GO.Rt.No:2862, Dt:23-09-2015 | State and Subordinate Service Ruels - Regularisation of Services

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services - Treasuries and Accounts Department - Sri K.Rama Naik, Senior Accountant, District Treasury, Guntur District. - Orders of Hon'ble Andhra Pradesh Administrative Tribunal in O.A.No.1816 of 2014, dated 09.04.2015 - Regularisation of Service from the date of his initial appointment - Orders - Issued. 

FINANCE (ADMN.I) DEPARTMENT
G.O.RT. No. 2862                                                                                                                                           Dt: 23-09-2015

Read the following: 

1. Proceedings of DD, DT, Guntur in RC No.3570/99/A2, dt:14-07-1999. 

2. DD, DT, Guntur Lr.No.3570/99/A2, dtl.12.10.2001 

3. Orders of APAT in O.A.No.448/2002, dt.10.01.2002. 

4. DTA's Speaking orders No.A2/1712/2001-2, dt:26-04-2002. 

5. Orders of High Court in WP Nos.1879/2005, dt:22-02-2005 and W.P. Nos.2176 and 2179, dt:14-03-2005. 

6. Government Memo.No.6799/168/AI/Admn-Ill/2005, dt.09.08.2006. 

7. DD.DT, Guntur Proceedings No.A2/05769/2009, dt.27-06-2009. 

8. DTA's Letter No.A3/4667/2009, dt:01-01-2014. 

9. Government Memo No.14620/142/AI/Admn.III/2010, dt:26-11-2013 and 10-2-2014 

10. Orders of APAT dt:09-04-2015 in O.A.No.1816/2014 with CA No.1762/2014 and VMA No.253/2015 filed by Sri K.Rama Naik, Senior Accountant, District Treasury, Guntur District. 

****

O R D E R: 

In the reference 1st read above, Sri K.Rama Naik was appointed as JA in the backlog vacancy post under ST category and he joined to duty on the F.N. of 15.07.1999 at Sub Treasury, Gurazala with a condition to acquire the requisite qualification of Type Writing Higher in English within two years from the date of joining which is in contravention of the AP T & A (Sub) Services Rules. As such the Deputy Director, District Treasury, Guntur vide reference 2nd read above surrendered the individual to the District Collector Guntur and requested to re-allot him to other department. In turn the District Collector, Guntur vide his letter No.7770/98/B5, dt.16.11.2001 has requested the DD, DT, Guntur to take action against the employees as per rules in force. 

2.         Aggrieved by the above, the individual has approached the Hon'ble APAT in O.A.No.448/2002. The Hon'ble Tribunal while disposing the case at the admission stage on 10.01.2002 has directed the Deputy Director, District Treasury, Guntur to re-examine the matter by sending an appropriate note to the first respondent i.e. the Director of Treasuries and Accounts, Andhra Pradesh, Hyderabad whom it is directed to pass appropriate orders in the matter and meanwhile, services of the applicant shall be continued. 

3.         The case of the individual has again been considered and again surrendered to the District Collector, Guntur vide reference 4th read above. However, the individual was allowed to continue in service and he was rejoined duty on 24.4.2002 as per the interim orders of the Hon'ble APAT in OA No.9797/2001 and batch and interim orders were made absolute. When the Government filed WP in the High Court of Hyderabad, the same was dismissed by the High Court in the reference 5th read above. 

4.         As per the instructions of the Government, vide reference 6th read above, the Deputy Director, District Treasury, Guntur has regularised the service of the individual from 31-1-2001 i.e. from the date of acquisition of the Type Writing qualification and probation was declared w.e.f.30.01.2003 vide proceedings in the reference 7th read above. 

5.         The individual has represented the government in the reference 8th read above for regularisation of his services from the date of his initial appointment i.e.15-07-1999 in the cadre of Junior Accountant. Government in the reference 10th read above rejected his plea. 

6.       Aggrieved by the above the individual again approached the Hon'ble APAT in O.A No.1816/2014. The Hon'ble APAT Hyderabad in its orders dt:09-04-2015 in OA No.1816/2014 with CA No.1762/2014 and VMA No.253/2015 passed the following orders: 

 

"……. The proceedings issued in Rc.No. A2/05769/2006 dated 27-06-2009 issued by the 3rd respondent and its consequential proceedings in Memo No. 14620/142/AI/ Admn.III/2010 dated 10-02-2014 issued by the 1st respondent are set aside with a direction to the respondents to regularise the services of the applicant with effect from his initial date of appointment i.e.,15- 07-1999 with all consequential benefits within a period of eight weeks from date of receipt of a copy of this order. The VMA and CA are closed." 

7.         Government, after careful examination of the matter, hereby order the Director of Treasuries and Accounts, Andhra Pradesh, Hyderabad to regularise the services of Sri K.Rama Naik, Senior Accountant, District Treasury, Guntur District from the date of his initial appointment into service in the cadre of Junior Accountant i.e.,15-07-1999 instead of 31-01-2001. 

8.         The Director of Treasuries and Accounts, Andhra Pradesh, Hyderabad shall take further necessary action accordingly. 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)


M.RAVI CHANDRA 
SECRETARY TO GOVERNMENT(IR&E) 

To 

1. The individual through the Director of Treasuries and Accounts, 

     Andhra Pradesh, Hyderabad. 

2. The Director of Treasuries and Accounts, Andhra Pradesh, Hyderabad.




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