G.O.Ms.No.354 Dated:11-5-1990.
Read the following: -
O R D E R:
According to the
provisions contained in rule 36 in Part-II of the Andhra Pradesh State and
Subordinate Service Rules, the State Government may revise the list of approved
candidates for appointment or promotion as per the stipulations contained
therein. Normally, the revision should be done within six months from the date
appointment of the persons concerned. However, in a few cases, it becomes
necessary to revise the lists of approved candidates even after three or four
years. It is now therefore, well settled that a notional date of promotion can
be given whenever it is found that the claims of the member of service for such
promotion in due turn were ignored without justification and the competent
authority or the court dealing with the said claim upheld the plea and directed
such promotion. Such retrospective notional service is given in order to
compensate the Officer by reckoning such period during which he was deprived of
promotion as deemed promotion to render effective justice to him. Such deemed
period must necessarily mean, period during which he was not on duty and indeed
could not have been on duty. In this connection, in cases where a review has
been undertaken and the list of approved candidates has been revised, the two
issues which normally emerge for consideration are whether the notional date of
promotion to a member of service can be taken into consideration.
(a) for computing, the qualifying
length of service in a category prescribed in the relevant rules for promotion
to a next higher category; and
(b) whether such notional service
can be counted for the purposes of probation in the promotional category.
2. Whether
such a restoration of promotion is made retrospectively, such restoration
normally includes the service benefits which would accrue to a member of
service had he been promoted in the normal course. In the case of normal course
of promotion, the duty period would have been reckoned for computing the
minimum qualifying service as well as for other purpose like probation,
sanction of increments etc. In this connection, the procedure/practice followed
in Government of India and the State Government of Karnataka and Tamilnadu has
been examined carefully. After careful consideration of all the aspects, the
Government have decided that the notional date of promotion may be taken into
consideration for computing the qualifying length of service in the feeder
category for promotion to the next higher category and that the notional
service may be counted for the purpose of declaration of probation also in the
feeder category.
3. In
this context, where notional promotions are decided to be given with
retrospective effect, the orders issued in the G.O.Ms.No.62, General
Administration (DPC-I) Department, dated the 8th February, 1989 shall also be
kept in view and the panel prepared on review/ revision by the inclusion of
fresh names should be restricted or limited to the number of persons whose
names are included in the original panel. If, in the process of review/
revision, it is decided to include the names of certain number of persons in
the panel, the names of an equal number of persons included at the end of the
original panel should be deleted from the same.
4. Necessary
amendment in this regard will be issued to the Andhra Pradesh State and
Subordinate Services Rules by the General Administration (Services.D)
Department, separately.
(BY ORDER AND IN THE NAME OF THE
GOVERNOR OF ANDHRA PRADESH)
