect on the age of superannuation fixed under 3 (3) of Act 23/84. Applications who answer the description of workmen. and working in Industrial and workcharged establishment will be continued up to the age of 60 years for superannuation."
3. In view of the above Judgement of the Full bench of the
Hon'ble A.P. Administrative Tribunal, the earlier order, dt. 6-10-94 in O.A.
No. 25410/91 and hatch has become final which will have to be examined for
implementation. The observations made by the Hon'ble A.P. Administrative
Tribunal in the above said O.A. are as follows:
i)
the exercising of option to G.O.Ms.No. 130, or G.O.Ms.No. 352, will not have
any effect on the statutory rights under Act 21"84 regarding their being
continued up to 60 years, and directed to continue them upto 60 years;
ii)
in respect of 5 (five) categories, in whose case Government have taken a stand
that the duties or these categories arc supervisory and will not involve any
manual work and hence have to retire at the age of 58 years, the A.P.
Administrative Tribunal have accepted the stand of Government and ordered to
retire these category of workers at the age or 58 years only. The A.P.
Administrative Tribunal has however advised to examine their cases also for
continuing them up to 60 years.
iii)
to extend the facility to other Industrial establishments which do not have a
classification of workchargcd establishment;
iv)
not to recover the amounts paid to the workers who fall under the 5 (five)
categories and not who have completed 60 years by virtue of interim orders.
However, these workers are not eligible for pension beyond 58 years; and
v) to pay arrears of salary from 58 to 60 years for those who have already retired in the absence of interim orders of courts till their attaining the age of 60 years and also pensionary benefits.
4. The Government after careful consideration of the issue have decided to implement the orders of the Hon'ble A.P. Administrative Tribunal, dt. 11-7-1995 in O.A.No. 6976/94 and batch on the age of superannuation in respect of the provincialised employees of workcharged establishment who arc in superior service duly rejecting the observations made by the Hon'ble A.P. Administrative Tribunal in its earlier order, dt. 6-7-1994 in OA No: 25410/91 for allowing the five (5) categories of workcharged establishment which are supervisory in nature also up to 60 years.
5. Accordingly. the Government hereby order that :
i)
all the provincialised workcharged employees under superior service (barring
the live categories. which arc supervisory in nature i.e. work inspectors Gr.I
to Gr.V. Asst. Foreman, and Foreman, Line Inspector, Lab-Assistant and
Caretakers in Rest House) be continued in service up to their attaining the age
of 60 years with pensionary benefits accordingly.
ii)
the live categories of provincialised workcharged employees under superior
service viz., work Inspectors Grade-I to Grade-V, Asst. Foreman and Foreman,
Line inspector, Lab. Assistants and Care-taker in Rest Houses shall retire at
the age of 58 years, as their services arc supervisory in nature. However. any
of the employee under these categories, if continued beyond 58 years. by virtue
of any interim orders of A.P. Administrative Tribunal. in such cases their
salary need not be recovered. However, without any pensionary benefit beyond 58
years.
iii)
all the petitioners (barring the above said five categories) which are
supervisory in nature) in various O.As. where A.P. Administrative Tribunal
passed orders for continuing them in service till attaining the age of 60 years
shall be reinstated, if they have not crossed 60 years of age, duly treating
the gap period as duty, subject to recovery of the pensionary benefits which
have been paid along with the interest @ 12% p.a. to service towards their
salary; and,
iv) all the petitioners who have crossed 60 years of age (barring the above said 5 categories) and filed various O.As wherein A.P.A.T. have passed orders for their continuation in service up to 60 years of age shall be paid arrears of salary for two years (i.e., from 58 to 60 years), subject to recovery of the pensionary benefits which have been paid along with interest @ 12% p.a. thereon from the amount payable lo them.
6. The Engineer-in-Chief (Irrigation wing); and all the Chief Engineers are directed to take necessary action for the recovery of the dues lo the Government, from the amounts payable to the individuals consequent on their reinstatement into service or while paying arrears the persons who attained the 60 years of age.
7. This order issues with the concurrence of Fin. & Pig. (FW. FR.I) Dept. vide their U.O.No. 12578/129/A l/FR.l/96, dated 1-5-1996.
(By order and in the Name of the Governor of Andhra Pradesh)
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