INDEX

RULES/INSTRUCTIONS REGARDING PREPARATION OF PANELS; AND

APPOINTMENT OF EMPLOYEES TO HIGHER CATEGORIES OF POSTS
WHILE DISCIPLINARY PROCEEDINGS ARE PENDING AGAINST THEM
1 Rule 5 & 6 of the A.P.State and Subordinate Service 01-04
Rules, 1996
2 G.O.Ms.No:187, GA (Ser.B) Dept., dt:25-04-1985 05-12
3 G.O.Ms.No:790, GA (Ser.C) Dept., dt:29-09-1970 13-14
4 G.O.Ms.No:211, GA (Ser.C) Dept., dt:31-03-1975 15
5 G.O.Ms.No:424, GA (Ser.C) Dept., dt:25-05-1976 16-17
6 G.O.Ms.No:104, GA (Ser.C) Dept., dt:16-02-1990 18-19
7 G.O.Ms.No:066, GA (Ser.C) Dept., dt:30-01-1991 20-21
8 G.O.Ms.No.074, GA (Ser.C) Dept., dt: 24-02-1994 22-24
9 G.O.Ms.No:203, GA (Ser.C) Dept., dt:05-05-1999 25-26
10 G.O.Ms.No:257, GA (Ser.C) Dept., dt:10-06-1999 27-30
11 Circular Memo.No:15813/Ser.C/2007, dt:11-09-2007 31-32
12 G.O.Ms.No:529, GA (Ser.C) Dept., dt:19-08-2008 33-34
13 G.O.Ms.No:593, GA (Ser.C) Dept., dt:21-10-2011 35-36
14 G.O.Ms.No:331, GA (Ser.C) Dept., dt:04-05-2013 37-38

EFFECTS OF PUNISHMENT
1 G.O.Ms.No:335, GA (Ser.D) Dept., dt:14-06-1993 39-40
2 G.O.Ms.No:968, GA (Ser.D) Dept., dt:26-10-1995 41
3 G.O.Ms.No:053, GA (Ser.C) Dept., dt:04-02-1997 42-43
4 G.O.Ms.No:342, GA (Ser.C) Dept., dt:04-08-1997 44-47
5 Circular Memo.No:34633/Ser.C/1999, dt:04-11-1999 48
6 Circular Memo.No:60897/Ser.C/99, dt:12-11-1999 49
7 G.O.Ms.No:335, GA (Ser.C) Dept., dated 04-08-2005 50-51
8 Circular Memo.No:5074/Ser.C/2009-1, dt:09-02-2009 52-53
9 Cir Memo.No:27052/Ser.C/A1/2010-5, dt:04-06-2011 54

MINIMUM SERVICE
1 G.O.Ms.No:627, GA (Ser.A) Dept., dt:21-12-1983 55-56
2 Rule-1(d) of APSSSRs, 1996
57
3 Rule-16(c)(iii) of APSSSRs, 1996
4 Memo.No:53975/Ser.D/2000-3, GA(Ser.D) Dept., 58-59
dated 09-01-2001
5 Circular Memo.No:28085/Ser.D/2011, GA (Ser.D) 60-61
Dept., dated 20-10-2011
6 G.O.Ms.No:230, GA (Ser.A) Dept., dt:31-05-2014 62-63
7 Circular Memo.No.13452-A/Ser-D/A2/2014-1, GA 64-65
(Ser.D) Department, Dated: 31.05.2014.
8 G.O.Ms.No:232, GA (Ser.B) Dept., dt:31-05-2014 66-67

REVIEW OF PANELS
1 Rule-23; 24 and 25 of APSSSRs, 1996 68-69
2 G.O.Ms.No:062, GA (Ser.A) Dept., dated 08-02-1989 70-71
3 G.O.Ms.No:354, GA (Ser.A) Dept., dated 11-05-1990 72-73
4 Rule-33(c) of APSSSRs, 1996 74
5 Review DPC requirements 75

1
 ROR IN PROMOTIONS
1 Rule-22 of APSSSRs, 1996 76-84
2 G.O.Ms.No:5, SW (SW.ROR.I) Dept., dt:14-02-2003 85-87
3 G.O.Ms.No:21, SW (SW.ROR.I) Dept., dt:18-03-2003 88-91
4 G.O.Ms.No:123, GA (Ser.D) Dept., dt:19-04-2003 92-93
5 G.O.Ms.No:2, SW (SW.ROR.I) Dept., dt:09-01-2004 94-100
6 G.O.Ms.No:76, SW (SW.ROR.I) Dept., dt:19-10-2004 101-102
7 G.O.Ms.No:91, SW (CV.I) Dept., dt:23-12-2004 103
8 G.O.Ms.No:16, SW (SW.ROR.I) Dept., dt:17-02-2005 104-105
9 G.O.Ms.No:17, SW (SW.ROR.I) Dept., dt:17-02-2005 106
10 G.O.Ms.No:18, SW (SW.ROR.I) Dept., dt:17-02-2005 107-108
11 Memo.No:8904/CV.1/2000, SW (CV.1) Dept., dated
109
01-12-2006
12 G.O.Ms.No:04, SW (SW.ROR.I) Dept., dt:24-01-2007 110-111
13 G.O.Ms.No:154, SW (SW.ROR.I) Dept., dt:30-07-2008 112-113
14 G.O.Ms.No:26, SW (SW.ROR.I) Dept., dt:20-02-2009 114-115
15 G.O.Ms.No:449, GA (Ser.D) Dept., dt:15-09-2009 116-117
16 G.O.Ms.No:23, Department for Women, Children, 118-122
Disabled & Senior Citizens, dated 26-05-2011
17 G.O.Ms.No:42, Department for Women, Children, 123-125
Disabled & Senior Citizens, dated 19-10-2011
18 Roster Points at a glance 126
19 Circular Memo.No:14721/ROR.1/2012, SW (ROR)
127-128
Department, dated 11-03-2013
20 G.O.Ms.No:3, Department for Women, Children,
Disabled & Senior Citizens (PROG.II), dated 129-130
12-2-2015

ACRs
1 Extracts of G.O.Ms.No:1385, GA (Ser.C) Dept.,
131-133
dt:31-10-1961
2 Memo.No:50/Ser.C/87-1, dt:12-02-1987 134-135
3 G.O.Ms.No:550, GA(DPC.I) Dept., 19-11-1987 136-137
4 G.O.Ms.No:04, GA (Ser.D) Dept., dt:03-01-1990 138-139
5 G.O.Ms.No:291, GA (DPC.Desk-I) Dept., 140-141
dt:26-10-1995
6 U.O.Note No:91290/Ser.C/2006, dated 7-12-2006 142-143
7 U.O.Note No:17290/DPC.I/2011-1, dt:09-06-2011 144-146
8 Circular Memo.No:10789/Ser.C/A2/2012-1, dated
147-153
9-4-2012
9 U.O.Note No:5943-A/DPC.I/2014-1, GA (DPC.I) Dept.
154-155
Dated 21-03-2014

2
 DEPUTATION/FOREIGN SERVICE
1 G.O.(P) No:10, Fin. & Planning (FW.FR.II) Dept.,
155-161
dated 02-01-1993
2 G.O.Ms.No:343, Fin. & Plg. Dept., dated 30-09-1994 162-164
3 G.O.Ms.No:128, Fin. (FR.I) Dept., dt:01-06-2007 165-166
4 G.O.Ms.No:129, Fin. (FR.I) Dept., dt:01-06-2007 167-168
5 G.O.Ms.No:2, Fin. (FR.II) Dept., dt:02-01-2010 169-171
6 U.O.Note No:17023/821/FR.II/2011, Finance (FR.II)
172-173
Department, dated 31-03-2012
7 Cir Memo No:22777/113/FR.II/12, Finance (FR.II)
174-175
Department, dated 11-09-2012.

JOINING TIME
1 Rule-11 of AP State and Subordinate Service Rules,
176
1996
2 G.O.Ms.No:145, GA (Ser.D) Dept., dt:15-06-2004 177-178
3 Circular Memo.No:28580-A/FR.I/2005, Finance (FR.I)
179-180
Department, dated 15-04-2006
4 Cir Memo No:10445/Ser.D/2011, GA (Ser.D) Dept.,
181-182
Dated 01-06-2011
5 G.O.Ms.No:227, GA (Ser.D) Dept., dt:30-05-2014 183-184

MISCELLANEOUS INSTRUCTIONS
1 G.O.Ms.No:397, GA (ARC&S) Dept., dt:26-07-1993 185-186
2 Memo.No:476/73-1, GA (ARC&B) Dept., dt:11-9-1973 187
3 Memo.No:58/DPC/86-1, Dated 03-02-1986 188
4 U.O.Note No:9/DPC.I/87-1, Dated 31-03-1987 189-190
5 G.O.Ms.No:189, GA (Ser.C) Dept., dated 20-04-1999. 191
6 G.O.Ms.No:230, GA (Ser.D) Dept., dated 22-05-1999. 192-193
7 Circular Memo.No:31549/Ser.D/99-1, dt:28-05-1999. 194
8 Circular Memo.No:31832/Ser.D/99-1, dt:31-05-1999 195
9 Memo.No:29114/Ser.D/99-3, dated 25-06-1999 196
10 U.O.Note No:44964/Ser.D99-1, dated 27-09-1999. 197
11 Memo.No:8942/203/L1/99-1, Law (L) Department,
198-199
dated 12-10-1999
12 Circular No:9388/LSP/L1/99, Law Department, dated
200-201
3-12-1999
13 Cir.Memo.No:11305/Ser.D/2000-1, GA (Ser.D)
202
Department, dated 03-03-2000.
14 Memo.No:20606/Ser.D/2007, GA (Ser.D) Department,
203-204
dated 25-10-2007.
15 Cir Memo.No:29381-B/DPC.I/2011-1, dt: 3-10-2011 205
16 U.O.Note No:29396.A/DPC.I/2012-1, dt:11-09-2012 206-209
17 G.O.Rt.No:1646, Law Dept., dated 20-09-2012 210-212
18 U.O.Note No:14351.A/DPC.II/203-1, dt:23-05-2013 213-214
19 Cir.Memo.No:16904.B/DPC.I/2013-1, dt:30-05-2013 215
20 Cir Memo.No:15906-A/DPC.I/2013-1, dt:17-06-2013 216-219
21 U.O.Note No:21856/DPC.I/2013-1, dt:25-07-2013 220
22 U.O.Note No:29692-A/DPC.I/2013-1, Dt:18-10-2013 221-224
23 Circular Memo.No:1280/230/G/2014, Law (G) 225-226
Department, dated 11-11-2014

3
24 G.O.Ms.No:143, PR&RD (Mandal.I) Department, 227-232
dt:15-11-2014.
25 Circular Memo.No:709/363/G/2015, Law (G) 233-234
Department, dated 19-03-2015
26 Writing of Minutes (Government of Kerala) 235-240

LIEN
1 Rule-21 of A.P.State and Subordinate Service Rules,
241
1996
2 Rule-30(e) of A.P.State and Subordinate Service
242
Rules, 1996
3 Fundamental Rules 12-15 243-248
4 G.O.Ms.No:144, Finance (FR.I) Department, dated
249-252
19-05-2009
5 G.O.Ms.No:127, Finance (FR.I) Department, dated
253-254
08-05-2012

PASSING OF DEPARTMENTAL TESTS

1 G.O.Ms.No:1799, GA (Ser.A) Dept., dated 07-10-1965 255
2 G.O.Ms.No:475, GA (Ser.C) Department, dated
256-257
20-09-1994
3 G.O.Ms.No:165, GA (Ser.C) Department, dated 258-259
22-04-1997.
4 Circular Memo.No:49152/Ser.C/97-2, GA (Ser.C)
260-261
Department, dated 28-07-1997
5 Circular Memo.No:10922/Ser.C/98, GA (Ser.C)
262-263
Department, dated 26-03-1998
6 U.O.Note No:37275/Ser.C/98-1, GA (Ser.C)
264
Department, dated 22-07-1998
7 G.O.Ms.No:225, GA (Ser.C) Department, dated
265-267
18-05-1999
8 G.O.Ms.No:748, GA (Ser.C) Dept., dt:29-12-2008. 268-269
9 G.O.Ms.No:411, GA (Ser.C) Dept., Dated 18-07-2011. 270-272
10 G.O.Ms.No:193, GA (Ser.C) Dept., dt:28-05-2014 273-274

Certain DPC information not covered under the rules

1 A person who his himself a candidate should not be a
member in the DPC
2 Procedure for taking decisions
3 Four members in a Committee – Two each side take 275-276
opposite views – Meeting will be held with Chief
Secretary to Government for a final decision
4 Article-14

Departmental Promotion Committees/Screening Committees for 1 st

and 2nd level Gazetted posts
1 G.O.Ms.No:275, GA (Ser.D) Dept., dated 21-06-1999 277-279
2 G.O.Ms.No:396, GA (DPC.I) Dept., dated 01-12-2004 280-281
3 U.O.Note No:21814/DPC.I/2007-1, GA (DPC.I)
282
Department, dated 10-10-2007.

4
 Finance Department instructions
1 Memo.No:4510/265/A1/Admn.II/2007, Finance
283-284
(Admn.II) Department, dated 23-06-2007

Departmental Promotion Committees/Screening Committees for 1 st

and 2nd level Gazetted posts
1 Certain definitions (Rule-2 of APSSSRules, 1996) 285-287
2 Certain Definitions (As per Service Law Dictionary) 288-292
3 Foreign words and phrases often used in official
293-295
communications
4 Proformae – Seniority; Charges Classification and
296-300
Brief extract of ACRs
5 DPC Master Copy 301-302
6 Categorization of charges/allegations 303
7 Gist of orders in GO Ms.790 etc., 304-307

5
 Rule-5 & 6 OF AP STATE AND SUBORDINATE SERVICE RULES, 1996

(5) SELECTION POSTS:- (a) All first appointments to a State Service and
all promotions / appointment by transfer in that service shall be made on
grounds of merit and ability, seniority being considered only where merit and
ability are approximately equal, by the appointing authority as specified in
sub-rule (a) of rule 6 from the panel of candidates. Such panel shall be
prepared as laid down in rule 6 by the appointing authority or any other
authority empowered in this behalf.

(b) Non-selection posts: - No non-gazetted post should be treated as

selection post. Promotion and appointment by transfer to higher posts other
than those mentioned in sub-rule (a) shall be made in accordance with
seniority-cum-fitness, unless.

(i) such promotion or appointment by transfer of a member has

been with held as a penalty; or

(ii) a member is given special promotion for conspicuous merit and

ability.

6. METHOD OF PREPARATION OF PANELS:- (a) The panel of approved

candidates referred to in sub-rule (a) of rule – 5 shall be prepared by the
appointing authority or any other authority empowered in this behalf, in
consultation with, the Departmental Promotion Committee in respect of posts
outside the purview of the Andhra Pradesh Public Service Commission and
Screening Committee in respect of the posts within the purview of the Andhra
Pradesh Public Service Commission to recommend the names to the
Commission. The appointing authority shall make appointments of candidates
from such panel/list, in the order in which the candidates in such panel are
arranged in their order of preference.

(b) The panel of candidates for appointment by transfer to a service or

a class of service in any case, where the Commission is not consulted on the
suitability of candidate for such appointment under sub-clause (b) of Clause
(3) of Article 320 of the Constitution of India or for promotion, shall be
prepared ordinarily during the month of September every year on the basis of
estimate of vacancies sent in terms of sub-rule (d). First September of the
year shall be reckoned as the qualifying date to determine the eligibility of a
candidate for such appointment, which shall cease to be in force on the
afternoon of the 31st December of the succeeding year or till the next panel is
prepared whichever is earlier and for the purpose of preparing the said panel,
the zone of consideration shall be in the ratio of 1:3. The period from 1st
September of the year to the 31st August of the succeeding year shall be
reckoned for purpose of determining the number of vacancies during the
panel:

Provided that for promotion in respect of Scheduled Caste and

Scheduled Tribe candidates only, the zone of consideration in the ratio of 1:3,
shall not be applicable in respect of posts whose total cadre strength is more
than five. (Amended in G.O. Ms. No. 123, G.A. (Ser-D) Dept., dt: 19.4.2003)

13
 Provided further that if the number of candidates to be included in the
panel falls short of the number of vacancies estimated such shortfall shall be
made good by considering the claims of the other qualified and eligible
candidates, if any, in the seniority list place immediately below.

Provided also that the panel of candidates so prepared shall be

reviewed after a period of six months reckoned from the date of approval of
the panel, for the purpose of considering the cases of such other persons
whose names were not included in the panel prepared earlier for not passing
the prescribed tests or for not having special qualifications prescribed under
the rules, if they have subsequently passed those tests or acquired the said
qualifications and are otherwise found suitable for inclusion in the panel of the
year. No such review of list of approved candidates shall, however, be
undertaken where no tests or special qualifications are prescribed under the
rules as condition precedent for promotion or appointment by transfer:

Provided also that no panel of candidates need be prepared;

(i) if vacancies are not available for the particular panel period
subject to the appointing authority recording a certificate to
that effect; or

(ii) where the appointing authority does not consider it necessary.

Provided also that the Government may order preparation of panel of

candidates as frequently as may be necessary in the exigencies of
administration.

(c) The panel of candidates for promotion or appointment by transfer

to a service or class of a service, in any case where it is necessary to consult
the Commission on the suitability of candidates for such appointment shall be
prepared ordinarily in the month of September every year reckoning 1st
September of the year as the qualifying date to determine the eligibility of a
candidate for such appointment, which shall cease to be in force on the
afternoon of 31st December of the succeeding year or till the next panel is
prepared whichever is earlier. The period from first September of the year to
31st August of the succeeding year shall be reckoned for purpose of
determining the number of vacancies during the panel.

(d) The panel of candidates under sub rule (b) or sub-rule (c) shall
consist of such number of candidates as is equal to the number of vacancies
which are estimated to arise on the following basis during the currency of that
list;
(i) the existing vacancies, including the vacancies which were not
filled up in the previous years for any reason:

(ii) (1) vacancies to arise owing the retirement;

(2) Consequential vacancies due to promotion or appointment

by transfer;

Provided, that when the number of qualified and eligible candidates to

be included in the panel of candidates is less than the number of vacancies
estimated to arise during the currency of that list, such number of candidates

14
eligible and found fit only shall be included in the panel irrespective of the
number of vacancies.

(e) A panel of candidates shall also be prepared taking into account

the vacancies not exceeding 10% of the total estimate of vacancies, ignoring
fraction of less than half or 0.5 and rounding of fraction of ½ or more i.e. 0.5
and above to the next nearest number as reserve to fill up the vacancies
likely to last for more than 2 months on account of:-

(i) deputation;
(ii) training;
(iii) long leave; or

Provided also that the candidates kept in reserve in the approved list
shall be not less than one, where the estimate of vacancies is five or less than
five.

(f) Inclusion of a candidate’s name in any panel of candidates of any

State Service, class or category shall not confer on him any right for
appointment to such service, class or category.

(g) The following persons shall be considered for inclusion in any

panel prepared under sub-rules (b) and (c):-

(i) Persons who are qualified on the qualifying date including those
who had been included in the previous panel of approved
candidates but who have not commenced their probation.

(ii) Persons who had not possessed the prescribed qualifications at

the time of preparation of the previous panel, but who have
since acquired such qualification and are qualified as on the
qualifying date.

(iii) Persons who were qualified but were considered unsuitable for
inclusion in the previous panel and who continue to possess the
prescribed qualifications.

Explanation:- In considering the inclusion of persons, who had been

included in the previous panel but who had not commenced their probation, in
the current panel it shall not be necessary to carry forward their names
without having regard to their relative merit and ability with reference to the
relative merit and ability of other candidates coming up for fresh
consideration. If such candidates are included in the current panel it shall not
be necessary to arrange them in the same order in which they had been
arranged in the previous panel.

(h) Persons included in more than one panel:- Where a

candidate’s name has been included in different panels of approved
candidates for more than one service, the cadre controlling authority of the
panel in which the candidate’s name is included, should intimate the cadre
controlling authority of the other panel of the inclusion of the name of the
candidate in the former panel and it shall be the duty of the cadre controlling
authority of the parent cadre to intimate the inclusion of the candidate’s name
to such other cadre controlling authority, if any, in whose panel the same
candidate’s name had been sponsored for inclusion by the cadre controlling

15
authority, of the parent cadre. The cadre controlling authority of the parent
cadre to intimate the inclusion of the candidate’s name to such other cadre
controlling authority, if any, in whose panel the same candidate’s name had
been sponsored for inclusion by the cadre controlling authority of the parent
cadre. The cadre controlling authority of the parent cadre shall require the
candidate to initiate the service to which the candidate wishes to be
appointed. On receipt of such intimation, the cadre controlling authority of the
parent cadre shall inform the other cadre controlling authorities and such
candidate’s name shall be removed by such cadre controlling authority from
the panel or panels of approved candidates for such service or services to
which the candidate does not wish to be appointed.

(i) Non Selection Posts:- For non selection posts referred to in sub
rule (b) of rule 5 the appointing authority shall prepare a list of eligible
employees every year i.e. from first September of the year to 31st August of
the succeeding year after considering the record sheet and the qualifications
prescribed for the said post in the relevant Special Rules for promotion to
next higher category of non selection post.

8. ELIGIBILITY FOR PROMOTION OR APPOINTMENT BY TRANSFER:

For appointment to a higher post either by promotion from one

category to another within a service or by appointment by transfer from one
service to another service, a member of a service or class of a service, shall
have satisfactorily completed his probation in the category from which he is
proposed to be promoted or appointed by transfer to such higher post.

Rule-12(3) (b) of AP State and Subordinate Service Rules says that “no
person shall be eligible for appointment to a post by promotion or
appointment by transfer unless he possesses the academic qualifications and
technical or other qualification and has passed the departmental and other
tests and has satisfactorily completed any course or training prescribed in the
special rules as a prerequisite qualification, for the post, to which he is to be
appointed by promotion or by transfer.”

Rule-16 (c)(iii) of AP State and Subordinate Service Rules says that “a

probationer in any category, class or service shall be eligible to count for
probation his service in a higher category of the same service or class, as the
case may be, or in any other service (State or Subordinate Service) towards
his probation in the former service, to the extent of the period of duty
performed by him in the latter service during which he would have held the
post in the former service but for such appointment in the latter service.”

16
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
PUBLIC SERVICES – Departmental Promotion Committees – Reconstitution and
guidelines – Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-B) DEPARTMENT
G.O.Ms.No.187 Dated 25th April, 1985.
Read the following:-

1. G.O.Ms.No.283, G.A. (ARC&S) Department, dated: 30.05.1973.

2 G.O.Ms.No.397, G.A. (ARC&S) Department, dated: 26.07.1973.
3. G.O.Ms.No.337, G.A. (Ser-B) Department, dated: 18.06.1983.
4. G.O.Ms.No.5464, G.A.(Ser-B) Department, dated:14.11.1980.
-ooOoo-
O R D E R:
In the G.Os first to second read above orders were issued to constitute
Departmental Promotion Committees for promotion to the various categories of non-
gazetted posts and gazetted posts promotion to which are outside the purview of
Andhra Pradesh Public Service Commission. The question of streamlining the
functioning of the Departmental Promotion Committees in order to ensure maximum
objectivity in the appraisal of merit and ability has been engaging the attention of
Government for sometime. In the G.O. fourth read above, a committee was constituted
under the Chairmanship of Sri G.R.Nair, IAS, Principal Secretary to Government,
Revenue Department to formulate suitable guidelines in this regard. The report
submitted by the above Committee was placed before the Secretaries meeting held on
12.3.1985. The recommendations of Sri G.R.Nair Committee were broadly endorsed in
the Secretaries meeting. The recommendations of G.R.Nair Committee were carefully
examined by the Governor and the following orders are issued.

2. In order to secure maximum degree of objectivity in the appraisal of merit and

ability of Government employees for selection to various posts and also to ensure
certain minimum level of uniformity in terms of procedures and principles to be
adopted by the Departmental Promotion Committees, it has been decided to constitute
Departmental Promotion Committees at 2 levels in place of the existing D.P.Cs. The
composition of the Committees would be as follows:-

1st level D.P.C. to consider the cases for promotion to the posts of Heads of
Departments (non-cadre) Additional Secretaries to Government, Joint Secretaries to
Government in the Departments of Secretariat (non-cadre).

1. Chief Secretary to Government …. Chairman

2. Principal Secretary to Government to be nominated by …. Vice-Chairman
Chief Secretary
3. Secretary to Government, General Admn.(Services) …. Member/
Department Convenor
4. Another Secretary to Government to be nominated by …. Member
Chief Secretary
5. Secretary/Principal Secretary to Government of the …. Member
concerned Administrative Department

17
2nd level Departmental Promotion Committees. to consider the cases for promotion to
the posts in 3rd level Gazetted and above other than those to be considered by the 1 st
level Committee.

1. Principal Secretary to Government to be …. Chairman

nominated by Chief Secretary
2. Secretary to Government, General Administration …. Member/Convenor
(Services) Department
3. Secretary to Government to be nominated by …. Member
Chief Secretary
4. Secretary to Government of the concerned …. Member
Administrative Department
5. Concerned Head of the Department …. Member

3. In view of the work load for the 2nd level Committees it has been decided to
constitute 3 (three) Committees following the above pattern of composition. Orders
regarding the distribution of the Departments among the three Committees will be
issued separately. However, in respect of the Departmental Promotion Committees
constituted for the first level gazetted posts, the existing Departmental Promotion
Committees will continue to process the cases.

4. In order to ensure that the cases are processed in accordance with the
concerned Special/ad hoc rules, it has been decided that the proposals formulated in
each Department would be scrutinized by General Administration (Services) Department
and then only placed before the Departmental Promotion Committees. The Schedule of
meetings of the Committees will be notified by the General Administration (Services)
Department separately. However, the basic work relating to examination of cases with
reference to special rules obtaining and furnishing of all the relevant information
including Confidential Reports would continue to rest with the Administrative
Department. All the Departmental Promotion Committees constituted earlier except
the Departmental Promotion Committees constituted to consider the cases of first level
gazetted posts cease to function with immediate effect. If the earlier Departmental
Promotion Committees have already furnished their recommendations, which are
pending in the Government, they need not be against placed before the Departmental
Promotion Committees now ordered to be constituted.

5. In accordance with the recommendations of the Committee, the following

revised guidelines are issued for the functioning of the above Committees.

The Zone of consideration would be determined as follows:-

No. of vacancies No. of Officers to be considered

(a) 1 ….. 5
(b) 2 ….. 8
(c) 3 ….. 10
(d) 4 or more ….. 3 times the number of vacancies

18
6. Prescription of qualifying date to determine a Candidate’s eligibility for
promotion:

It has been decided that 1st September of every year should be reckoned as the
qualifying date to determine one’s eligibility for promotion and the General Rules would
be amended accordingly. If however the needs of a particular service warrant
prescription of some other dates or where a different date has already been prescribed
in the Special Rules the Administrative Department may consider the matter in
consultation with General Administration (Services) Department and make a suitable
provision or amendment in the Special Rules:

7. Prescription of a common proforma in which information could be given to the

D.P.Cs. for furnishing their recommendations:

In order to ensure that the information furnished to the Departmental

Promotion Committees is complete and that no vital information to be placed before
the Departmental Promotion Committee is missed the information to be furnished to
the Departmental Promotion Committees should in the Proforma prescribed in the
Annexure to this order.

8. Number of years for which C.Rs. should be considered:

It has been decided that evaluation of the Confidential Reports of the last 5
years would be adequate to assess the suitability of a person for promotion. In cases
where the Confidential Reports of the 5 preceding years are not available, the
Confidential Reports of 5 years in the preceding period of 8 years and also a special
report from the Officer under whom the individual is working at the time should be
taken into consideration.

9. Procedure to be followed where adverse remarks have not been communicated

or where a representation is pending against such adverse remarks:

It has been decided that adverse remarks which have not been communicated
should not be taken into consideration. In cases where a representation filed by the
individual before the competent authority for expunction of adverse remarks is pending
or the time allowed for submission of the representation is not over, the consideration
of the individual’s case should be deferred. After the competent authority has taken a
decision on the representation, the case should be placed again before the
Departmental Promotion Committee.

10. (a) Procedure to be followed in evaluating cases of persons against whom

enquiries are pending:

It is brought to the notice of the Committee that there is ambiguity in the

instructions issued in G.O.Ms.No.424, General Administration (Ser-C) Department, dated
25-05-1976 as to their application to case where enquiries are in the preliminary stage.
In order to avoid any ambiguity, it is ordered that the instructions in G.O.Ms.No.424
General Administration (Ser-C) Department, dated 25-05-1976 should be followed only
when the enquiry has reached the following stage:-

19
 1. In the case of Departmental enquiry, definite charges are framed against the
individual or proposed to be framed or where it is proposed to appoint an
enquiry officer under rule 19(2) of the C.C.A.Rules.

2. In respect of enquiry by the A.C.B., a preliminary enquiry has been completed

and it is proposed to hold a regular enquiry.

10. (b) Thus, in respect of departmental enquiries, if the charges have not been
framed or proposed to be framed and the matter is in the stage of preliminary enquiry,
no cognizance need be taken and the case of an individual may be considered on merits
disregarding the allegations which are under enquiry. Similarly in respect of the A.C.B.
enquiry, if it is in the stage of preliminary enquiry the eligibility of a candidate’s
promotion may be determined without reference to the enquiry by the A.C.B.

11. Procedure to be followed to process the cases of persons who had undergone
punishment:

It has been decided that an individual, who is undergoing punishment, should

not be recommended for promotion. In case, where the period of punishment imposed
is already over, each case has to be evaluated by Departmental Promotion Committee
on merits.

12. Grading of Officers – Procedure to be followed:

It has been decided that the Members of Departmental Promotion Committees

should be through the Confidential Reports of the candidates who come within the zone
of consideration and after arriving at a consensus, grade the officers into one of the
following categories:

1. Outstanding
2. Good
3. Satisfactory, and
4. Unfit.
Officers who are graded in the unfit category should not be included in the panel.
Officers who are included in the other grades would be arranged keeping all the officers
classified as outstanding first according to their seniority and then officers who have
been categorized as good etc.

13. (a) Scope of review Departmental Promotion Committees:

It has been decided that in respect of the following cases the matter should
again be placed before the Departmental Promotion Committees for review, in addition
to the circumstances mentioned in G.O.Ms.No.32, General Administration (Ser-B)
Department, dated 22-01-1981.

(a) when eligible persons were omitted to be considered , or

(b) Ineligible persons were considered by mistake, or

20
 (c) where the seniority of a person is revised with retrospective effect to differ
with the seniority list placed before the earlier Departmental Promotion
Committee, or
(d) where some procedural irregularity was committed by Departmental
Promotion Committee, or

(e) when adverse remarks in the Confidential Reports were toned down or
expunged after the Departmental Promotion Committee had considered
the case of the officer; or
(f) cases of persons considered and included in the panel in terms of
G.O.Ms.No.424, General Administration (Ser-C) Department, Dt:25-05-1976
but who were subsequently awarded minor punishment.
(g) Where the penalty imposed has been revoked after the DPC had considered
the case of the officer
[Added by G.O.Ms.No:34, GA (DPC-I) Dept., dt:24-01-1989]

13. (b) Further when a review Departmental Promotion Committee meets, it should
consider only those persons who were eligible as on the date of Original Departmental
Promotion Committee meeting except in the cases covered by G.O.Ms.No.32, General
Administration (Ser-B) Department, dt:22.1.1981. The review Departmental Promotion
Committee should restrict its scrutiny to the Confidential Reports, for the period
relevant to the FIRST Departmental Promotion Committee. The Confidential Reports
written for subsequent period should not be considered. However, if any adverse
remarks relating to the relevant period, were toned down or expunged, the modified
confidential reports should be considered as if the original adverse remarks did not exist
at all.

14. It has also been decided that no non-gazetted posts should be treated as
Selection posts. Orders were already issued in G.O.Ms.no.82, General Administration
(Ser-C) Department, dated 21-02-1985 abolishing the maintenance of the Confidential
Reports in respect of all non-Gazetted categories except those which are feeder
categories to gazetted posts. All Departments of the Secretariat should take immediate
action to amend the relevant rules to be consistent with the above decision. The
Departmental Promotion Committees constituted for preparation of panels for
promotion to all non-gazetted posts stand abolished with immediate effect.

15. The instructions issued earlier in the references 1 to 3 which are not consistent
with these orders, should be deemed to have been modified to the extent necessary.

16. Necessary amendments to General Rule 4 regarding preparation of panels and

notification of qualifying date will be issued by General Administration (Services-D)
Department separately.

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

SHRAVAN KUMAR
Chief Secretary to Government

21
 ANNEXURE
PROFORMA IN WHICH PROPOSALS SHOULD BE SUBMITTED TO D.P.C.

1. Name of Department/Office:
2. Name and designation of Members of the Departmental Promotion Committee: (copy of
the orders constituting the D.P.C. to be attached).
Name Designation
3. Post to which promotion is to be made:
Number of permanent/ Number of vacancies filling
Temporary posts in the in the promotion quota
Grade
Designa classific Scale of Filled Unfilled Filled Existing Anticipa Total
tion ation Pay on ted
ad hoc
basis

3. (a) Number of vacancies out of total vacancies for promotions shown in last column 3
above reserved for
(1) Scheduled Caste………………….
(2) Scheduled Tribe ………………….
(3) Backward Classes………………..
4. Recruitment Rules for the Grade Post:
(a) Date on which Recruitment Rules were issued
(b) Method of Recruitment prescribed:
(i) % direct recruitment
(ii) % promotion
(iii) % deputation/transfer
(c) Whether an up-to-date copy of the recruitment rules has been enclosed (this should
invariably be sent for reference). If any changes in the recruitment rules have been
agreed to by the Commission after they were notified, details should be attached. If,
after the approval of the recruitment rules any other post has been created which
should normally be included in the field of promotion, give details.
5. Grade Post from which promotion is to be made:
Designation Classification Scale of Recruitment Whether reservations
Pay prescribed are required to be
for made for SC & ST and
eligibility BCs for promotion
for from this Grade post
promotion indicated in S.No.3
above in accordance
with orders in this
regard.

22
6. Seniority list
(a) Whether a seniority list as in the prescribed proforma has been enclosed. The
seniority list should include names of eligible and ineligible candidates up to the
last eligible candidate as per Zone of Consideration.
(b) Whether the list, before finalization was circulated to all concerned.

(c) Whether there are any officers whose seniority has not been finalised. If so,
give details.
(d) Whether the seniority list has been duly authorised by the appointing authority
or the Dy.Secy. of the concerned Department,
7. Character Rolls:
Complete and up-to-date character rolls of all the eligible officers are required.
(a) Whether a list (in duplicate) been attached showing the names of Officers
whose character rolls are enclosed with this reference.
(b) Are the character rolls complete and up-to-date.
8. Self contained note for the D.P.C.
The self contained note for the DPC explaining proposals for promotion should
invariably contain information regarding any representations/writs/court cases pending
in connection with the present promotion indicating the names of aggrieved parties and
the present stage of cases. If there are any Government/Court/Tribunal orders relating
to the promotion which the DPC has to keep in view may also be indicated in the note.
Whether any enquiry/charges are pending against the persons being considered for
promotion and if so the present stage may be indicated.

* This information may be furnished Signature :__________________

wherever the special/adhoc rules
Designation:__________________
provides for reservation in promotions
for SCs, STs, and B.Cs only. Date : ______________________
vide item 6 of the DPC proforma
Seniority list of all Officers in the Grade of _______________________ as on -
___________
Sl. Name of * whether Date of Date of Post held Whether Remarks
No. the Officer belongs to Birth regular on qualified for
Scheduled appoint regular promotion
Caste or ment for basis or not
Scheduled the grade
Tribe or
Backward
Class. If
not, say
neither.
(1) (2) (3) (4) (5) (6) (7) (8)

23
 ** Signature of Authenticating Officer
Designation_______________
Dated____________________

* this information may be furnished

wherever the Special/Adhoc Rules provides
for reservation in promotions for SCs, STs.,
and BCs only

** to be signed by an Officer or above the

rank of Deputy Secretary.

24
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Promotion /

Appointment of employees to higher posts while investigation into the
allegations / disciplinary proceedings initiated against them are pending.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No.790 Dated: 29th Sept. 1970.

-ooOoo-

O R D E R:

At present there are no clear instructions as to the action to be

followed in regard to consideration of cases of Government employees for
promotion for appointment to higher posts while disciplinary proceedings’ are
pending against them or when they are under suspension. Consequently,
there has been no uniformity in the procedure followed by various appointing
authorities in such cases. The question, therefore, was considered by the
Services Sub-Committee of Secretaries to Government at its meeting held on
24-2-1970. The Committee recommended as follows.

“it was felt that the provisional withholding of promotions would be

justified in the following categories of cases:-

(a) Where an officer has been placed under suspension; or

(b) Where charges have been framed and disciplinary proceedings

initiated, and the charges are so grave that if they be held proved,
the officer would not be promoted; or

(c) Where an investigation has been conducted by the Anti-

Corruption Bureau and it is established that there is a prima-face
case for prosecution of taking disciplinary action on charges which,
if held proved would warrant the supersession of the officer.

In cases where promotions are ordered deferring consideration of claims of

any officers in the cases aforementioned, the Committee considered that it
should be specifically stipulated that such promotions would be without
prejudice to the claims of the officers the consideration of which has been
deferred pending the clearance of the charges against them. Cases of all such
officers as fall under the categories (a), (b) and (c) mentioned above should
immediately proceedings, be reviewed for promotion as also for their rightful
ranking in the light of the final outcome of these proceedings.

The Committee felt that promotion need not be withheld where the
charges against an officer relate to minor lapses and have no bearing on the
integrity or efficiency of an officer and which even it proved, will not stand in
the way of the officer being promoted.

25
2. The Government, after careful consideration, accept the above
recommendations of the services Sub-Committee of the Secretaries to
Government and direct that:-

(i) Provisional withholding of promotions would be justified in cases

failing under categories (a)(b) (c) mentioned in para 1 ante.

(ii) Where promotions are ordered, deferring consideration of the

claims of any such officers as fall under the categories (a) (b) (c)
mentioned in para 1 ante it should be specifically stipulated that
such promotions would be without prejudice to the claims of the
officers the consideration of which has been deferred pending the
clearance of the charges against them. Cases of all such officers as
fall under the categories (a). (b) (c) mentioned in para 1 ante
should, immediately after the conclusion of the disciplinary
proceedings be reviewed for promotion, as also for their rightful
ranking in the light of final outcome of these proceedings.

(iii) Promotion need not, however, be withheld where the charges

against an officer relate to minor lapses and have no bearing on
the integrity of efficiency of an officer and which even if proved will
not stand in the way of the officer being promoted.

3. The heads of Departments and Collectors etc. are requested to see

that the above instructions are followed by all competent authorities, under
their administrative control, in matters of promotion or appointment by
transfer Government employees to higher posts while investigation into the
allegations / disciplinary proceedings initiated against them are pending.

4. The receipt of this Memo. should be acknowledged.

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

M.T.RAJU,
CHIEF SECRETARY TO GOVERNMENT.

26
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Promotion/

Appointment of employees to higher posts while investigation into the
allegations/disciplinary proceedings initiated against them are pending.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No.211 Dated the 31st March, 1975.

Read the following:-

1. G.O.Ms.No.790, General Administration (Services.C)

Department, dated.29.9.1970.

2. From the Andhra Pradesh Public Services Commission,

Lr.No. 2494/B1/3/74, dated: 19.3.1975.

***
O R D E R:

In partial modification of the G.O. cited and considering the impact of

certain judgment of the High Court on the instructions issued in the G.O.
cited, Government direct that consideration for promotion on over all merits
should not be kept in abeyance or deferred in the cases falling under the
categories (b) and (c) in para 1 of the G.O. cited viz.,

(i) where charges have been framed and disciplinary proceedings initiated
and the charges are so grave that if they be held proved, the officer
would not be promoted; or

(ii) where an investigation has been conducted by the anti corruption

Bureau and it is established that there is a prima facie case for
prosecution or taking disciplinary action charges which, if held proved,
would warrant the supersession of the officer.

On the other hand, Government direct that such cases also should be
given consideration to meet requirements of the principles of naturals justice.

2. The Heads of Departments, Collectors etc., are requested to see that

the above instructions are followed by all competent authorities under their
administrative control in matters of promotion or appointment by transfer of
government servants to higher posts, in cases where investigation into the
allegations or disciplinary proceedings initiated against them are pending.

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

N.BHAGAWANDAS,
CHIEF SECRETARY TO GOVERNMENT.

27
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Promotion/

Appointment of employees to higher posts while investigation into the
allegations/disciplinary proceedings initiated against them are pending –
Revised Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No.424. Dated the 25th May, 1976.

Read the following:-

1. G.O.Ms.No.790, General Administration (Services.C)

Department, dated:29-09-1970.
2. G.OMs.No.211, G.A.(Services-C) Department, dt:31-03-1975.

-ooOoo-
O R D E R:

Government have carefully considered the existing instructions

regarding consideration of the claims for promotion of officers who are facing
enquiry in any departmental proceedings or before a Criminal Court or whose
conduct is under investigation and against whom Departmental proceedings
or Criminal Prosecution is about to be instituted, and have decided that the
following procedure shall be followed in such cases.

2. Officers who are facing enquiry, trial investigation can be categorized

into the following groups based on the nature of the allegations / charges
pending against them or about to be instituted.

(i) an officer with a clean record the nature of charges/allegations against

whom relate to minor lapses having no bearing on his integrity or
efficiency, which even if held proved, would not stand in the way of his
being promoted;

(ii) an officer whose record is such that he would not be promoted,

irrespective of the allegations/charges under enquiry, trial or
investigation; and

(iii) an officer whose record is such that he would have been promoted had
he not been facing enquiry, trial or investigation, in respect of charges
which, if held proved, would be sufficient to supersede him.

3. The suitability of all officers eligible for promotion including those

mentioned above should be assessed at the time of consideration of
promotion by the Departmental Promotion Committee or other authority, as
the case may be. The Departmental Promotion Committee or other authority
may consider promotion of officers coming under category (i) above and
indicate the rank to be assigned to such officers in the promotion list,
notwithstanding the enquiry, trial or investigation. Similarly, suppression may
be recommended straightway in respect of officers coming under category
(ii), on ground of their being unfit for promotion. In the case of officers
coming under category (iii) the Departmental Promotion Committee or other
authority should consider whether such an officer would have been

28
recommended for promotion, if the officer had his conduct not been under
enquiry trial or investigation, and make its recommendations and the rank to
be assigned to him in the promotion list, in such cases the Departmental
Promotion Committee may make a specific recommendation that their
promotion should be deferred until after the termination of the disciplinary
proceedings or criminal prosecution.

4. In the event of there being an officer whose promotion has been

recommended to be deferred, the vacancy that could have gone to the officer
should be filled only on a purely temporary basis by the next person in the
approved list of candidates for promotion. If the officer concerned is
completely exonerated he should be promoted to the post filled on a
temporary basis, restoring him his rightful place in the list of promoted
officers with restoring him his rightful place in the list of promoted officers
with retrospective effect.

5. In cases where an officer is under suspension pending enquiry,

investigation of trial the provisional withholding of promotions would be
justified and the instructions issued in G.O.Ms.No.790, General Administration
(Ser-C), dated 29-9-1970 would continue to apply.

6. This order issues in supersession of the order issued in

G.O.Ms.No.211, General Administration (Services-C) Department dated
31-3-1975.

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

N.BHAGAWANDAS
CHIEF SECRETARY TO GOVERNMENT

29
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Promotion /

appointment of employees to higher posts while investigation into the
allegations / disciplinary proceedings initiated against them are pending –
Further Instructions – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No.104 Dated 16-12-1990

Read the following:-

1. G.O.Ms.No.790, General Administration (Services-C)

Department, dated.29-09-1970.
2. G.OMs.No.211. General Administration (Services-C)
Department, dated 31-03-1975.
3. G.OMs.No.424. General Administration (Services-C)
Department, dated 25-05-1976.
4. O.M.No.22011/2/89-Estt.(A), Dated 12-1-1988, Govt. of India,
Dept. of Personnel and Training.

-ooOoo-
O R D E R:

In the G.O. third read above, instructions have been issued, among
other things, for consideration of the claims for promotion of Officers who are
facing enquiry in any Departmental proceedings of before a criminal court or
whose conduct is under investigation and against whom departmental
proceedings or criminal prosecution is about to be instituted as per the
procedure laid down therein. It has also been ordered in para 2 (iii) of the
said G.O. that in the case of an officer whose record is such that he would
have been promoted had je not been facing enquiry, trial or investigation, in
respect of charges which, if held proved, would be sufficient to supersede
him, the Departmental Promotion committee or other authority should
consider whether such an officer would have been recommended for
promotion, of the officer, had his conduct not been under enquiry, trial or
investigation, and make its recommendations and the rank to be assigned to
him in the promotion list. In such cases, the Departmental Promotion
Committee or other authority may make a specific recommendation that their
promotion should be deferred until after the termination of the disciplinary
proceedings or criminal prosecution.

However, there are no instructions to defer promotion / appointment

to higher post of an officer included in the panel, if between the date of such
inclusion in the panel and actual ate promotion, investigation /inquiry/trial
has been taken up against an officer so included in the panel and the charges
are serious enough to warrant categorization of that officer into the group
referred to in para 2 (iii) of the G.O. third read above. The Government of
India, have issued instructions in their O.M. fourth read above to defer
promotion / appointment in such cases, until after the termination of such
proceedings.

30
 The Government have examined the issue, keeping in view the
instructions issued by the government of India in this regard, and decided
that promotion / appointment by transfer to higher post of an office included
in the panel, if between the date of inclusion in the panel and the date of
actual promotion, disciplinary proceedings / investigation / enquiry / trial has
been taken up against such officer whose case falls under the group referred
to in para 2 (iii) of the G.O. third read as mentioned in para 1 above shall be
deferred, until after termination of all such proceedings. In the event, the
officer concerned is completely exonerated, he should be promoted/appointed
to the post restoring him his rightful place with retrospective effect viz., with
effect from the date on which his immediate junior was promoted or from the
date on which he would have been promoted, has the enquiry / investigation
/ trial not been initiated against him, as the case may be.

All Departments of Secretariat / Heads of Departments are requested

to follow the above instructions scrupulously and bring them to the notice of
all concerned.

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

G.R.NAIR,
CHIEF SECRETARY TO GOVERNMENT.

31
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Promotion /

appointment of employees to higher posts while investigations disciplinary
proceedings initiated against them are pending – Further orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No.66. Dated:30.1.1991.
Read the following:-

1. G.OMs.No.424, General Administration (Services-C)

Department, dated 25-05-1976.
2. G.OMs.No.187, General Administration (Services-B)
Department, dated 25-04-1985.
3. G.OMs.No.104, General Administration (Services-C)
Department, dated 16-02-1990.

-ooOoo-
O R D E R:

In the G.O. first and second read above, instructions have been
issued, among other things, for consideration of claims for promotion of
officers who are facing enquiry in any Departmental proceedings or before a
criminal court or whose conduct is under investigation and against whom
departmental proceedings or criminal prosecution is about to be instituted, as
per the procedure laid down therein. In the G.O. third read above,
instructions have been issued that promotion / appointment by transfer to
higher post of an officer include din the panel, if between the date of inclusion
in the panel and the date of actual promotion, disciplinary proceedings /
investigation / enquiry / trial has been taken up against such office whose
case falls under the group referred to in para 2 (iii) of the G.O. first read
above, shall be deferred, until after termination of all such proceedings.

2. The Supreme Court in State of Madhya Pradesh Vs. Bani Singh, 1990
Crl. Ltd. 1315 has observed as follows:-

“Normally, pendency or contemplated initiation of disciplinary

proceedings against a candidates must be considered to have
absolutely no impact upon to his right to be considered. If the
departmental enquiry had reached the stage of framing of charges
after a prima-facie case has been made out, the normal procedure
followed as mentioned by the Tribunal was ‘sealed cover’ procedure
but if the disciplinary proceedings had not reached that stage of
framing of the charge after prima-facie cases established the
consideration for the promotion to a higher or selection grade cannot
be withheld merely on the ground of pendency of such disciplinary
proceedings. Deferring the consideration in the Screening Committee
Meeting held on 26-11-1980 on this ground was therefore
unsupportable.”

32
3. In another case, in C.O. Armugam and others Vs. State of Tamil Nadu
and others 1990(1) S.L.R. P.298 the Supreme Court observed thus:

“----------------------- it is necessary to state that every civil servant

has a right to have his case considered for promotion according to his
turn and it is guarantee flowing from Arts.14 and 16 (1) of the
Constitution. The consideration of promotion could be postponed only
on reasonable grounds. To avoid arbitrariness, it would be better to
follow certain uniform principle. The promotion of persons against
whom charge has been framed in the disciplinary proceedings or
charge-sheet has been filed in criminal case may be deferred till the
proceedings are concluded. They must, however, be considered for
promotion if they are exonerated or acquitted from the charges. If
found suitable, they shall then be given the promotion with
retrospective effect from the date from which their juniors were
promote.”

4. It is obvious from the above observations of the Supreme Court that a

promotion of member of service can be deferred if in the departmental
enquiry or criminal case instituted against him charge has been framed or a
charge-sheet has been filed against him, as the case may be.

5. Government, however, hereby direct that promotion / appointment by

transfer to a higher post in respect of officers who are facing disciplinary
proceedings or a criminal case or whose conduct is under investigation and
whose case falls under the group referred to in para 2 (iii) of the G.O. first
read above, shall be deferred, only when charges of misconduct are framed
by the competent authority and served on the concerned delinquent officer,;
or a charge-sheet has been filed against him in criminal court, as the case
may be.

6. The instructions issued earlier in the G.Os. read above which are not
consistent with these orders, should be deemed to have been modified to the
extent necessary.

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

V.P.RAMARAO
CHIEF SECRETARY TO GOVERNMENT.

33
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Promotion /

appointment to higher posts of officers – Who are involved in Enquiries –
Further Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No.74. Dated:24.02.1994
Read the following:-

1. G.O.Ms.No.424, General Administration (Services-C)

Department, dated 25-05-1976.
2. G.O.Ms.No.104, General Administration (Services-C)
Department, dated 16-02-1990.
3. G.O.Ms.No.066, General Administration (Services-C)
Department, dated 30-01-91.

-ooOoo-

O R D E R:

In the G.Os. read above, instructions have been issued for

consideration of the claims for promotion of officers who are facing enquiry in
any Departmental proceedings or before a Criminal Court or whose conduct is
under investigation and against whom Departmental proceedings or criminal
prosecution is about to be instituted.

2. During the meeting of the Secretaries to Government held on

7-7-1992, the issue of inordinate delays in finalizing enquiries both
Departmental and Anti-Corruption Bureau resulting in hardship to the
employees, was discussed and an Officers Committee was constituted, to
examine among others, the issue of “Promotion of Officers” involved in
Enquiries and to submit proposals for review of the existing instructions. The
Committee has accordingly made certain recommendations which have been
accepted by the Standing Sub-Committee of Secretaries to Government in
their meeting held on 6-12-1993.

3. Keeping in view the said recommendations and the procedure and

guidelines issued by the Department of Personnel and Training, Ministry of
Personnel, Public Grievances and Pension, Government of India vide their
Memorandum No.22011/4/91, Estt.A. Dated 14-9-1992, Government direct
that the following procedure be followed for promotion of Officers against
whom disciplinary cases are pending.

4. The appointing authorities concerned should specifically bring to the

notice of Departmental Promotion Committee/Screening Committee the
following categories of disciplinary cases:-

i) Officers under suspension

ii) Officers in respect of whom a charge sheet has been issued and
the disciplinary proceedings are pending
iii) Officers in respect of whom prosecution for a criminal charge is
pending.

34
5. The Departmental Promotion Committee/Screening Committee shall
assess the suitability of the officers coming within the purview of the
circumstances mentioned above, along with other eligible candidates following
the procedure prescribed in G.O.Ms.No.424, General Administration (Ser.C)
Department, dated 25-5-1976.

6. In cases where the Officer’s promotion is deferred in terms of

G.O.Ms.No.424 General Administration (Ser.C) Department, dated 25-5-76
and the proceedings have not been disposed of, such cases should be
reviewed by the Departmental Promotion Committee in its next meeting to
ascertain the progress made in the Disciplinary proceedings/Criminal
Prosecution and further measures taken to expedite their completion.

7. There may be some cases, where the disciplinary case/criminal

prosecution against the Officers is not concluded even after the expiry of two
years from the date of the meeting of the first Departmental Promotion
Committee. In such a situation, the appointing authority may review the case
of the Officers, provided they are not under suspension, to consider the
desirability of giving them ad hoc promotion, keeping in view the following
aspects:-

a) Whether the promotion of the officer will be against public

interest.

b) Whether the charges are grave enough, to warrant continued

denial of promotion.

c) Whether there is any likelihood of the case coming to a

conclusion in the near future.

d) Whether the delay in the finalization of proceedings,

departmental or in a Court of Law, is not directly or indirectly
attributable, to the officer concerned.

e) Whether there is any likelihood of misuse of official position

which the officer may occupy after ad hoc promotion, which
may adversely affect the conduct of the departmental
case/criminal prosecution.

8. If the disciplinary proceedings arose out of the investigations

conducted by the Anti-Corruption Bureau, the Anti-Corruption Bureau should
also be consulted and its views should be taken into account.

9. In case the appointing authority consider that it would not be against

the public interest to allow ad hoc promotion to the officer concerned, his
case should be placed before the next Departmental Promotion Committee
held in the normal course to decide whether the officer is suitable for
promotion on ad hoc basis. Where the officer is considered for ad hoc
promotion, the Departmental Promotion Committee should made its
assessment on the basis of the totality of the individual’s record of service
without taking into account the pending disciplinary case/criminal prosecution
against him/her.

35
10. If a decision is taken to promote an officer on an ad hoc basis, an
order of promotion may be issued making it clear in the order itself that:-

i) The promotion is being made on purely ad hoc basis and the ad

hoc promotion will not confer any right for regular promotion,
and

ii) The promotion shall be until further orders. It should also be

indicated in the orders that the Government reserve the right to
cancel the ad hoc promotion and revert at any time the officer
to the post from which he was promoted.

11. If the officer concerned is acquitted in the criminal prosecution on the

merits of the case or is fully exonerated in the departmental proceedings, the
ad hoc promotion already made may be confirmed and the promotion treated
as a regular one from the date of the ad hoc promotion with all attendant
benefits. In case the officer could have normally got his regular promotion
from a date prior to the date of his ad hoc promotion with reference to his
placement in the Departmental Promotion Committee Proceedings, and the
actual date of promotion of the person ranked immediately junior to him by
the same Departmental Promotion Committee, he would also be allowed his
due seniority and benefit of notional promotion.

12. If the Officer is not acquitted on merits in the criminal prosecution but
purely on technical grounds and Government either proposes to take up the
matter to a higher court or to proceed against him departmentally or if the
officer is not exonerated in the departmental proceedings, the ad hoc
promotion granted to him should be brought to an end.

13. The orders issued in the G.Os. read above shall be deemed to have
been modified to the extent necessary as per these orders.

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

K. JAYABHARATH REDDY,
CHIEF SECRETARY TO GOVERNMENT.

(Note: This G.O. has been cancelled by G.O.Ms.No:257, General

Administration (Services-C) Department, dated 10-6-1999)

36
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Appointment by promotion/transfer to higher categories –

Recommendation of Member of Service against whom a series of penalties are
awarded – Further guidelines – Orders – Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No:203 Dated 05-05-1999

Read the following:-

G.O.Ms.No:187, GA (Ser.B) Department, dated 25-04-1985.

-ooOoo-

O R D E R:

According to the orders issued in the G.O. read above, an individual

who is undergoing punishment should not be recommended for promotion. In
cases, where the period of punishment imposed is already over, each case
has to be evaluated by Departmental Promotion Committee on merits.

2. It has come to the notice, that where an officer had undergone a

number of punishments, but they are not subsisting at the time of the
meeting of the Departmental Promotion Committee or the Screening
Committee and the Committees are not very comfortable in recommending
his name but the existing instructions are such that they are interpreted to
mean that a person can be recommended for promotion if there is no
subsisting punishment besides there is being no charges or adverse entries
even though he might have undergone a number of punishments in the past.
It is noticed that in some Screening Committees or Departmental Promotion
Committees where the presiding officer is very strict they do not recommend
a person if in the past there are punishments even though at the time of the
meeting there is no punishment subsisting. Government considers that this is
the correct stand because a person who undergoes a number of punishments
does not deserve to be promoted to a selection post even though at the time
of Departmental Promotion Committee or Screening Committee meeting no
punishment is subsisting. It is therefore decided to modify the existing
instructions to the Departmental Promotion Committees or Screening
Committees to the effect that they should take into account the overall
performance of the officer concerned which includes past punishments and
not merely be guided by the fact whether a punishment is subsisting as on
the date of the meeting of the Departmental Promotion Committee or
Screening Committee or on the qualifying date for the preparation of the
panel.

37
3. The Departments of Secretariat, Heads of Departments and the
District Collectors are requested to follow the above guidelines for preparation
of list of candidates for promotion or appointment by transfer to next higher
categories.

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

N.V.H. SASTRY,
SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to:
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, A.P.Administrative Tribunal, Hyderabad.
The General Administration (COI.CH)/(COI.R) Department.
All Special Chief Secretaries to Government
All Secretaries/Principal Secretaries to Government.
All Chairman, Departmental Promotion Committees/Screening Committees.
The Secretary to Vigilance Commissioner, A.P.Vigilance Commission,
Hyderabad.
The Secretary, A.P.Public Service Commission, Hyderabad.

//Forwarded::By order//

SECTION OFFICER

38
 GOVERNMENTOF ANDHRA PRADESH
ABSTRACT

Public Services – State and Subordinate Services – Appointment by

Promotion/Transfer to higher categories of Employees who are facing
disciplinary case – Guidelines – Issued.

GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No.257. Dated 10-06-1999.

Read the following:

1. G.O.Ms.No.424, GA (Ser.C) Dept., dt.25-05-76.

2. G.O.Ms.No.104, GA (Ser.C) Dept., dt.16-02-1990.
3. G.O.Ms.No.66, GA (Ser.C) Dept., dt.30-01-91.
4. From the Dept. of Personnel & Training, Ministry of Personnel,
Public Grievances & Pensions Govt.of India, Memo.No.22011/
4/91-Estt. (A), dt.14-09-1992.
5. G.O.Ms.No.74, GA (Ser.C) Dept., dt.24-02-94.
6. G.O.Ms.No.203, GA (Ser.C) Dept., dt.05-05-99.

-ooOoo-

ORDER:

In the G.Os 1st to 3rdread above, orders were issued enunciating

guidelines for consideration of employees who are facing disciplinary enquiries
in regard to their appointment by promotion or transfer to higher categories.

2. In the reference fourth read above, the Ministry of Personnel, Public

Grievances and Pensions, Government of India have issued guidelines in
regard to consideration of Government servants against whom disciplinary or
court proceedings are pending or whose conduct is under investigation, for
promotion to next higher categories. Keeping in view the said guidelines,
orders have been issued in the G.O. fifth read above, for consideration of
employees for ad hoc promotion where the disciplinary case/criminal
prosecution against the Govt. employees is not concluded even after the
expiry of two years from the date of the meeting of the first Departmental
Promotion Committee, in which the employee was considered, in case the
employee is not under suspension.

3. It has come to the notice of Government, that the guidelines issued in

the said orders are not being strictly adhered to in several departments and
ad hoc promotion is being considered on the simple ground, that two years
period has elapsed after institution of disciplinary proceedings against the
employee without going into the desirability of making ad hoc promotion in
such case. The Government have carefully reviewed the issue and accordingly
it has been decided to cancel the orders issued in the G.O. fifth read above
and issue suitable guidelines on the subject.

39
4. Accordingly, orders issued in the G.O.Ms.No.74, General
Administration (Ser-C) Department, dated the 24th February, 1994 are hereby
cancelled with immediate effect.

5. Government also order that with immediate effect the following

procedure and guidelines, be followed to consider the employees against
whom disciplinary cases or criminal prosecution are pending or whose conduct
is under investigation, for appointment by promotion or transfer, to next
higher categories.

A. The details of employees in the zone of consideration for promotion

falling under the following categories should be specifically brought to
the notice of the Departmental Promotion Committees or Screening
Committees:-

(i) Officers under suspension;

(ii) Officers in respect of whom a charge sheet has been issued and
the disciplinary proceedings are pending;

(iii) Officers in respect of whom prosecution for a criminal charge is

pending.

B. Officers who are facing enquiry, trial or investigation can be

categorised into the following groups based on the nature of the
allegations of charges pending against them or about to be instituted
namely:-

(i) an officer with a clean record, the nature of charges or allegations

against whom relate to minor lapses having no bearing on his integrity
or efficiency, which even if held proved, would not stand in the way of
his being promoted;

(ii) an officer whose record is such that he would not be promoted,

irrespective of the allegations or charges under enquiry, trial or
investigation; and

(iii) an officer whose record is such that he would have been promoted
had he not been facing enquiry, trial or investigation, in respect of
charges which, if held proved, would be sufficient to supersede him.

C. The suitability of the officers for inclusion in the panel should be

considered on an overall assessment based on the record which should
include namely:-

(i) Adverse remarks recorded in the Annual Confidential reports, the

penalties awarded and the bad reputation of the officer as
vouchsafed by the Head of the Department and the Secretary to
Government of the Department concerned;

The above cases should be considered as falling under category

(ii) of item (B) above.

40
 (ii) The officers who do not have any adverse entry in the Annual
Confidential Report, and who have no penalties awarded against
them in the entire duration of the post and not merely in the past
five years and whose reputation is vouchsafed by the Head of the
Department and Secretary to Government of the Department
concerned should be considered as falling under category (iii) of
item (B) above.

The officers categorised as under item (iii) of G.O.Ms.No.424, GA

(Ser.C) Dept., dated 25-05-76 as mentioned above only should be
considered for adhoc promotion after completion of two years
from the date of the Departmental Promotion committee or
Screening committee Meeting in which their cases were
considered for the first time.

6. The appointing authority should consider and decide that it would not
be against public interest to allow ad hoc promotion to the officer concerned
and this shall be decided with reference to the charge under enquiry. If the
charge is one of moral turpitude, misappropriation, embezzlement and grave
dereliction of duty then the appointing authority should consider as not in the
public interest to consider ad hoc promotion to such charged officer. But,
however, if the charge is not a grave one but is a minor one, not involving
moral turpitude, embezzlement and grave dereliction of duty then only in
such cases he appointing authority should consider that it would not be
against public interest to allow ad hoc promotion because till then his record
is clean with reference to ACRs, past punishment and reputation in the
department as vouchsafed by the Head of the Department and Secretary to
Government. The appointing authorities should strive to finalise the
disciplinary cases pursuing them vigorously so that within two years the
proceedings are concluded and final orders issued.

7. If the Officer concerned is acquitted, in the criminal prosecution on the

merits of the case or is fully exonerated in the departmental proceedings, the
ad hoc promotion already made may be confirmed and the promotion treated
as a regular one from the date of the ad hoc promotion with all attendant
benefits. In case the officer could have normally got his regular promotion
from a date prior to the date of his ad hoc promotion with reference to his
placement in the Departmental Promotion Committee proceedings and the
actual date of promotion of the person ranked immediately junior to him by
the Departmental Promotion committee, he would also be allowed his due
seniority and benefit of notional promotion.

8. If the Officer is not acquitted on merits in the criminal prosecution but

purely on technical grounds and Government either proposes to take up the
matter to a higher Court or to proceed against him departmentally or if the
Officer is not exonerated in the departmental proceedings, the adhoc
promotion granted to him should be brought to an end.

41
9. All the Departments of Secretariat and Heads of Departments should
follow the above instructions scrupulously and bring it to the notice of all the
concerned.

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

V.ANADARAU,
CHIEF SECRETARY TO GOVERNMENT

To
All Departments of Secretariat.
All Heads of Departments.
All Collectors/District Judges.
The Registrar, A.P. Administrative Tribunal, Hyderabad.
The Registrar, A.P. High Court, Hyderabad.
The Secretary, A.P Public Service commission, Hyderabad.
The Secretary to Vigilance Commissioner, A.P.Vigilance commission,
Hyderabad.
All Service Sections in Genl.Admn.Department.

// Forwarded by Order//

Section Officer

42
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

Cir.Memo.No:15813/Ser.C/2007 Dated 11-09-2007

Sub:- Public Services – State & Subordinate Services – Promotion/

Appointment of employees to higher posts while
investigation into allegations/disciplinary proceedings
initiated against them are pending – Orders issued –
Reiterated.

Ref:- 1) G.O.Ms.No:424, GA (Ser.C) Dept., dt:25-05-1976

2) G.O.Ms.No:104, GA (Ser.C) Dept., dt:16-02-1990
3) G.O.Ms.No:066, GA (Ser.C) Dept., dt:30-01-1991
4) G.O.Ms.No:257, GA (Ser.C) Dept., dt:10-06-1999
5) Cir.Memo.No:36500/Ser.C/2005, GA (Ser.C) Dept.,
dated 19-04-2006.

-ooOoo-

In the G.O. 1st cited, orders were issued on the procedure to be

followed assess the suitability of officer’s eligibility for promotion to next
higher category and to categorize the officers who are facing enquiry, trial
investigation into the following groups based on the nature of
allegations/charges pending against them or about to be instituted:-

(i) an officer with a clean record the nature of charges / allegations

against whom relate to minor lapses having no bearing on his integrity
or efficiency, which even if held proved, would not stand in the way of
his being promoted.

(ii) an officer whose record is such that he would not be promoted,

irrespective of the allegations / charges under enquiry, trial or
investigation; and

(iii) an officer whose record is such that he would have been promoted had
he not been facing enquiry trial or investigation, in respect of charges
which, if held proved, would be sufficient to supersede him.

2. The suitability of all officers eligible for promotion including those

mentioned above should be assessed at the time of consideration of
promotion by the Departmental Promotion Committee or other authority, as
the case may be. The Departmental Promotion Committee or other authority
may consider promotion of officers coming under category (i) above and
indicate the rank to be assigned to such officers in the promotion list.
notwithstanding the enquiry, trial or investigation. Similarly, suppression may
be recommended straightway in respect of officers coming under category
(ii), on ground of their being unfit for promotion. In the case of officers
coming under category (iii) the Departmental Promotion Committee or other
authority should consider whether such an officer would have been
recommended for promotion, if the officer had his conduct not been under
enquiry trial or investigation, and make its recommendations and the rank to
be assigned to him in the promotion list, in such cases the Departmental
Promotion Committee may make a specific recommendation that their

43
promotion should be deferred until after the termination of the disciplinary
proceedings or criminal prosecution.

3. In G.O.Ms.No:104, GA (Ser.C) Dept., dt:16-02-1990, orders issued

“that promotion/appointment by transfer to higher post of an officer included
in the panel, if between the date of inclusion in the panel and the date of
actual promotion, disciplinary proceedings / investigation / enquiry / trial has
been taken up against such officer whose case falls under the group referred
to in para 2 (iii) of the G.O.Ms.No:424, GA (Ser.C) Dept., dt:25-05-1976 shall
be deferred, until after termination of all such proceedings. In the event, the
officer is completely exonerated, he should be promoted/appointed to the
post restoring him his rightful place with retrospective effect viz., with effect
from the date on which his immediate junior was promoted or from the date
on which he would have been promoted, had the enquiry / investigation / trial
not been imitated against him, as the case may be”.

4. In the G.O. 3rd cited, orders were issued that promotion/appointment

by transfer to a higher post in respect of officers who are facing disciplinary
proceedings or a criminal case or whose conduct is under investigation and
whose case falls under the group referred to in para 2(iii) of G.O.Ms.No:424,
GA (Ser.C) Dept., dated 15-05-1976 shall be deferred only when charges of
misconduct are framed by the competent authority and served on the
concerned delinquent officer or a charge sheet has been filed against him/her
in a criminal court, as the case may be.

5. In the G.O. 4th cited, orders were issued to consider adhoc promotion
to the employees who are facing disciplinary cases, where such cases are
pending for more than (2) years from the date of the Departmental Promotion
Committee or Screening Committee meeting in which their cases were
considered for the first time.

6. Instructions were issued in the reference 5 th cited, for expeditious

completion of disciplinary cases against Government employees wherein it is
stated that if the delay is on the part of the Enquiry Officer in conducting
inquiry, disciplinary action will be initiated against such Enquiry Officer for the
delay.

7. The orders/instructions issued in the references cited are reiterated

and direct the competent authority to ensure that the promotion to the
Government employees shall be considered in accordance with the orders/
instructions and procedure laid down. Wherever, the employees are facing
disciplinary cases such employees shall be considered in accordance with the
categorization ordered in G.Os 1st to 4th cited. It shall be ensured that the
employees are considered for promotion to their rightful place at right time as
per the orders in vogue. It should be the earnest endeavour of the
Government to meet the objective of a sense of satisfaction of the work force
for the smooth and efficient administration at all levels.

8. All the Departments of Secretariat, Heads of Departments and District

Collectors should follow the above orders/instructions scrupulously and bring
it to the notice of all concerned.

J. HARI NARAYAN,
CHIEF SECRETARY TO GOVERNMENT

44
 GOVERNMENTOF ANDHRA PRADESH
ABSTRACT

Public Services – Promotion of the employees to the next higher category –

Further Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No. 529 Dated:19-08-2008.

Read the following:-

1. G. O. Ms. No. 424, Genl.Admn. (Ser-C) Deptt., dated. 25-5-76.

2. G. O. Ms. No. 104, Genl.Admn.(Ser-C) Deptt., dated.16-02-90.
3. G. O. Ms. No. 66, Genl.Admn. (Ser-C) Deptt., dated.30-01-91.
4. G. O. Ms. No. 203, Genl.Admn. (Ser-C) Deptt., dated.05-05-99
5. G. O. Ms. No. 257, Genl.Admn.(Ser-C) Deptt., dated.10-06-99.
6. Circular Memo. No.15813/Ser-C/2007, General Administration
(Services-C) Department, Dated.11-09-2007.

-ooOoo-

ORDER:

In the G.O.’s read above, orders were issued on the procedure to be

followed to consider promotions when the employees are facing the
disciplinary cases. It was ordered that where disciplinary cases are not
concluded even after two years and the promotion to the employees is
deferred due to pendency of the disciplinary cases, ad-hoc promotions shall
be considered pending finalization of the disciplinary cases. In-spite of these
specific orders, the Employees associations have brought to the notice of the
Government that due to pendency of the disciplinary cases for years together,
the employees are denied even the ad hoc promotion for next higher
categories. It is also brought to the notice of the Government that in criminal
cases registered against the employees, such employees are not considered
for promotion even though they are acquitted, due to appeal filed in the
Higher Courts.

2. After careful consideration, Government direct to consider the cases of

employees for promotion to the next higher categories wherever the charges
are held not proved by the Criminal Court and acquitted them, even though
an appeal is preferred before the higher Court against such acquittal.

3. All the Departments of Secretariat, Heads of Departments and District

Collectors should follow the above instructions scrupulously and bring it to the
notice of all the concerned for strict implementation.

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

P.RAMAKANTH REDDY
CHIEF SECRETARY TO GOVERNMENT
To
All Departments of Secretariat.
All Heads of Departments / All District Collectors.
The Registrar, A.P. Administrative Tribunal, Hyderabad.
The Registrar, High Court of A.P., Hyderabad.
The Secretary A.P. Public Service Commission, Hyderabad.

45
The Secretary to Vigilance Commissioner,
Andhra Pradesh Vigilance Commission, Hyderabad.
All Service Sections in G. A. D.
SF/SC.

//FORWARDED::BY ORDER//
SECTION OFFICER

46
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Employees acquitted by trial courts – Appeal preferred before

the higher courts – Promotion of the employees to the next higher category –
Amendment – Orders – Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No. 593 Dated: 21-10-2011.

Read:

G.O.Ms.No.529, General Administration (Services-C) Department,

dt.19-8-2008.

*******
ORDER:

In the G.O., read above, orders were issued to consider the cases of
employees for promotion to the next higher categories, wherever charges are held
not proved by the criminal court and acquitted them, even though an appeal is
preferred before the higher court against such acquittal.

2. It has been brought to the notice of the Government that a number of

proposals are being placed before Departmental Promotion Committees /
Screening Committees to review the cases of the employees for promotion to the
next higher categories retrospectively, on par with their juniors, where appeals are
pending in Higher court against their acquittal by the trial court. It is therefore felt
necessary to issue a suitable amendment to the G.O., read above.

3. The Government, after careful examination of the matter, hereby makes

the following amendment to the orders issued in G.O.Ms.No.529, General
Administration (Services-C) Department, dt.19-8-2008:-

AMENDMENT

In the paragraph 2 of the said G.O., the following words shall be added at
the end namely:-

“Such promotion shall be purely on temporary basis with

prospective effect and subject to outcome of the appeal pending
before higher court. Such consideration shall be in the ensuing
Meeting of the Departmental Promotion Committee / Screening
Committee only.”

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

B.VENKATESWARA RAO
SECRETARY TO GOVERNMENT (Ser. & HRM)
To
All the Departments of Secretariat.

47
All the Heads of Departments.
All the District Collectors.
The Registrar, High Court of AP, Hyd.
The Registrar, APAT, Hyderabad.
The Secretary, APPSC, Hyderabad.
The Secretary to VC, APVC.
Copy to:
The Law (E) Department.
All the Service Sections in GAD.
The PS to Spl.CS to CM.
The PS to Chief Secy.
The PS to Secy.(Ser.)
The PA to Dy.Secy.(Ser.)
SF/SCs
//FORWARDED:: BY ORDER//
SECTION OFFICER

48
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – State and Subordinate Services - Promotion/Appointment of

employees to higher posts in respect of the cases, where charges were
dropped or penalty orders are modified etc., - Further Orders – Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No.331 Dated:03.05.2013
Read the following:-

1) G.O.Ms.No.424, G.A.(Ser.C) Dept., Dt. 25.05.1976.

2) G.O.Ms.No.187, G.A.(Ser.B) Dept., Dt.25.04.1985.
3) G.O.Ms.No.34, G. A. (DPC.I) Dept., Dt.24.01.1989.
4) Circular Memo No.60897/Ser.C/99, G.A.(Ser.C) Dept.,
Dt.12.11.1999.

-ooOoo-

O R D E R:

In the G.O first read above, orders were issued, among others,
prescribing the procedure to be followed while considering the claims for
promotion of the Officers who are facing enquiry in any departmental
proceedings or before a criminal court or whose conduct is under investigation
and against whom Departmental proceedings or criminal prosecution is about
to be instituted.

2. In the G.O. second read above, orders were issued reconstituting the
Departmental Promotion Committee’s with revised guidelines to determine
the eligibility of an employee for consideration for promotion. As per Para 11
of said G.O., the name of the employee, who is undergoing punishment,
should not be recommended for promotion. Further, as per para-13(a) of the
said G.O., read with G.O.Ms. No.34, GA (DPC.I) Department, dt.24-1-1989,
the case of the officer where the penalty imposed has been revoked after the
Departmental Promotion Committee had considered his case should again be
placed before the Departmental Promotion Committee for review.

3. In the Circular Memo fourth read above, certain instructions were

issued to the effect, that the disciplinary proceedings cannot be deemed to
have been concluded unless they end with one of the penalties mentioned
under CCA Rules or clearly state the fact that the delinquent officer is
exonerated and charges are dropped. When words like “warning”, or “let off”,
or “to be more careful in future” etc., are used in final order, it is to be
construed that the charges and the guilt of the officer have been proved, but
a lenient view is taken and no punishment is awarded. Such action will not be
in accordance with the provisions of the Andhra Pradesh Civil Services
(Classification, Control and Appeal) Rules, 1991 and it was requested to keep
the above in view while issuing final orders.

49
4. In spite of the aforesaid orders / instructions, it has come to the notice
of the Government that in several cases, the original order of penalty is being
modified in appeal or revision petition by the authorities concerned after a
lapse of considerable time i.e., after more than three years and in certain
cases, even after ten years and also after retirement of the employee on
humanitarian grounds. Further, in certain cases, charges are being dropped
on humanitarian grounds, taking a lenient view etc., instead of the merits of
the case. In criminal cases also, the delinquent officers are being acquitted by
the Courts giving benefit of doubt. As such, they are claiming all the
consequential benefits with retrospective effect by quoting the aforesaid GOs/
Circular Memorandums, which lead to additional burden on State Exchequer
and also resulting in disturbing the settled seniority, besides legal
complications.

5. In view of the aforesaid circumstances, the Government after careful

examination of the matter, issue further orders that promotions shall be
considered with prospective effect only in subsequent panel years duly placing
the matter before the Departmental Promotion Committee/ Screening
Committee afresh in respect of the cases where;
(i) Charges were dropped using the words such as let off, warning,
to be more careful in future, on humanitarian grounds, on
benefit of doubt etc.,

(ii) Original order of penalty was modified on appeal or revision,

after elapse of stipulated time (or) on humanitarian grounds
(or) due to retirement etc.,

(iii) The individual was acquitted by courts on benefit of doubt in

criminal cases.

6. All the Departments of Secretariat, Heads of Departments and District

Collectors shall follow the above instructions scrupulously and bring it to the
notice of all the concerned.

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

B.VENKATESWARA RAO
SECRETARY TO GOVERNMENT (SER & HRM)

To
All the Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to: The Registrar, High Court of A.P., Hyderabad.
The Registrar, A.P. Administrative Tribunal, Hyderabad.
The Secretary, A.P. Public Service Commission, Hyderabad.
The Secretary to Vigilance Commissioner,
A.P. Vigilance Commission, Hyderabad.
All Service Sections in General Administration Department.
The Law (E) Department.
SF/SC.

//FORWARDED : : BY ORDER//

SECTION OFFICER

50
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Andhra Pradesh Civil Services (Classification, Control and

Appeal) Rules, 1991 – Stoppage of increments with cumulative effect –
Following the procedure under Rule 22 (2), treating it as major penalty –
Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No:335 Dated 14-6-1993

Read the following:-
G.O.Ms.No.487, G.A.(Ser.C) Dept., dt. 14-9-92.

-ooOoo-

ORDER:

In “Kulwant Singh Gill vs. State of Punjab” (1990(3) SLJ-135) the

Supreme Court held, “withholding of increments” of pay simpliciter without
any hedge over it certainly comes within the meaning of Rule 5(iv) of the
Rules. (Corresponding to Sub-Clause IV of Rule 9 of the Andhra Pradesh Civil
services (Classification, Control and Appeal) Rules, 1991). But when penalty
was imposed withholding two increments i.e., for two years with cumulative
effect, it would indisputably mean that the two increments earned by the
employee was cut off as a measure of penalty forever in his upward march of
earning higher scale of pay. In other words the clock is put back to a lower
stage in this time scale of pay and on expiry of two years the clock starts
working from that stage afresh. The insidious effect of the impugned order by
necessary implication, is that the appellant employee is reduced in his
timescale by two places and it is imperpetutity during the rest of tenure of his
service with a direction that two years increments would not be counted in his
time-scale of pay as a measure of penalty. Considering from this angle we
have no hesitation to hold that the impugned order would come with the
meaning of Rule 5(v) of the said rules; (corresponding to Sub-Clause (iv) of
Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and
Appeal) Rules, 1991); it is major penalty and imposition of the impugned
penalty without enquiry is per se illegal”.

2] The Andhra Pradesh Administrative Tribunal in O.A.No:8527/1991,

dated 4-6-1991, while relying on the above judgment of the Supreme Court,
has set aside the orders issued by the Government in G.O.Rt.No.73, HM&FW
Dept., dt. 11-1-1990 on the ground that Rule 9(1)(iii) of the Andhra Pradesh
Civil Services (CCA) Rules, 1963 does not empower the disciplinary authority
to impose penalty of withholding increments of pay with cumulative effect
except after holding an inquiry and following the prescribed procedure and
considered that the said order issued by the Government is without
jurisdiction or authority of Law.

3] The Andhra Pradesh Civil Services (CCA) Rules, 1991, have been
issued through G.O.Ms.No.487, dated 14-09-92. The said rules came into
force with effect from 01-10-92. Rule 22 of the said Rules deals with the
procedure for imposition of Minor penalties. Among others, according to
Sub-Rule (2) of Rule 22, notwithstanding anything contained in Clause (b) of

51
sub-rule (1), if in a case it is proposed, after considering representation, if
any made by the Government servant under clause (a) of that sub-rule, to
withhold increments of pay and such withholding of increments is likely to
affect adversely the amount of pension payable to the Government servant or
to withhold increments of pay for a period exceeding three years or to
withhold increments of pay with cumulative effect for any period, an inquiry
shall be held in the manner laid down in sub-rules (3) to (23) of Rule 20,
before making any order imposing on the Government servant any such
penalty. In other words, for imposing the penalty of withholding of increments
of pay with cumulative effect for any period, the elaborate procedure
prescribed under Rule 20 of the said Rules for imposition of a major penalty,
have to be followed. The penalty of stoppage of increments with cumulative
effect, therefore amounts to a major penalty under the A.P.C.S. (CCA) Rules,
1991, and the procedure for imposition of major penalty prescribed in these
rules will have to be followed.

4] All the Departments of Secretariat and Heads of Departments are

requested to keep in view the above rule position while dealing with cases
where it is proposed to impose the punishment of stoppage of increments,
keeping in view the provisions of Sub-Rule (2) of Rule 22 of Andhra Pradesh
Civil Services (CC&A) Rules, 1991.

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

A. CHENGAPPA,
SECRETARY TO GOVERNMENT.

52
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PS – State and Subordinate Services – Promotion/appointment to higher

posts of officers who are involved in Enquiries – Further orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No:968 Dated 26-10-1995

Read the following:-

1. G.O.Ms.No.187 G.A.(Ser.B) Dept., dt. 25-4-85.

2. G.O.Ms.No.335 G.A.(Ser.C) Dept., dt. 14-6-93.

-ooOoo-

ORDER:

In para 11 of the G.O. first read above, orders were issued individual
who is undergoing punishment should not be recommended for promotion. In
cases, where the period of punishment imposed is already over, each case
has to be evaluated by the Departmental Promotion Committee on merits. In
the G.O. second read above, orders were issued to the effect that the penalty
of stoppage of increments with cumulative effect amounts to a major penalty
under the Andhra Pradesh Civil Services (Classification, Control and Appeal)
Rules, 1991 and the elaborate procedure prescribed under rule 20 of the said
rules is to be followed.

2] A question arose whether the punishment of stoppage of increment

with cumulative effect constitutes a permanent bar for promotion and also
whether it is with or without cumulative effect, the punishment should be
deemed to be subsisting to the extent of the number of annual grade
increments stopped. There is a suggestion that if it is a case of stoppage of
increments with cumulative effect, the punishment should be deemed to run
for twice the period for which the increment is stopped for. For example, if
the punishment is the stoppage of two increments with cumulative effect, the
Officer should be denied of his promotion/appointment by transfer for four
years.

3] After careful consideration, it has been decided that since the fact that
the stoppage of increment with cumulative effect is a major penalty under the
Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules,
1991, the Government direct that whenever any Government servant is
punished with the stoppage of increment with cumulative effect, the cases of
such Officers shall not be considered for promotion/appointment by transfer
for twice the number of years for which the increment(s) is/are stopped with
cumulative effect.

4] All Departments of Secretariat/Heads of Departments shall follow the

above orders scrupulously and bring it to the notice of all concerned.

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

M.S. RAJAJEE,
CHIEF SECRETARY TO GOVERNMENT.

53
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

PS – Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules,

1991 – Minor penalties – Censure – Further clarification – Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No:53 Dated 4-2-1997

Read the following:-

1. G.O.Ms.No.187 G.A.(Ser.B) Dept., dt.25-4-85.

2. Memo.No.322/Ser.B/87-6 GAD dt.8-2-88.

-ooOoo-
ORDER:

According to sub-rule (i) of rule 9 of the Andhra Pradesh Civil Services

(Classification, Control and Appeal) Rules, 1991, “Censure” is declared as a
minor penalty. Para 11 of the G.O. first read above provides that an
individual, who is undergoing punishment, should not be recommended for
promotion and where the period of punishment imposed is already over, each
period of punishment imposed is already over, each case has to be evaluated
by Departmental Promotion Committee on merits. In the Government Memo.
second read above, instructions were issued to the effect that solitary
instance of minor punishment such as censure, fine, withholding of
increments or recovery from pay of the pecuniary loss caused to the State
Government or Central Government undergone or being undergone by a
Government employee by itself does not automatically render a person unfit
for promotion to a non-selection post.

2] The Government of India, Ministry of Home Affairs, in its instructions

issued in O.M.No.39/21/56, Ests.(A), Dt.13-12-56 has clarified that an order
of “Censure” is formal and public act intended to convey that the person
concerned has been guilty of some blameworthy act or omission for which it
has been found necessary to award him a formal punishment and nothing can
amount to a “censure” unless it is intended to be such a formal punishment
and imposed for ‘good and sufficient reason’ after following the prescribed
procedure and that a record of the punishment so imposed is kept on the
officer’s confidential roll and the fact that he has been ‘Censured’ will have its
bearing on the assessment of his merit or suitability for promotion to higher
posts.

3] As the penalty of censure has a bearing on the assessment of the

Government Servant about his merit or suitability for promotion to higher
posts and as the currency of punishment based on previous record stands as
an impediment for promotion, it is considered necessary to specify the time
limit during which the said penalty of “Censure” is effective besides defining
the penalty.

54
4] Hitherto, there are no specific orders in regard to definition of
“Censure” and its implications. After careful consideration, the Government
decided to issue the following orders in regard to definition of “Censure” and
it’s implications in assessing the “merit” and suitability of the Government
Servant for his promotion/appointment by transfer.

Definition: “Censure” is a formal and public act intended to convey that the
person concerned has been guilty of some blameworthy act or omission for
which it has been found necessary to award him a formal punishment, and
nothing can amount to a “Censure” unless it is intended to be such a formal
punishment and imposed for “good and sufficient reason” after following the
prescribed procedure.

Effect: Every censure awarded shall debar a Government Servant for

promotion/ appointment by transfer for one year to both Selection and Non-
Selection posts.

5] All the Departments of Secretariat and Heads of Departments are

requested to bring these orders to the notice of all concerned.

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

M.S. RAJAJEE,
CHIEF SECRETARY TO GOVERNMENT.

55
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Andhra Pradesh Civil Services (Classification, Control &

Appeal) Rules, 1991 – Minor Penalties – Effect of Penalty – Orders – Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No:342 Dated 04-08-1997

Read the following:-

1. G.O.Ms.No.187 G.A.(Ser.B) Dept., dt. 25-4-85.

2. G.O.Ms.No.53 G.A.(Ser.C) Dept., dt.4-2-97.

-ooOoo-

ORDER:

Under rule 9 of Andhra Pradesh Civil Services (Classification, Control

and Appeal) Rules, 1991, the following are the minor penalties:

(i) Censure.

(ii) Withholding of Promotion.

(iii) Recovery from pay of the whole or part of any pecuniary loss
caused by him to the State Government or the Central
Government or to a Local Authority or to a Corporation owned
or controlled by the State or the Central Government by
negligence or breach of orders, while working in any
department of the State or the Central Government local
authority or Corporation concerned.

(iv) Withholding of increments of pay.

(v) Suspension, where a person has already been suspended under

rule 8 to the extent considered necessary.

2] As per para 11 of G.O.Ms.No.187 General Administration (Services.B)

Department, dated 25-4-1985 the individual who is undergoing punishment,
should not be recommended for promotion. In case, where the period of
punishment imposed is already over, each case has to be evaluated by
Departmental Promotion Committee on merits.

3] The need for issue of comprehensive instructions on the currency and

effect of minor penalties on Government employees who were involved in
disciplinary cases and who come up for consideration for promotion to higher

56
categories has been examined and further instructions are issued as follows:

PENALTY EFFECT
(i) Censure In terms of orders issued in G.O.Ms.
No.53, General Administration (Ser.C)
Department, dated 04-02-97 “every
Censure awarded shall debar a
Government employee for promotion/
appointment by transfer for one year
to both selection and non-selection
posts.”
(ii) Withholding of Promotion This penalty awarded to Government
employee shall debar the individual for
promotion/appointment by transfer to
a higher post during the period of
subsistence of penalty which shall be
indicated in the order imposing the
penalty subject to a minimum period
of one year both for selection and
non-election posts.

(iii) Recovery from pay of the whole Whenever a Government employee is

or part of any pecuniary loss caused awarded the penalty of recovery from
by him to the State Government or pay, it shall debar the individual for
the Central Government or to a local promotion/appointment by transfer to
authority or to a Corporation owned a higher post during the period of
or controlled by the State or Central penalty which shall be indicated in the
Government by negligence or breach order imposing the penalty subject to
of orders while in any department of a minimum period of one year both for
the State or the Central selection and non-selection posts.
Government, Local authority or Even if an employee remits the
Corporation concerned. amount in one lumpsum, he/she
*[shall not be recommended for
[Recovery from pay i.e., sub-rule promotion]/ appointment by transfer
(iii) of rule-9 of APCS (CCA) Rules, for minimum period of one year.
1991 has been deleted vide
G.O.Ms.No:335, GA (Ser.C) Dept., *substituted by G.O.Ms.No:431, GAD.,
dated 4-8-2005] dated 14-10-1997
(iv) Withholding of increments of pay
a) With cumulative effect: (i) In G.O.Ms.No.335, General
Administration (Ser.C) Department,
dt.14-6-93 orders were issued to the
effect that the penalty of stoppage of
increments with cumulative effect
amounts to a major penalty under the
Andhra Pradesh Civil Services (CCA)
Rules, 1991 and the elaborate
procedure prescribed under rule 20 of
the said rules is to be followed.

(ii) In terms of G.O.Ms.No.968,

57
 General Administration (Ser.C)
Department, dated 25-10-95
whenever any Government employee
is awarded the penalty of stoppage of
increment with cumulative effect, the
cases of such employees shall not be
recommended for promotion/
appointment by transfer for twice the
period for which the increment(s)
is/are stopped with cumulative effect,
both for selection and non-selection
posts.

(iii) Whenever any Government

employee is awarded the penalty of
stoppage of increment with cumulative
effect, the individual [shall not be
recommended for promotion] /
appointment by transfer for twice the
period with a minimum of one year
both for selection and non-selection
posts.

(b) Without Cumulative effect: This penalty awarded to Government

employee shall debar him/her for
promotion/ appointment by transfer to
a higher post during the period of
subsistence of penalty which shall be
indicated in the order subject to a
minimum period of one year both for
selection/non-selection posts.

(v) Suspension where a person has Where suspension is revoked

already been suspended under rule 8 exonerating a person fully his/her can
to the extent considered necessary. may be considered for promotion with
retrospective effect. Where the
disciplinary proceedings finally
resulted in a penalty he/she will be
debarred during the period of penalty
and subject to a minimum period of
one year from the date of
reinstatement. In case the suspension
period itself is treated as substantive
penalty, he/she shall be debarred for
promotion / appointment by transfer
for a period of minimum one year both
for selection/non-selection posts.

58
4] All departments of Secretariat/Heads of Departments; all District
Collectors shall follow the above orders scrupulously and bring it to the notice
of all concerned.

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

N.V.H. SASTRY,
SECRETARY TO GOVERNMENT.

59
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

Circular Memo.No:34633/Ser.C/99 Dated 4-11-1999

Sub: APCS (CCA) Rules, 1991 – Penalties as per Rule-9 – Stoppage

of increments with or without cumulative effect – Currency of
the penalty – Clarification – Issued.

Ref: G.O.Ms.No.342 G.A.(Ser.C) Dept., dt. 4-8-97.

-ooOoo-

Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and

Appeal) Rules, 1991 deals with “Penalties” and its classification as minor
penalties and major penalties. Item (iv) specifies withholding of increment
without cumulative effect which is a minor penalty and item (vi) specifies
withholding of increment of pay with cumulative effect which is a major
penalty. The currency of these penalties and their effect on promotion was
ordered in the G.O. cited. The currency of the penalty is for a minimum period
of one year during which the delinquent employee
shall not be recommended for promotion.

2] According to F.R. 24 an increment shall ordinarily be drawn as a

matter of course unless it is withheld as a measure of punishment. An
increment may be withheld from a Government servant by the State
Government, or by any authority to whom the State Government may
delegate this power if his conduct has not been good or his work has not been
satisfactory. In ordering the withholding of an increment, the withholding
authority shall state the period for which it is withheld and whether the
postponement shall have the effect of postponing future increments.

3] It is clarified that where the penalty of stoppage of increments with or

without cumulative effect is imposed, under rule 9 of the Andhra Pradesh Civil
Services (Classification, Control and Appeal) Rules, 1991, the increment or
increments falling due immediately after the date of issue of the order should
be withheld. It is also clarified that the employee whose increments were
withheld shall not be recommended for promotion during the period for which
the increments were ordered to be withheld with effect from the date of the
issue of the order imposing the penalty.

4] The District Collectors, Heads of Departments and Departments of

Secretariat are requested to follow the above clarification in dealing with
disciplinary cases.
N.V.H. SASTRY,
SECRETARY TO GOVERNMENT.

60
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

Circular Memo.No.60897/Ser.C/99 Dated 12-11-1999

Sub: APCS (CCA) Rules, 1991 – Final orders in disciplinary

proceedings – Regarding.

-ooOoo-

It is being observed in a good number of cases that final orders are

being issued by the concerned disciplinary authorities with either “Warning”
or “let off” or “to be more careful in future” etc. None of these is a
punishment listed in the A.P. Civil Services (CCA) Rules as a penalty under
rule 9 of the rules. The disciplinary proceedings cannot be deemed to have
been concluded unless they end with one of the penalties mentioned under
the CCA Rules if any penalty is imposed or the delinquent officer is
exonerated and specifically it is stated that charges are dropped. When words
like warning, let off etc, are used it is to be construed that the charges and
the guilt of the officer have been proved but a lenient view is taken and no
punishment is awarded. Such action will not be in accordance with the CCA
Rules.

2] In view of the above, all the Departments of Secretariat are requested

to keep the above in view while issuing final orders and suitably instruct the
offices under their control to clearly mention the penalty imposed if any under
the CCA Rules or state the fact of exoneration in case the charged officer is
proved not guilty, duly dropping the charges.

N.V.H. SASTRY,
SECRETARY TO GOVERNMENT.

61
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Andhra Pradesh Civil Services (Classification, Control and Appeal)

Rules, 1991 – Amendment – Orders –Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No:335 Dated 04-08-2005

Read the following:-

1. G.O.Ms.No:487, G.A. (Ser.C) Dept., dated 14-09-1992.

2. G.O.Ms.No:284, G.A. (Ser.C) Dept., dated 07-07-1997.
3. G.O.Ms.No:373, G.A. (Ser.C) Dept., dated 06-12-2003.

-ooOoo-

O R D E R:

Government have come across several disciplinary cases in which

charges of misappropriation or loss caused to Government by the charged
Government servant in discharging of their official duties or by negligence are
proved. In proved cases of this nature the concerned Administrative
Departments are often leaving the charged officers without imposing any
penalty against them for the misconduct of causing loss, on the plea that loss
is recovered from them and there is no need to impose any other penalty.
Government have noticed that the above confusion might be due to the fact
that recovery from pay of the whole or part of any pecuniary loss caused by
the delinquent is a minor penalty under sub-rule (iii) of Rule 9 of
Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules,
1991. In the case of Sri K.Chinnaiah Vs The Secretary, Ministry of
Communications, 1995 (3) SLR Page 324, the Central Administrative Tribunal,
Hyderabad held that “Normally, there will no need for two penalties at one
time, but the penalty of recovery from the pay of whole or part of any
pecuniary loss caused by an official by negligence or breach of order, can be
imposed along with other penalties.

In view of the above, Government after careful examination of the

matter have decided to omit the sub-rule (iii) of Rule 9 of the Andhra Pradesh
Civil Services (Classification, Control and Appeal) Rules, 1991 so that the
disciplinary authorities impose penalties against the charged officers in proved
cases of this nature besides recovery of the loss.

Accordingly, the following Notification will be published in the Andhra

Pradesh Gazette

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India, the Governor of Andhra Pradesh hereby makes the
following amendment to the Andhra Pradesh Civil Services (Classification,
Control and Appeal) Rules, 1991 issued in G.O.Ms.No:487, General
Administration (Ser.C) Department, dated 14 th September, 1992 and
published in the Andhra Pradesh Gazette Part-I, Extra-ordinary No.235, dated
the 1st July, 1992 and as subsequently amended from time to time.

62
 AMENDMENT

In rule 9 of the said rules, under the heading “Minor Penalties” the
existing sub-rule (iii) shall be omitted.

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

A.K. GOYAL,
Prl. Secretary to Government (Ser)

To
The Commissioner, Printing, Stationery and Stores Purchase,
Hyderabad (with a request to furnish 100 copies of Gazette Notification)
All Departments of Secretariat.
All Heads of Departments
All District Collectors
All Services Sections in General Administration Department.
The Secretary to A.P.Vigilance Commissioner, Hyderabad.
The Secretary, A.P. Public Service Commission, Hyderabad.
The Law (Scrutiny) Department
Copy to the Director of Prosecutions, A.P., Hyderabad.
A copy of the order is available on the internet and can be
accessed at the address http://www.apts.gov.in/aptos.
Stock File/Spare Copy

//Forwarded::By order//

SECTION OFFICER

63
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

Circular Memo.No:5074/Ser.C/A1/2009-1 Dated 09-02-2009

Sub : Public Services – Disciplinary cases against Government

employees – Penalties imposed as per rule 9 of the APCS
(CCA) Rules, 1991 – Currency of the penalty – Promotion of
the employees to next higher categories against whom the
penalties are imposed – Clarification – Issued.

Ref: 1 G.O.Ms.No:342, General Administration (Ser.C)

Department, dated 04-08-1997.
2 Circular Memo.No:34633/Ser.C/1999, General
Administration Department, dated 04-11-1999.

-ooOoo-

Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and

Appeal) Rules, 1991 deals with “penalties” and its classification as minor and
major penalties.

2. In G.O. 1st cited, comprehensive instructions were issued on the effect of

disciplinary penalties for consideration of promotion of Government employees to
next higher categories.

3. In Circular Memo. 2nd cited, a clarification was issued that the employees
whose increments were withheld shall not be recommended for promotion during
the currency of penalty period from the date of issue of orders imposing the
penalty.

4. However, where the penalty of stoppage of increments with cumulative

effect is imposed, it shall debar an employee for consideration for promotion to
the next higher category for the twice the period for which the increments are
stopped. But in no case it shall be less than one year.

5. Accordingly, it is further clarified that where the penalty of stoppage of

increments with cumulative effect is imposed under rule-9 of the Andhra Pradesh
Civil Services (Classification, Control and Appeal) Rules, 1991, an employee shall
not be considered for promotion to the next higher category for twice the number
of years for which the increment(s) is/are stopped subject to a minimum period of
one year with effect from the date of issue of order imposing the penalty as
ordered in the G.O. 1st cited.

6. All Departments of Secretariat/Heads of Departments/District Collectors

shall follow the above instructions scrupulously and bring it to the notice of all
concerned.

S. BALASUBRAMANYAM,
SECETARY TO GOVERNMENT (SERVICES)
To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to:
The Registrar, High Court of Andhra Pradesh.

64
The Registrar, Andhra Pradesh Administrative Tribunal.
The Secretary to Vigilance Commissioner, A.P.Vigilance Commission,
Hyderabad.
The Secretary, A.P.Public Service Commission, Hyderabad.
All Service sections in General Administration Department.
SF/SC

//Forwarded::By order//

SECTION OFFICER

65
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

Circular Memo.No.27052/Ser.C/A1/2010-5 Dated 4-6-2011.

Sub: A.P. Civil Services (Classification, Control & Appeal) Rules,

1991- Final Orders in disciplinary proceedings – Reiteration of
Instructions – Regarding.

Ref: Cir.Memo.No.60897/Ser.C/99, General Administration (Ser.C)

Dept., Dated 12-11-1999.

In the reference cited, instructions were issued that the disciplinary

proceedings initiated against a Government employee can be concluded either
by award of the penalties mentioned under rule 9 of the Andhra Pradesh Civil
Services (CCA) Rules, 1991, or by dropping further action against him where
the delinquent officer is exonerated of the charges. When words like warning,
let off, to be more careful in future etc., are used in the final order it is to be
construed that the charges and the guilt of the officer have been proved but a
lenient view is taken and no punishment is awarded. Such action is not in
accordance with the provision of Andhra Pradesh Civil Services (CCA) Rules,
1991 and it was requested to keep the above in view while issuing final
orders.

2. It was observed that in number of disciplinary cases the disciplinary

authorities are using the above words in the final orders which were not listed
as a penalty in the Andhra Pradesh Civil Services (CCA) Rules, 1991 even
though instructions on the above were already issued vide reference cited.

3. The instructions issued in the reference cited are hereby reiterated and
the disciplinary authorities are directed to comply with the above instructions
strictly while concluding the disciplinary cases.

4. All the Departments of Secretariat, all Heads of Departments and all

the District Collectors should follow the above orders/instructions scrupulously
and bring it to the notice of all the concerned.

S.V. PRASAD,
CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
The Registrar, A.P. Administrative Tribunal, Hyderabad.
The Registrar, High Court of A.P., Hyderabad.
The Secretary, A.P. Public Service Commission, Hyderabad.
The Secretary to Vigilance Commissioner, A.P. Vigilance Commission,
Hyderabad.
SF/Sc.
//Forwarded::By order//

SECTION OFFICER.

66
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
PUBLIC SERVICES – State and Subordinate Services – Prescription of minimum service for
promotion / appointment by recruitment by transfer to next higher class, category or
grade – Ad-hoc Rule – Re-issued.
GENERAL ADMINISTRATION (SERVICES-A) DEPARTMENT

G.O.Ms.No.627 Dated: 21-12-1983

Read the following:-

1. G.O.Ms.No.1647, General Administration (Services-A) Department,

dated: 31.10.1960.
2 Memo.No.2741/G.A.(Ser-A)/68-3, dated:21.1.1969.
3. From the Secretary, APPSC Lr.No.2905/B1/ 1/78, dated:9-11-1978.
4. G.O.Ms.No.85, G.A.(Ser-A)Deptt., dated:12.2.1979.

-ooOoo-

O R D E R:

According to the policy enunciated in the G.O. first cited, in certain special/
ad-hoc rules relating to various State and Subordinate Services, a provision was made to
the effect that a member of a service should ordinarily put in a period of five years of
service in the lower category from which promotion is to be made to the next higher
category in the same service or appointment is to be made by transfer from any other
service. The Government with a view to avoiding administrative difficulties, issued an
ad-hoc rule in the G.O. fourth cited reducing ordinarily five years in the lower category
to three years, of which at least two years service was required to be in the category,
class or grade from which promotion was to be made. The wording of the rule is
considered to be defective, as it is capable of denoting the minimum service required in
the lower category as three years and the same time two years in the category, class or
grade from which promotion is to be made. Hence, to keep the matter beyond doubt
without giving scope for any other interpretation, it has become necessary to make the
following ad-hoc rule.

2. Accordingly, the following notification is published in the Andhra Pradesh

Gazette:-

NOTIFCATION

In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India and of all other powers hereunto enabling and in supersession of
the ad-hoc rules issued in G.O.Ms.No.85, General Administration (Ser-A) Department,,
dt:12-2-1979, the Governor of Andhra Pradesh hereby makes the following ad-hoc rule:-

2. The ad-hoc rule hereby made shall be deemed to have come into force on the
12th February, 1979. All the Departments of Secretariat are requested to take action to
amend the special/ad-hoc rules with which they are concerned to bring them in
conformity with the ad-hoc rule.

67
 AD-HOC RULE

“Notwithstanding anything contained in the relevant Special Rules or the Ad-hoc

rules for the State and Subordinate Services, the minimum period of “Ordinarily” five
years of service wherever prescribed in the said rules for appointment of a member of a
service from the lower category, class or grade, to the next higher category, class or
grade, whether such appointment is made either by promotion in the regular line or by
recruitment by transfer from any other service, that period shall be reduced to
ordinarily three years, but in no case shall it be less than two years in the category, class
or grade from which such promotion or transfer is made”.

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

G.V. RAMAKRISHNA
CHIEF SECRETARY TO GOVERNMENT

[This G.O. was annulled vide G.O.Ms.No:232, GA (Ser.A) Dept., dated 3-05-2014]

68
1. SHORT TITLE, SCOPE AND RELATION TO SPECIAL RULES.

(a) These Rules may be called the Andhra Pradesh State and
Subordinate Service Rules 1996.

(b) The gazetted and non-gazetted posts under the State

Government shall be constituted into various State and
Subordinate Services and they shall be governed by the Andhra
Pradesh State and Subordinate Service Rules (General Rules)
and the Special Rules as well as adhoc rules issued by the
Government.

(c) These rules shall apply to the State and Subordinate Services
and to the holders of posts, whether temporary or permanent
included in any State or Subordinate Service except to the
extent otherwise expressly provided:-

(i) by or under any law for the time being in force;

(ii) in respect of holders of any post, appointed by contract

or agreement subsisting between such holders and the
State Government.
(d) Relation to Special Rules: If any provision in these rules are
repugnant to the provisions in the special rules applicable to any particular
service in regard to any specific matter, the latter shall, in respect of such
service and such specific matter, prevail over the provisions in these rules.

Rule-16 of A.P.State and Subordinate Service Rules

(c) Period of Probation:- Unless otherwise stated in the special rules or in

these rules, the period of probation shall be as follows:-

(i) Every person appointed by direct recruitment to any post shall,

from the date on which he commences his probation be on
probation for a period of two years on duty within a continuous
period of three years.

(ii) Every person appointed to any post either by promotion or by

transfer (not by transfer on tenure) shall, from the date on
which he commences his probation, be on probation for a
period of one year on duty within a continuous period of two
years. 26

(iii) A probationer in any category, class or service shall be eligible

to count for probation his service in a higher category of the
same service or class, as the case may be, or in any other
service (State or Subordinate Service) towards his probation in
the former service, to the extent of the period of duty
performed by him in the latter service during which he would
have held the post in the former service but for such
appointment in the latter service.

69
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

Memo.No:53975/Ser.D/2000-3 Dated 09-01-2001

Sub : Public Services – State and Subordinate Service Rules –

Prescription of minimum service for promotion/appointment
by transfer to next higher class, category or grade –
Commencement of probation - Clarification – Regarding.

-ooOoo-

In G.O.Ms.No:627, General Administration (Ser.A) Department, dated

21-12-1983 an adhoc rule has been issued reducing the minimum period of
five years of service wherever prescribed in the special rules for appointment
of a member of a service from the lower category, class or grade, to the next
higher category, class or grade to three years, but in no case shall it be less
than two years in the category, class or grade from which such promotion or
transfer is made.

2. In all the special rules governing the State and Subordinate Services,
minimum period for promotion/appointment by transfer to next higher
categories has been prescribed.

3. Proposals are being received from various Departments for

consideration of promotions to higher categories in relaxation of Special Rule
relating to minimum service in the lower categories owing to the exigencies of
service. Such proposals are being considered only for making adhoc and
temporary promotions under rule 10(a) of the Andhra Pradesh State and
Subordinate Service Rules to meet the urgent needs of the Departments
concerned without resorting to any relaxation of rules. As per rule 10(c) of
the said rules, a person appointed under sub-rule (a) shall not be regarded as
a probationer in such service, class or category or be entitled by reason only
of such appointment to any preferential claim to future appointment to such
service, class or category.

4. It is noticed that in certain cases the persons considered for

appointment by transfer, involving promotion on temporary basis referred to
at para 3 above are being allowed to commence their probation from the date
of temporary promotion made under rule 10(a).

5. It is clarified that a person appointed or promoted on adhoc or

temporary basis without fulfilling the required number of years of service in
the feeder category, by invoking rule 10(a) of the A.P.State and Subordinate
Service Rules, may be allowed to count his service in higher category or class
as the case may be to the extent of period of duty performed by him in the
latter service during which he would have held the post in the former service
but for such appointment in the latter service and the probation of such
individual so promoted or appointed may have to be commenced from the
next date of such completion of the required period of service in the former
service (in the lower feeder category).

70
6. All the Heads of Departments/Departments of Secretariat/ District
Collectors/District Judges are requested to bring these instructions to the
notice of all the appointing authorities to follow the scrupulously

G.S.R.C.V. PRASAD RAO,

SECETARY TO GOVERNMENT (SER)

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
All District Judges.
Copy to the Secretary, A.P.Public Service Commission, Hyderabad.
Copy to:Law (E) Department.

//Forwarded::By order//

SECTION OFFICER

(The above Memo. was annulled vide Circular Memo.No.13452-A/Ser-D/

A2/2014-1, Dated: 31-05-2014)

71
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

Cir.Memo.No.28085/Ser-D/2011, Dated:20-10- 2011.

Sub:- Public Service – A.P. State & Subordinate Service Rules, 1996
– Prescription of minimum service for promotion / appointment
by transfer to next higher class, category or grade –
Commencement of probation – further clarification – Regarding.

Ref:- 1. G.O.Ms.No.436, GA (Ser-D) Dept., dt: 15.10.1996.

2. Memo. No. 53975/Ser.D/2000-3, Dated: 9.1.2001.

<<<>>>

It has brought to the notice of the Government that number of

Departments are referring the cases for relaxation of minimum service in the
lower categories owing to the exigencies of service and such proposals are
being considered only for making ad hoc and temporary promotions under
rule-10(a) of A.P.State and Subordinate Service Rules 1996 to meet the
urgent needs of the Department concerned without resorting to any
relaxation of rules. According to the rule-10(c) of the said rules, a person
appointed under sub-rule (a) shall not be regarded as a probationer in such
service, class or category or be entitled by reason only of such appointment
to any preferential claim to future appointment to such service, class or
category.

2. In the reference 2nd cited, it was clarified that a person appointed or

promoted on ad hoc or temporary basis without fulfilling the required number
of years of service in the feeder category by invoking rule-10(a) of A.P. State
and Subordinate Service Rules 1996, may be allowed to count his service in
higher category or class as the case may be to the extent of the period of
duty performed by him in the latter service during which he would have held
the post in the former service but for such appointment in the latter service
and the probation of such individual so promoted or appointed may have to
be commenced from the next date of such completion of the required period
of service in the former service (in the lower feeder category).

3. Inspite of above clarification, proposals are being received to consider

the cases of employees for promotion / appointment by transfer to the next
higher category, who are not approved probationers in the feeder category
and also without any justification on exigency of administration for invoking
rule-10(a) of AP State & Subordinate Service Rules, 1996.

4. Government therefore, hereby reiterate the clarification issued in

reference 2nd cited and further direct that the appointing authority shall justify
the exigency of administration while invoking the provisions of rule-10(a) of
A.P. State & Subordinate Service Rules, 1996 duly keeping in-view the rule-8
of the AP State & Subordinate Service Rules, 1996 and it should be invoked in
respect of all categories of employees, who are approved probationers but not
for implementing rule of reservation only while considering promotion/by
appointment by transfer to higher category of posts. The appointing
authorities are directed to strictly adhere to the above rule position.

72
5. All the Departments of Secretariat / Heads of Departments / District
Collectors are requested to issue instructions to all the appointing authorities
under their administrative control to follow the above instruction scrupulously.

PANKAJ DWIVEDI
CHIEF SECRETARY TO GOVERNMENT
To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
The Registrar General, High Court of A.P.
for issuing suitable instructions to the concerned.
Copy to the Secretary,
A.P. Public Service Commission, Hyderabad.
Copy to: Law (E) Department
Sf/sc.

//Forwarded:: By Order//

SECTION OFFICER

(The above Memo. was annulled vide Circular Memo.No.13452-A/Ser-D/

A2/2014-1, Dated: 31-05-2014)

73
 GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Prescription of

minimum service for promotion/appointment by recruitment by transfer to
next higher class, category or grade – Ad-hoc Rule annulled and re-issued.
GENERAL ADMINISTRATION (SERVICES-A) DEPARTMENT

G.O.Ms.No. 230 Dated:31-05-2014.

Read

G.O.Ms.No.627 G.A.(Ser.A)Department, dated:21.12.1983.

<<>>

ORDER:-

According to the policy enunciated in the G.O. cited, in certain

special/adhoc rules relating to various State and Subordinate Services, a
provision was made to the effect that the minimum period of service was
reduced from ‘five years’ to ‘three years’ but in no case shall it be less than
two years in the category, class or grade from which promotion or
appointment by transfer is proposed to the next higher category, class or
grade. The above rule position created certain confusion. Hence, to keep the
matter beyond doubt without giving scope for any other interpretation, it has
become necessary to make the following ad-hoc rule.

2. Accordingly, the following notification is published in the

Andhra Pradesh Gazette:-

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the

Constitution of India and of all other powers hereunto enabling and in
supersession (annulling) of the ad-hoc rule issued in G.O.Ms.No.627
G.A.(Ser.A)Department, dated:21.12.1983, and subsequent amendments
issued there on if any, the Governor of Andhra Pradesh hereby makes the
following ad-hoc rule:-

3. The ad-hoc rule hereby made shall be come into force with immediate
effect. All the Departments who are following the ad-hoc rules framed in
G.O.Ms.No.627 G.A.(Ser.A) Department, dated:21.12.1983, shall issue
separate rules prescribing minimum service in the feeder cadre/category as 3
years.

AD-HOC RULE

“Notwithstanding anything contained in the relevant Special Rules or

the Adhoc rules for the State and Subordinate Services, the minimum period
of service wherever prescribed in the said rules for member of a service from
the lower category, class or grade, to the next higher category, class or
grade, whether such appointment is made either by promotion in the regular
line or by recruitment by transfer from any other service, that period shall be

74
three years in the category, class or grade from which such promotion or
transfer is made”.

[BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH]

S.K.SINHA
SPL. Chief Secretary to Government (Ser & HRM)[FAC]

To
All Departments of Secretariat,
All Heads of Departments,
All Collectors and District Judges
All Service Sections in GAD.

//Forwarded :: By Order//

SECTION OFFICER

75
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER-D) DEPARTMENT

Circular Memo.No.13452-A/Ser-D/A2/2014-1 Dated: 31.05.2014.

Sub:- PUBLIC SERVICES – State and Subordinate Services –

Prescription of minimum service for promotion / appointment
by transfer to next higher class, category or grade –
Commencement of probation – Further clarification –
Regarding.

Ref: - 1. Govt. Memo No.53975/Ser.D/2000-3, GAD, dt. 09-01-2001.

2. Cir.Memo.No.28085/Ser-D/2011, GAD, dated: 20-10-2011.
*****

In the reference first cited, it was clarified that a person appointed or

promoted on adhoc or temporary basis without fulfilling the required number
of years of service in the feeder category by invoking rule-10(a) of A.P. State
and Subordinate Service Rules, 1996, may be allowed to count his service in
higher category or class as the case may be to the extent of the period of
duty performed by him in the latter service during which he would have held
the post in the former service but for such appointment in the latter service
and the probation of such individual so promoted or appointed may have to
be commenced from the next date of such completion of the required period
of service in the former service (in the lower feeder category).

2. In the reference second cited, while reiterating the said instruction, it

was further directed that the appointing authority shall justify the exigency of
administration while invoking the provisions of rule10(a) of A.P. State and
Subordinate Service Rules, 1996, duly keeping in-view the rule-8 of the said
rules and it should be invoked in respect of all categories of employees, who
are approved probationers but not for implementing rule of reservation only
while considering promotion / by appointment by transfer to higher category
of posts.

3. Inspite of above clarifications, proposals are being received to consider

the cases of employees for promotion / appointment by transfer to the next
higher category, without any justification on exigency of administration for
invoking rule-10(a) of A.P. State and Subordinate Service Rules, 1996. It is
noticed that the departments in many cases, who have completed one year of
service, are invoking rule-10(a) of A.P. State and Subordinate Service Rules,
1996, by using the said Cir.Memos, though there is no exigency to fill up the
said posts. In fact provision of Rule-10(a) of A.P. State and Subordinate
Service Rules, 1996, is being invoked not for any administrative exigencies,
but for ensuring promotion to certain employees even though he is retiring on
the same day when such promotions are given to him / her.

4. In view of the above, the clarifications issued in the circular Memos.,

1st and 2nd cited, are hereby cancelled with immediate effect, so as to safe
guard rule-10(a) of A.P. State and Subordinate Service Rules, 1996, to be
adhered strictly by all departments hereafter.
(P.T.O.)

76
5. All the Departments are therefore requested to invoke rule-10(a) of
A.P. State and Subordinate Service Rules, 1996, wherever / whenever
necessary duly justifying the public interest to fill any vacancy emergently.

S.K. SINHA,
Special Chief Secretary to Government (Ser. & HRM) (FAC)

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors
The Registrar General, High Court of A.P.
for issuing suitable instructions to the concerned.
Copy to the Secretary, APPSC, Hyderabad.
Copy to Law (E) Department.
SF/SC.
//Forwarded::By order//

SECTION OFFICER

77
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Rules - Andhra Pradesh Secretariat Service Rules, 1998 – Amendment –

Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-B) DEPARTMENT

G.O.Ms.No. 232 Dated: 31-05-2014

Read the following:-

1) G.O.Ms.No.445, G.A. (Ser.B) Department, dated:29.10.1998.

2) From the Secretary, APPSC Letter No. 683/RR/2014,
dt.29-05-2014.

***
O R D E R:

In Andhra Pradesh Secretariat Service Rules issued in the G.O. read

above, minimum service was prescribed in rule 6, which read as “………..,
unless he has put in not less than three years of service but in no case shall it
be less than two years,” which is giving scope for ambiguity. In order to clear
this, the Government decides to amend the said rule 6.

2. Accordingly, the following notification will be published in the Andhra

Pradesh Gazette:-

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India and of all other powers hereunto enabling, the Governor
of Andhra Pradesh hereby makes the following amendment to the Andhra
Pradesh Secretariat Service Rules, 1998 issued in G.O.Ms.No.445, General
Administration (Ser.B) Department, dated the 29th October, 1998 and as
subsequently amended from time to time.

AMENDMENT

In the said rules, for rule 6, the following shall be substituted,

namely:-

“ 6. Minimum Service:

Unless otherwise specified elsewhere in these rules, no person shall be

eligible for appointment by transfer or promotion unless he has put in not less
than three years of service, in the category from which promotion or
appointment by transfer is made.

Provided that in the case of appointment by transfer of Assistant

Section Officers including Assistant Section Officer (SC) or Special Category
Stenographers in the Andhra Pradesh Secretariat Subordinate Service, the
minimum service of three years shall be exclusive of any period of service
rendered in any Non-Secretariat Department.

78
 Provided further that the service put in by any Officer as Private
Secretary/ Personal Secretary or Personal Assistant to Ministers shall count
towards the minimum period of qualifying service of three years for the
purpose of promotion, but for his appointment as Private Secretary/ Personal
Secretary/ Personal Assistant he would have continued in his parent post.

Provided also that the above stipulation of minimum service shall not
be applicable for appointment to the post of Addl. Secretary to Government
(Non Cadre) including Secretary to Government (NC) in Law Department,
only approved probationers who have satisfactorily completed the period of
probation are eligible for promotion as per rule-8 of A.P. State & Subordinate
Service Rules and as per rule-7 of A.P. Secretariat Service Rules.

Provided also that the service of Section Officers (SC) as Section

Officers shall also count for purposes of promotion”.

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

S.K.SINHA,
SPECIAL CHIEF SECRETARY TO GOVT.,(Services & HRM) (FAC)

To
The Commissioner,
Printing, Stationery & Stores Purchase, AP, Hyderabad. (with a request to
publish in AP Gazette and supply 500 copies of the same)
All the Departments of Secretariat.
All the Heads of the Departments.
All District Judges.
The Law (E) Department.
The Secretary, APPSC, Hyderabad.
All Service Sections in G.A.D.
SF/SC.

//FORWARDED :: BY ORDER //
SECTION OFFICER

79
 Rule-23; 24 & 25 of AP State and Subordinate Service Rules, 1996

23. APPEAL, REVISION AND REVIEW OF ORDERS OF APPOINTMENT

(INCLUDING PROMOTION) TO HIGHER POSTS :- An order appointing a
member of a service or class of service or category, to a higher post by
transfer or by promotion may, within a period of six months from the date of
such order, be revised by an authority to which an appeal would lie against
the order of dismissal passed against a member of a service, class or
category, such revision may be made by the appellate authority aforesaid,
either on its own motion or on an appeal filed by the aggrieved member of
the service, class or category:

Provided that the Government may, irrespective or whether they are

the appellate authority or not, revise such order of appointment after the
expiry of the period of six months aforesaid, for special and sufficient reasons
to be recorded in writing:

Provided further that no order or revision under this rule shall be

passed unless the person likely to be affected by such revision is given an
opportunity of making his representation against the proposed revision.

Provided also that a member of service may submit a revision petition

against the order of the Appellate Authority, within three months of the order
passed by the Appellate Authority, to the Government.

[Amended in G.O.Ms.No.76, G.A.(Ser. D) Dept., dt: 11-3-2003. (3rd proviso added)]

24. REVISION OF LISTS OF APPROVED CANDIDATES (PANELS) OR

LIST OF ELIGIBLE CANDIDATES FOR APPOINTMENT BY PROMOTION
OR BY TRANSFER:- (a) The State Government shall have the power to
revise in any manner they consider suitable, any panel of approved
candidates for appointment by transfer or by promotion to any category class
or service, prepared by a Head of the Department or any other authority
subordinate to the Head of the Department, in exercise of the powers
conferred on them by the special rules or these rules:

Provided that before revision of the panel is under taken the cases for
review should be placed before the D.P.C/Review D.P.C/ Screening
Committee and their recommendations obtained:

Provided that where the panel is prepared by an authority subordinate

to a Head of the Department, in exercise of the powers conferred on him by
the special rules, the aforesaid power of revision may be exercised by the
Head of the Department. This will not preclude the State Government from
exercising the powers of the revision aforesaid, against the orders either of
the Head of the Department or of any other subordinate authority aforesaid.

(b) The State Government and the Head of the Department shall have
power to revise in any manner they consider suitable, any list of eligible
candidates for promotion to any category, class or service in respect of the

80
subordinate service, prepared in accordance with rule-5. The aforesaid power
of revision by the State Government could be exercised by them in respect of
an order passed by the Head of the Department or by any other subordinate
authority.

(c) The aforesaid power or revision mentioned in sub rule (a) and
sub-rule (b), may be exercised by the State Government or by the Head of
the Department on their own motion, at any time, or on an application made
by the aggrieved person, within a period of six months from the date of order
of appointment or promotion of a person junior to the aggrieved person:

Provided that the time limit of six months aforesaid may, for good and
sufficient reasons to be recorded in writing, be waived by the State
Government.

Provided further that where the panel referred to in sub-rule (a) has
been partially utilized, any order of revision likely to affect a person who has
already been appointed from such panel shall be given an opportunity of
making his representation against the proposed revision, before any order of
revision is passed.

Provided also that if any revision of list of eligible candidates

mentioned in sub-rule (b) is likely to affect a person already promoted from
the aforesaid list of eligible candidates, he shall be given an opportunity of
making a representation against the proposed revision before any order of
revision is passed.

Provided also that where a panel has been prepared on the basis of
the recommendations made by a DPC / Screening Committee any revision of
such panel shall be made only after consultation with such D.P.C / Screening
Committee.

25. REVIEW: The State Government may, of their own motion or otherwise,
review any original order passed by them, promoting a member of a service
or class, to a higher post or approving a panel of candidates for appointment
or promotion to any category, class or service, prepared by them, or any
order of revision passed by them under rule 24, if it was passed under any
mistake, whether of fact or of law, or in ignorance of any material fact or for
any other sufficient reason.

Provided that no order of review under this rule shall be passed unless
the person affected or likely to be affected thereby is given an opportunity of
making his representation against the proposed review.

81
 GOVERNMENT OF ANDRHA PRADESH
ABSTRACT

PUBLIC SERVICES – Departmental Promotion Committees – Reconstitution

and Guidelines - Amendment - Orders – issued.

GENERAL ADMINSITRATION (DPC-I) DEPARTMENT

G.O.Ms.No.62 Dated 8th February,1989.

Read the following:-

G.O.Ms.No.187, General Administration (Ser.B) Department, dated

25-04-1985.

***
O R D E R:

Under General Rule 36 of Andhra Pradesh State and Subordinate

Service Rules the state Government have power to revise in any manner they
consider suitable, any list of approved candidates, for appointment or
promotion to any category, class or service prepared by the head of a
Department in exercise of the powers conferred category class or service in
accordance with General rule 34(b)(ii). Such revision may be made by the
State Government either on their own motion at any time or on an application
made by the person affected within a period of six months from the date of
order of application, or promotion of his immediate junior. The time limit may,
for sufficient reasons to be recorded in writing, be waived by the Government.

2. Under General Rule 36-A, the State Government may of their own
motion or otherwise review, any original order passed by them, promoting a
member of a service or class to a selection category of grade, for approving
any list of candidates for appointment or promotion to any category, class or
service prepared by them in exercise of the powers conferred on them by
Special Rules for any service or any order of revision passed under Rule 35 or
Rule 36 if it was passed under any mistake, whether of fact of law, or in
ignorance of any material fact or for any other sufficient cause.

3. Proposals are being received by Government for review of panels

prepared earlier in consultation with the Departmental Promotion Committees
Concerned in regard to grading of some persons considered. A question has
arisen whether for undertaking the review or revision of the panels prepared
and approved in consultation with the Departmental Promotion Committees
whether Government should take action under the provisions of Rule 36-A of
the General Rules straightaway or whether before passing orders under the
provisions of the above rules the cases should be placed the Departmental
Promotion Committees/Review Departmental Promotion Committees. The
Government have examined the issue and have decided that before action is
taken under General Rule 36-A, the cases for review should be placed before
the Departmental Promotion Committee concerned and its recommendations
obtained. It is accordingly ordered that cases of review or revision relating to
grading etc., should be placed before the Departmental Promotion
Committee/Review Departmental Promotion Committee concerned in addition
to cases mentioned in para 13(a) of G.O.Ms.No.187 General Administration
(Ser.B) Department, dated 25-4-1985.

82
4. The Government after due consideration have also decided that while
reviewing the panels, the Departmental Promotion Committees shall adopt
the uniform criteria and assessing merit that should not be reassessed, the
panel 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
panel.

5. Accordingly, the orders issued in G.Ms.No.187, General Administration

(Ser.B) Department, dated 25-4-1985 shall stand modified to this extent.

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

C.R.KAMALANATHAN
SCRETARY TO GOVERNMENT

83
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Assignment of notional dates of seniority – Consideration for

further promotion – Instruction – Issued.
GENERAL ADMINSITRATION (SERVICES.A) DEPARTMENT

G.O.Ms.No.354 Dated: 11-5-1990.

Read the following:-

1. G.O.Ms.No.62, General Administration (DPC-II) Department,

dated. 8-2-1989.
***
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 necessary 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.

84
2. 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)

G.R.NAIR,
CHIEF SECRETARY TO GOVERNMENT.

85
Rule-33(c) of A.P.State and Subordinate Service Rules, 1996

(c) Whenever notional date of promotion is assigned, such date of notional

promotion shall 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 shall be counted for the purpose of
declaration of probation also in the feeder category.

86
 Requirements of Review DPC/Screening Committees

Sl.
Description of the document
No:
01 Self contained note in detail for the use of Screening
Committee/ Departmental Promotion Committee,
duly indicating the reasons for review of the proposed
officer.

02 Proforma in which proposals should be submitted to

the Screening Committee/Departmental Promotion
Committee.

03 Seniority list of officers, which was placed before the

Screening Committee/Departmental Promotion
Committee for the relevant panel year.
04 Seniority list of officers, after inclusion of the name of
the proposed officer at appropriate place for the
relevant panel year.

05 Copy of the proceedings of the Screening

Committee/Departmental Promotion Committee
meeting for the relevant panel year.

06 Copy of order, wherein the panel was approved.

07 Copies of charge memos/punishment orders etc., in

respect of the proposed officer.

08 Copies of orders issued for regularization of

suspension period/ dropping the charges/setting
aside the punishments etc., in respect of the
proposed officer.

09 Copy of order, wherein the proposed officer was

promoted notionally in the feeder category.

10 Copy of order, wherein junior to the proposed officer

was promoted.

11 Copies of orders, if any relevant to the present

review.

12 ACRs in respect of the proposed officer for the

relevant period of 5 years.

13 Furnish the ACRs proforma duly attested by the

officer not below the rank of Deputy Secretary to
Government

14 Copies of Court orders etc.

87
 Rule-22 of A.P.State and Subordinate Service Rules, 1996

22. SPECIAL REPRESENTATION (RESERVATION) : 1 Reservations may

be made for appointments to a service, class or category in favour of
Scheduled Castes, Scheduled Tribes, Backward Classes, Women, Physically
handicapped, Meritorious Sportsman, Ex-Servicemen and such other
categories, as may be prescribed by the Government from time to time, to
the extent and in the manner specified hereinafter in these rules or as the
case may be, in the special rules. The principle of reservation as hereinafter
provided shall apply to all appointments to a service, class or category:-

(i) by direct recruitment, except where the Government by a

General or special order made in this behalf, exempt such
service, class or category;
(ii) otherwise than by direct recruitment the principle of
reservation in the matter of promotion and appointment by
transfer involving promotion in so far it relates to Scheduled
Castes and Scheduled Tribes only shall apply to such Services,
Class or Category whose total cadre strength of the post is
more than five.

[Amended in G.O.Ms.No. 123, G.A.(Ser. D) Dept., dt:19-04-2003

(w.e.f. 14-02-2003.)]

2. (a) The unit of appointment for the purpose of direct recruitment shall be
hundred vacancies of which fifteen shall be reserved for Scheduled Castes, six
shall be reserved for Scheduled Tribes, twenty five shall be reserved for
Backward Classes and remaining fifty four appointments shall be made on the
basis of open competition and subject to Rule 22-A of these rules.
2(a)(i) The unit of appointment for the purpose of reservation in the matter of
promotion and appointment by transfer involving promotion shall be hundred
vacancies of which fifteen shall be reserved for Scheduled Castes and six for
Scheduled Tribe employees as per the roster points in sub-rule 2(e).

A. In the case of appointments / promotions to the posts referred to in

clause 2 (a) (i) above, the panels of eligible candidates for promotion, the
names of eligible Scheduled Caste and Scheduled Tribe employees from the
feeder Category have to be shown against the roster points earmarked for
them irrespective of their seniority position in the feeder category.

B. If a Scheduled Caste and Scheduled Tribe employee gets a higher

place in the eligible candidates list by virtue of his seniority in the feeder
category he need not be adjusted in a lower position which is earmarked for
an Scheduled Caste and Scheduled Tribe employees as per roster system.
Such roster point has to be filled up by moving up an Scheduled Caste and
Scheduled Tribe employees who is below in the seniority list in the feeder
category.

C. Filling up the roster points shall continue till the required percentage of
Scheduled Caste and Scheduled Tribe candidates is obtained. Once the
required percentage is obtained by taking into account both the Scheduled
Caste and Scheduled Tribe candidates who are found in the list of candidates
fit for promotion on account of their seniority in the feeder category and those
who are moved up to fill up the required roster point, further adjustment of

88
Scheduled Caste and Scheduled Tribe employees against roster point has to
be stopped.

D. Unutilized roster points after the required Scheduled Caste and

Scheduled Tribes percentage is met, shall lapse.

E. If required number of Scheduled Caste and Scheduled Tribe employees

are not available in the feeder category to obtain the required representation
in the promotion category. The vacancies earmarked for Scheduled Caste and
Scheduled Tribe employees according to the roster points will be carried
forward.

[Amended in G.O.Ms.No. 123 G.A.(Ser. D) Dept., dt: 19-04-2003

(w.e.f. 14-02-2003.)]

(b) Out of fifty four appointments to be made on the basis of open

competition, three appointments shall be reserved for direct recruitment of
the physically handicapped persons.

(c) In the case of appointments to clerical posts including the posts of typists
i.e. in Group II and Group IV services in the case of posts in the Andhra
Pradesh Police Subordinate Service, to which the principle of reservation of
appointments applies, out of fifty four as the case may be, fifty one
appointments to be made on the basis of open competition, two appointments
shall be reserved for direct recruitment of Ex-servicemen.

(d) In the case of appointments to the posts of Junior Assistants, Junior

Stenographers and Typists in the offices of Heads of Departments, Assistant
Section Officers, Typist-cum-Assistants and Junior Stenographers in the
Secretariat to which the principle of reservation of appointment applies, out of
fifty four, as the case may be, forty nine appointments to be made on the
basis of open competition, one appointment shall be reserved for direct
recruitment of meritorious sportsmen.

[G.O.Ms.No:147, GA (Ser.D) Dept., dt:16-05-2003 with effect

from 1-6-2001]
(Subs by G.O.Ms.No:674, GA (Ser.D) Dept., dt:30-10-2008)

Provided that the claims of members of the Scheduled Castes,

Scheduled Tribes, Backward Classes, Women and the Physically handicapped
persons or the Ex-servicemen as the case may be, shall also be considered
for the remaining appointments which shall be filled on the basis of open
competition, the number of appointments reserved for that category shall in
no way be affected during the period the reservation for that category is in
force.

(e) Appointments under this rule shall be made in the order of rotation
specified below in a unit of hundred vacancies:-

1. Open competition Women

2. Scheduled Castes Women
3. Open Competition
4. Backward Class (Group-A) Women
5. Open Competition

89
6. Visually Handicapped Women Amended in G.O.Ms. No:
252, General Admn
(Ser-D) Department,
dt:28-08-2004
with effect from
27-11-2003
7. Scheduled Castes
8. Scheduled Tribes Women
9. Open Competition
10. Backward Class (Group-B) Women
11. Open Competition
12. Open Competition Women
13. Open Competition
14. Backward Class (Group-C) Women In every 3rd cycle of 100
point roster, this point
shall be reserved for
Women belonging to BC-C
category [vide GO Ms.
No.476. GA (Ser.D)
Dept., dt: 15-11-97]
15. Open Competition
16. Scheduled Castes
17. Open Competition Women
18. Backward Class Women
(Group-D)
19. Open Competition
20. Backward Class (Group-A)
21. Open Competition
22. Scheduled Castes Women
23. Open Competition Women
24. Backward Class (Group-B)
25. Scheduled Tribes
26. Open Competition
27. Scheduled Castes
28. Open Competition
29. Backward Class (Group-A)
30. Open Competition Women
31. Hearing Handicapped Open Amended in G.O. Ms.
No. 252, GA (Ser-D)
Dept., dt: 28-08-2004
with effect from
27-11-2003
32. Open Competition
33. Scheduled Tribes
34. Open Competition Women
35. Backward Class (Group-B)
36. Open Competition
37. Open Competition
38. Open Competition Women
39. Backward Class
(Group-D)
40. Open Competition
41. Scheduled Castes

90
42. Open Competition
43. Backward Class
(Group-D)
44. Open Competition Women
45. Backward Class (Group-A) Women
46. Open Competition
47. Scheduled Castes Women
48. Open Competition
49. Backward Class (Group-B) Women
50. Open competition Women
51. Open Competition
52. Scheduled Castes
53. Open Competition
54. Backward Class (Group-A)
55. Open Competition Women
56. Orthopedically Open Amended in G.O. Ms. No.
Handicapped 252, GA (Ser-D) Dept.,
dated 28-08-2004 with
effect from 27-11-2003
57. Open Competition
58. Scheduled Tribes Women
59. Open Competition Women
60. Backward Class (Group-B)
61. Open Competition
62. Scheduled Castes
63. Open Competition
64. Backward Class Women
(Group-D)
65. Open Competition Women
66. Scheduled Castes Women
67. Open Competition
68. Backward Class
(Group-D)
69. Open Competition
70. Backward Class (Group-A)
71. Open Competition Women
72. Scheduled Castes
73. Open Competition
74. Backward Class (Group-B)
75. Scheduled Tribes
76. Open Competition
77. Scheduled Castes
78. Open Competition women
79. Backward Class (Group-A)
80. Open Competition
81. Backward Class (Group-B) Women
82. Open Competition
83. Scheduled Tribes
84. Open Competition Women
85. Backward Class (Group-B)
86. Open Competition
87. Scheduled Castes Women
88. Open Competition

91
 89. Backward Class
(Group-D)
90. Open Competition Women
91. Scheduled Castes
92. Open Competition
93. Backward Class
(Group-D)
94. Open Competition
95. Backward Class (Group-B)
96. Open Competition Women
97. Scheduled Castes
98. Open Competition
99. Backward Class (Group-B) Women
100. Open Competition

Provided that :- (i) in the case of appointments to a post referred to in

sub-rule (c), the 13th and 37th turns in each unit of hundred vacancies shall
be reserved for ex-servicemen. Out of 13th and 37th roster points, preference
to one of the two points for women can be given and if women candidates are
not available, both the points with men shall be considered. However,
wherever the special or adhoc rules provide that there shall be no reservation
for ex-servicemen or if a qualified and suitable candidate is not available from
ex-servicemen, the turn allotted to ex-servicemen shall be deemed to be
allotted to Open Competition.

(Amended in G.O.Ms.No.310, G.A.(Ser. D) Dept., dt: 19-7-2005 w.e.f.

10.2.2005)

“(ii) In the second cycle of 100 roster points the following points shall be
reserved as follows:-

“106. (Visually Handicapped) (Open)

131. (Hearing Handicapped) (Women)
156. (Orthopaedically Handicapped) (Open)

” In the third cycle of 100 roster points the following points shall be reserved
as follows:-

“206. (Visually Handicapped) (Open)

231. (Hearing Handicapped) (Open)
256. (Orthopaedically Handicapped) (Women)”

The 6th, 31st and 56th points in each cycle of 100 vacancies shall be allotted
to the Visually Handicapped, Hearing Handicapped and Orthopaedically
Handicapped persons respectively as stated above and where qualified and
suitable candidates are not available from among them, the turn allotted for
them in the unit referred to above shall be carried forward for three
succeeding recruitment years. In the third succeeding recruitment year, if
disabled candidates from any category are not available for appointment in
the turn allotted, the vacancy shall be filled by next group of disabled in
rotation by effecting interchange and the reservation shall cease thereafter”.

(Amended in G.O. Ms. No. 252, G.A. (Ser-D) Dept. dt: 28.8.2004 w.e.f
27.11.2003)

92
(f) The reservation in the case of Backward Classes (Group-A), (Group-B),
(Group-C) and as the case may be (Group-D) and Physically Handicapped
persons shall be in force for the period commencing from the 23rd
September, 1990 to 31st May, 2011

[Amended in G.O. Ms. No. 147 G.A.(Ser. D) Dept., dt: 16-05-2003

w.e.f.01-06-2001.]

(g) If in any recruitment, qualified candidates belonging to the Scheduled

Castes, Scheduled Tribes, Backward Classes (Group-A), (Group-B), (Group-C)
and as the case may be (Group-D) and women are not available for
appointment to any or all the vacancies reserved for them, a limited
recruitment confined to candidates belonging to them shall be made
immediately after the general recruitment to select and appoint qualified
candidates from among the persons belonging to these communities to fill
such reserved vacancies.

(h) (I) If in any recruitment, qualified candidates belonging to Scheduled

Castes or, Scheduled Tribes or, Backward Classes (Group-A), (Group-B),
(Group-C) and as the case may be (Group-D) or women are not available for
appointment to all or any of the vacancies reserved for them even after
conducting a limited recruitment as specified in sub-rule (g), such vacancies
or vacancy may be allotted to the Open Competition after obtaining the
permission of the Government and may, thereafter, be filled by a candidate or
candidates selected on the basis of Open Competition.

(II) Where any vacancies reserved for the Scheduled Castes or Scheduled
Tribes or, Backward Classes (Group-A), (Group-B), (Group-C) and as the case
may be (Group-D) or Women are so filled by candidates belonging to other
communities, an equal number of vacancies shall be reserved in the
succeeding recruitment for the Scheduled Castes or Scheduled Tribes or,
Backward Classes or Women in addition to the vacancies that may be
available for that recruitment for them and if in the said succeeding
recruitment year also, qualified candidates belonging to the Scheduled Castes
or Scheduled Tribes or, Backward Classes (Group-A), (Group-B), (Group-C)
and as the case may be (Group-D) or Women are not available for
appointment all or any of the additional vacancies which are so reserved in
the that succeeding recruitment year, an equal number of vacancies shall
again be reserved in the next succeeding recruitment year for the Scheduled
Castes or, Scheduled Tribes or, Backward Classes (Group-A), (Group-B),
(Group-C) and as the case may be (Group-D) or Women in addition to the
number of vacancies that may be available for the next succeeding
recruitment for the Scheduled Castes or, Scheduled Tribes or, Backward
Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D)
or Women.

Provided that if in the said second succeeding recruitment also no qualified

candidates belonging to the Scheduled Castes or Scheduled Tribes or
Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be
(Group-D) or Women are available for appointment to all or any of the
additional vacancies which are so reserved in that succeeding recruitment
year, an equal number of vacancies shall again be reserved in the next
succeeding recruitment year for the Scheduled Castes or, Scheduled Tribes
or, Backward Classes (Group-A), (Group-B), (Group-C) and as the case may
be (Group-D) or Women in addition to the number of vacancies that may be

93
available for the next succeeding recruitment for the Scheduled Castes or,
Scheduled Tribes or Backward Classes or Women.

Provided further that in the third succeeding recruitment if qualified

candidates belonging to the Scheduled Tribes or as the case may be
Scheduled Castes are not available, a vacancy reserved to be filled by a
candidate belonging to Scheduled Tribes may be filled by a candidate
belonging to Scheduled Castes and a vacancy reserved to be filled by a
candidate belonging to Scheduled Castes may be filled by a candidate
belonging to Scheduled Tribes and if a qualified candidate belonging to a
particular group of Backward Classes (Group-A), (Group-B), (Group-C) and as
the case may be (Group-D) is not available for appointment, the vacancy
reserved to that group shall accrue to the next group.

Third Proviso omitted (G.O. Ms. No. 236, G.A. (Ser-D) Dept.,
dt: 25.6.1998)

(III) If any additional vacancy or vacancies reserved in favour of candidates

belonging to the Scheduled Castes or Scheduled Tribes or Backward Classes
(Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or
Women in any recruitment in accordance with the provisions in clause (II),
appointments thereto shall be made before the appointments in the order of
rotation for the relevant recruitments are made.

(i) At no selection for recruitment other than any limited recruitment made in
accordance with the provisions of sub-rule (g), the number of reserved
vacancies including the additional vacancies reserved under sub-rule (h), shall
exceed 52% of the total number of vacancies for the selection; and all
vacancies in excess of 52% of the total number of vacancies for which
recruitment is made on any particular occasion shall, notwithstanding
anything in this rule, be treated as unreserved:

Provided further that the carry forward vacancies and current reserved
vacancies in a recruitment year shall be available for utilisation even where
the total number of such reserved vacancies exceeds 52% of the vacancies
filled in that recruitment, in case the overall representation of the Scheduled
Castes, Scheduled Tribes, Backward Classes (Group-A), (Group-B), (Group-C)
and as the case may be (Group-D) and Women in the total strength of the
concerned grade or cadre, has not reached and prescribed percentage of
reservation of 15% for the Scheduled Castes, 6% for the Scheduled Tribes,
7% for Backward Classes (Group-A), 10% for Backward Classes (Group-B),
1% for Backward Classes (Group-C), 7% for Backward Classes (Group-D)
respectively.

(j) Where there is only a single solitary post borne on the class, or category
of a service, the rule of special representation shall not apply for appointment
to such post, not withstanding anything contained in the foregoing sub-rules.
Provided that the rule of special representation shall be applicable for
appointment if the number of posts borne on the cadre, category of grade is
more than one, even though selection is to be made against only one vacancy
at any recruitment other than limited recruitment.

94
(k) In respect of appointments by promotion or recruitment by transfer from
Subordinate Service to State Service, where such appointments or
recruitment by transfer is required to be made on the principle of merit and
ability, seniority being considered only where merit and ability are
approximately equal, the claims of any members of the Scheduled Castes and
Tribes shall be considered for such appointment on the basis of seniority
subject to fitness. Provided that a member of the Scheduled Caste or the
Scheduled Tribe possessing superior merit and ability shall be allowed to
supersede not only others but also the members of Scheduled Castes or
Scheduled Tribes as the case may be. Note:-

1) The principle of carry forward of vacancies in respect of Backward Classes

(Group-A), (Group-B), (Group-C) and as the case may be (Group-D) shall be
with effect from the 18th March, 1996.

2) The principle of carry forward of vacancies in respect of women shall be

with effect from the 28th October, 1996.

3) The principle of roster points for women candidates shall be with effect
from the 1st August, 1996.

(As amended in G.O.Ms.No.65, Genl. Admn. Dept., (Ser. D) Dept.,

dt:15-2-1997)

22-A WOMEN RESERVATION IN APPOINTMENTS :- Not withstanding

anything contained in these rules or special rules or Adhoc rules:-

(1) In the matter of direct recruitment to posts for which women are better
suited than men, preference shall be given to women: Provided that such
absolute preference to women shall not result in total exclusion of men in any
category of posts.

(2) In the matter of direct recruitment to posts for which women and men are
equally suited, there shall be reservation to women to an extent of 33 1/3%
of the posts in each category of Open Competition, Backward Classes (Group-
A), Backward Classes (Group-B), Backward Classes (Group-C), Backward
Classes (Group-D), Scheduled Castes, Scheduled Tribes and Physically
Handicapped and Ex-servicemen quota.

(3) In the matter of direct recruitment to posts which are reserved exclusively
for being filled for women, they shall be filled by women only.

(4) In the matter of promotion and appointment by transfer involving

promotion to posts for which women and men are equally suited and where
the cadre strength of posts is more than five there shall be reservation to
women to an extent of 33 1/3% in favour of Scheduled Castes and Scheduled
Tribes.

Provided that where no eligible women candidate available to fill up the roster
point earmarked to them, the vacancy shall be filled up with male SC/ST
candidates as the case may be.

95
NOTE:- (1) The principle of reservation for women candidates to the extent of
30% in the matter of direct recruitment shall be from 02-01-1984 to
27-05-1996 (G.O.Ms.No.928, General Administration (Services D)
Department, dated 06-10-1995).

(2) The principle of reservation for women candidates to the extent of 33 1/3
% in the matter of direct recruitment shall be with effect from the 28th May,
1996 (G.O.Ms.No.237, General Administration (Services D) Department,
dated 28-5-1996).

(As amended in G.O.Ms.No.65, General Administration (Services D)

Department, Dated 15-2-1997).

96
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Social Welfare Department - Public Services – State and Subordinate
Services – Rule of Reservation in promotions in favour of Scheduled Castes
and Scheduled Tribes - under Article 16(4A) of the Constitution of India –
Orders – Issued
SOCIAL WELFARE (SW.ROR.1) DEPARTMENT

G.O.Ms.No:5 Dated: 14th February, 2003

Read the following:

1. The Constitution (Eighty Fifth Amendment) Act, 2001 to

Article 16(4A) .
2. G.O.Ms. No.47, Social Welfare (CV.1) Department, dated
31-5-2000.
….
ORDER:

Article 16(4A) of the Constitution as amended by the Constitution

(Eighty Fifth Amendment) Act, 2001 reads as follows:

‘’ 16(4A): Nothing in this article shall prevent the State from making
any provision for reservation in matters of promotion, with
consequential seniority, to any class or classes of posts in the
services under the State in favour of the Scheduled Castes and
Scheduled Tribes which, in the opinion of the State, are not adequately
represented in the service under the State”.

2. The said Amendment to the Constitution has been made with an

objective of making a provision for reservation in matter of promotion with
consequential seniority to any class or classes of posts in the services under
the State in favour of Scheduled Castes and Scheduled Tribes which in the
opinion of the State, are not adequately represented in the service under the
State.

3. In view of the said amendment to the Constitution of India and the

demand for rule of reservation in promotion in favour of Scheduled Castes
and Scheduled Tribes from various Service Organisations of Scheduled Castes
and Scheduled Tribes, to all categories of posts in all departments has been
examined by the Government.

4. The Government after careful consideration, have decided to

implement rule of reservation in promotion to ensure adequate representation
of the Scheduled Caste and Scheduled Tribe employees, i.e., 15% and 6%
respectively in all categories of posts in all departments. The Government
therefore direct that;

a) Reservation shall be implemented in favour of Scheduled Castes and

Scheduled Tribes in promotion in all categories of posts in all State
Government departments with immediate effect.

b) Reservation in promotion in favour of Scheduled Castes and Scheduled

Tribes is applicable to all categories or cadres whose cadre strength is
more than five.

97
 c) The existing 100 point roster already prescribed in Rule 22 of the
Andhra Pradesh State and Subordinate Service Rules by the State
Government shall be followed in cases of promotion in all the
categories where reservation in promotion in favour of Scheduled
Castes and Scheduled Tribes is followed.

d) Reservation in promotion in favour of Scheduled Castes and Scheduled

Tribes shall be prospective and shall be made applicable to the posts
to be filled up. As on the date of issue of these orders, the Panel year
for 2002-2003 has already commenced from 1st September, 2002 and
therefore the panels already prepared and given effect shall not be
disturbed. The Panels which are not yet prepared shall now be
prepared based on rule of reservation in promotion and Panels
prepared and not given effect to, shall be reviewed on the principle of
reservation in promotion in favour of Scheduled Castes and
Scheduled Tribes.

e) Reservation in promotion in favour of Scheduled Castes and Scheduled

Tribes shall be applicable to those candidates who are fully qualified
and eligible to hold the post as per existing Rules and guidelines.

f) Reservation in promotion in favour of Scheduled Castes and Scheduled

Tribes shall also apply to other institutions in which reservation in
respect of Scheduled Castes and Scheduled Tribes is followed.

g) Detailed guidelines on filling up the roster points based on the rule of

reservation in promotions will be issued separately.

5. Appropriate amendment to Rule 22 of the Andhra Pradesh State and

Subordinate Service Rules, 1996 will be issued separately.

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

SATHI NAIR,
Chief Secretary to Government

To:
All Department of Secretariat, AP Hyderabad
All Heads of Departments
All District Collectors
The Secretary, A.P. Public Service Commission, AP Hyderabad
The Registrar, Andhra Pradesh High Court, AP Hyderabad
The Registrar, Andhra Pradesh Administrative Tribunal, AP Hyd
All Registrars of all Universities in the State
All Managing Directors of Public Sector Undertakings in A.P.
The Commr. of Printing and Stationery,for publication in AP Gazette
PS to Chief Secretary to Government, Genl. Admn. Department
PS to Secretary to Government(Poll), Genl.Admn. Dept
PS to Secretary to Government(Ser), Genl. Admn. Department
PS to Secretary to Government, Law Department
PS to Principal Secretary to Governent, Social Welfare Department
PS to Secretary to Government(TW), Social Welfare department
PS to Principal Secretary to C.M.
PS to Special Secretary to CM., AP Hyderabad
PS to Minister for Social Welfare, AP Hyderabad

98
PS to Minister for Tribal Welfare, AP Hyderabad
All Sections in Social Welfare Department
All Sections in Genl.Admn. Department

//Forwarded::By Order//
SECTION OFFICER

99
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Social Welfare Department – Public Services– Rule of Reservation in
promotion in favour of Scheduled Castes and Scheduled Tribes– under Article
16(4A) of the Constitution of India – guidelines –Issued.
SOCIAL WELFARE (ROR.1) DEPARTMENT

G.O.Ms.No.21, Dated 18th March, 2003

Read the following;

G.O.Ms.No. 5, S.W.(ROR.1) Department, dt. 14-02-2003

-ooOoo-
ORDER:
In the G.O. read above, orders have been issued for implementation
of Rule of Reservation in promotions in favour of Scheduled Castes and
Scheduled Tribes in all categories of posts in all departments. As per para
4(g) of the G.O. read above, Government hereby issue the following detailed
guidelines:

a) Promotion in favour of Scheduled Castes and Scheduled Tribes

shall be observed/implemented with effect from 14.2.2003 i.e.
date of issue of G.O.Ms.No.5, SW(ROR1)Dept. dt.14-02-2003
prospective only in services where it is not now available.

b) Reservation in promotion in favour of Scheduled Castes and

Scheduled Tribes shall be implemented in promotion in all the
categories of posts in all services whose total cadre strength of
posts is more than five(5).

c) The Rule 22 and the provisions there under of A.P.State and

Subordinate Service Rules shall apply in promotion in favour of
Scheduled Castes and Scheduled Tribes.

d) Where the existing Special Rules of any services provide

Reservation in promotion in favour of Scheduled Castes and
Scheduled Tribes, the existing order of rotation and the existing
unit and cycle shall continue.

e) Where the existing Special Rules do not provide reservation in

promotion in favour of Scheduled Castes and Scheduled Tribes,
a new and fresh order of rotation in a new and fresh unit of
hundred vacancies as laid down in Rule 22 of A.P.State and
Subordinate Services shall be followed in respect of Scheduled
Caste and Scheduled Tribe vacancies only.

f) Reservation in promotion in favour of Scheduled Caste and

Scheduled Tribe shall be applicable to those candidates who are
fully qualified eligible for promotion as per the Special Rules of
the service and A.P.State and Subordinate Service Rules, 1996.

g) The zone of consideration as laid down in rule 6 of A.P.State

and Subordinate Service Rules, 1996 in respect of Scheduled
Castes and Scheduled Tribes shall not be applicable to fill up

100
 the roster points meant for Scheduled Caste and Schedule Tribe
employees.

h) While preparing the panels of eligible candidates for promotion,

the names of eligible Scheduled Caste and Scheduled Tribe
employees from the feeder Category have to be shown against
the roster points earmarked for them irrespective of their
seniority position in the feeder category. However, if an
Scheduled Caste and Scheduled Tribe employees gets a higher
place in the eligible candidates list by virtue of his seniority in
the feeder category he need not be adjusted in a lower position
which is earmarked for an Scheduled Castes and Scheduled
Tribe employees as per the roster system. Such roster point
has to be filled up by moving up an Scheduled Caste and
Scheduled Tribe employees who is below in the seniority list in
the feeder category. Filling up the roster points shall continue
till the required percentage of Scheduled Caste and Scheduled
Tribe candidates is obtained. Once the required percentage is
obtained by taking into account both the Scheduled Caste and
Scheduled Tribe candidates who are found in the list of
candidates fit for promotion on account of their seniority in the
feeder category and those who are moved up to fill up the
required roster point, further adjustment of Scheduled Caste
and Scheduled Tribe employees against roster points has to be
stopped. Unutilized roster points after the required Scheduled
Caste and Scheduled Tribe percentage is met shall lapse. If
required number of Scheduled Caste and Scheduled Tribe
employees are not available in the feeder category to obtain
the required representation in the promotion category, the
vacancies earmarked for Scheduled Caste and Scheduled Tribe
employees according to the roster points will be carried
forward. An illustration is given in Annexure.

i) The promotion panels already prepared for the panel year

2002-2003 and given effect to/operated/partly operated i.e. if
promotions are affected, the said panels shall continue without
any changes or review and they shall not be re-opened.

j) The panel for 2002-2003 which are prepared and are not
operated as on 14.2.2003 have to be reviewed to provide
special representation in promotion for Scheduled Caste and
Scheduled Tribe employees.

k) Special Representation (Reservation) in promotion in favour of

Scheduled Caste and Scheduled Tribe shall also apply to all
Educational Institutions, Panchayat Raj Institutions,
Municipalities, Corporations, Boards, Authorities, Grandhalaya
Samsthas and Market Committees and other establishment
which are funded or aided by the State Government.

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

SATHI NAIR,
Chief Secretary to Government

101
To:
All Departments of Secretariat, AP Hyderabad
All Heads of Departments
All District Collectors
The Secretary, A.P.Public Service Commission, AP Hyderabad
The Registrar, Andhra Pradesh High Court, AP Hyderabad
The Registrar, Andhra Pradesh Administrative Tribunal, AP Hyderabad
All Registrars of all Universities in the State
All Managing Directors of Public Sector Undertakings in A.P.,
The Commissioner of Printing and Stationery for publication in AP Gazettee
PS to Chief Secretary to Government,Genl. Admn. Department
PS to Secretary to Government(Poll) ,Genl.Admn. Department
PS to Secretary to Government(Ser), Genl. Admn. Department
PS to Secretary to Government, Law Department
PS to Principal Secretary to Government, Social Welfare Department
PS to Secretary to Government(TW), Social Welfare Department
PS to Principal Secretary to C.M.
PS to Special Secretary to C.M., AP Hyderabad
PS to Minister for Social Welfare, AP Hyderabad
PS to Minister for Tribal Welfare, AP Hyderabad
All Sections in Social Welfare Department
All Section in Genl. Admn. Department
SF/SC
//FORWARDED BY ORDER//

SECTION OFFICER

ANNEXURE to the G.O.Ms..No.21, S.W.(ROR.l) Dept,dated 18.03.2003

Seniority list in the Feeder Category No. of post proposed to be filled

up in the

Explanation:

CASE.I
Illustrates a situation where there are no Scheduled Caste employees in the
first ten positions in the seniority list in the feeder category. As the posts to
be filled up in the promotion category are ten there will be two roster points
at Sl.No.2&7 to be filled up by Scheduled Caste employees. In this case
Scheduled Caste employees are available at S.No.22 & 28. As shown in the
list Sl.No.22will be shown against Sl.No.2 and Sl.No.28 will be shown at
S.No.7 in the promotion panel.

CASE.II:
Illustrates a situation when there is only one SC employee in the first ten
positions in the seniority list in the feeder category. In this case the SC
employee is available at Sl.No.1. He will not be brought down to Sl.No.2
which is a roster point in the promotion panel. He will remain at Sl.No.1
Sl.No.2 in the promotion panel which is a SC point will be filled up by Q a SC
employee, who is atSl.No.17 in the feeder category. Now that we have two
required SC candidates in a panel often, Sl No.7 in the panel will not be filled
up by another SC candidate. It will be filled up by other candidate as per his
turn in the seniority list.

102
CASE.III :

Illustrates a situation where there are two SC employees in the first ten
positions in the seniority list in the feeder category. In this case the SC
employees are available at Sl.No.4(D) and Sl.No.10(J). In the promotion
panelSl.No.2 and 7 which are SC points will be filled up by D at Sl.No.2 and J
at Sl.No.7. In all the examples it is assumed that the required Group SC
candidates are available to fill up the points earmarked for them. In cases
where they are not available, they have to be picked up from wherever they
are available in the feeder category and shown against the points earmarked
for the particular Group of SC. If the particular Group SC candidate is not
available the vacancy has to be filled up by the next group and so on as laid
down in G.O.Ms.No.47 Social Welfare (CV.I) Dept., dated:31.5.2000.

SECTIONOFFICER

103
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

A.P.State and Subordinate Service Rules, 1996 – Amendment to Rule 22 and

6 of the A.P. State and Subordinate Service Rules, 1996 – Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

G.O.Ms.No:123 Dated 19-04-2003

Read the following:-

1. G.O.Ms.No:436, G.A.(Ser.D) Department, dated 15-10-1996

2. G.O.Ms.No:5, Social Welfare (ROR-I) Department, dt:14-02-2003
3. G.O.Ms.No:21, Social Welfare (ROR-I) Department, dt:18-03-2003
4. From the APPSC., Lr.No:532/RR/2/2003, dated 17-04-2003.

-ooOoo-

O R D E R:

The following notification will be published in the Andhra Pradesh

Gazette:

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the

Constitution of India, and all other powers hereunto enabling the Governor of
Andhra Pradesh hereby makes the following amendment to the Andhra
Pradesh State and Subordinate Service Rules, 1996, issued in
G.O.Ms.No:436, G.A. (Ser-D) Department, dated 15th October, 1996 and
subsequently amended from time to time.

The amendments hereby made shall be deemed to have come into

force with effect from 14-02-2003.

AMENDMENTS

In the said rules, ----

I (1) In Rule 6 (b), the following shall be inserted as first proviso,

namely,-

“Provided that for promotion in respect of Scheduled Caste and

Scheduled Tribe candidates only, the zone of consideration in the ratio
1:3, shall not be applicable in respect of posts whose total cadre
strength is more than five”.

(2) After inserting the above proviso, ----

(a) In the second proviso, for the words “provided that” the words
“provided further that” shall be substituted.

(b) In the third proviso, for the words “provided further that” the
words “provided also that” shall be substituted.

104
II. In Rule 22,

(1) for clause (ii) of sub-rule (1) the following shall be substituted,
namely, --

(ii) “otherwise than by direct recruitment the principle of reservation in

the matter of promotion and appointment by transfer involving
promotion in so far it relates to Scheduled Castes and Scheduled
Tribes only shall apply to such services, Class or Category whose total
cadre strength of the post is more than five”.

(2) for, sub-rule 2(a), the following shall be substituted, namely,---

2(a) The unit of appointment for the purpose of direct recruitment shall be
hundred vacancies of which fifteen shall be reserved for Scheduled Castes,
six shall be reserved for Scheduled Tribes, twenty five shall be reserved
for Backward Classes and remaining fifty four appointments shall be made
on the basis of open competition and subject to Rule 22-A of these rules.

2(a)(i) The unit of appointment for the purpose of reservation in the

matter of promotion and appointment by transfer involving promotion
shall be hundred vacancies of which fifteen shall be reserved for
Scheduled Castes and six for Scheduled Tribe employees as per the roster
points in sub-rule 2(e).

A. In the case of appointments/promotions to the posts referred to in

clause 2 (a) (i) above, the panels of eligible candidates for promotion,
the names of eligible Scheduled Caste and Scheduled Tribe employees
from the feeder Category have to be shown against the roster points
earmarked for them irrespective of their seniority position in the
feeder category.

B. If a Scheduled Caste and Scheduled Tribe employee gets a higher

place in the eligible candidates list by virtue of his seniority in the
feeder category he need not be adjusted in a lower position which is
earmarked for an Scheduled Caste and Scheduled Tribe employees as
per roster system. Such roster point has to be filled up by moving up
an Scheduled Caste and Scheduled Tribe employees who is below in
the seniority list in the feeder category.

C. Filling up the roster points shall continue till the required percentage of
Scheduled Caste and Scheduled Tribe candidates is obtained. Once the
required percentage is obtained by taking into account both the
Scheduled Caste and Scheduled Tribe candidates who are found in the
list of candidates fit for promotion on account of their seniority in the
feeder category and those who are moved up to fill up the required
roster point, further adjustment of Scheduled Caste and Scheduled
Tribe employees against roster point has to be stopped.

D. Unutilized roster points after the required Scheduled Caste and

Scheduled Tribes percentage is met, shall lapse.

E. If required number of Scheduled Caste and Scheduled Tribe employees

are not available in the feeder category to obtain the required
representation in the promotion category. The vacancies earmarked
for Scheduled Caste and Scheduled Tribe employees according to the
roster points will be carried forward.

105
106
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Social Welfare Department – Public Services – Representation of Scheduled

Castes and Scheduled Tribes categories in the State and Sub-ordinate
Services – Policy of providing Rule of Reservation in promotions in favour of
Scheduled Castes and Scheduled Tribes – Orders – Issued.
SOCIAL WELFARE (SW.ROR1) DEPARTMENT

G.O.Ms.No.2 Dated: 9th January,2004.

Read the following:-

1 G.O.Ms.No.5, Social Welfare (ROR1) Department, Dated:

14.2.2003.
2 G.O.Ms.No.21, Social Welfare (ROR1) Department,
Dated:18.3.2003.
3 G.O.Ms.No.123, General Administration (Ser.D) Department,
Dated: 19.4.2003.

-ooOoo-
ORDER:

In the G.O. 1st read above, the State Government have ordered for
implementation of rule of reservation in promotion to ensure adequate
representation of Scheduled Castes and Scheduled Tribes, to the extent of
15% and 6% respectively in all categories of posts in all Departments, with
effect from 14.2.2003. In the G.O. 2nd read above necessary guidelines have
been issued and in the G.O. 3rd read above, the Andhra Pradesh State and
Sub-ordinate Service Rules have been amended to give effect to the policy of
Rule of reservation in promotions in respect of Scheduled Castes and
Scheduled Tribes.

2 The Government received representations asking for clarifications on

certain issues pertaining to the policy of reservation in promotions to the
Scheduled Castes and Scheduled Tribes. The Government have considered
the representations and accordingly issue the following comprehensive
orders:

3. Reservation in promotions shall be implemented in favour of

Scheduled Castes and Scheduled Tribes, in all categories of posts in all State
Government Departments, if they are not adequately represented to the
extent of 15% and 6% respectively. The crucial date for implementing the
rule of reservation in promotions shall be 14.2.2003, i.e., date of issue of
G.O. 1st read above.

4. Computation of adequacy of representation: For the purpose of

computing adequacy of representation of Scheduled Castes (15%) and
Scheduled Tribes (6%) in various categories, the following procedure shall be
followed.

(a) The persons belonging to Scheduled Castes and Scheduled

Tribes who have been promoted on the basis of seniority cum
merit, i.e., without applying the rule of reservation should also
be counted for judging the adequacy or otherwise of Scheduled
Caste / Scheduled Tribe representation.

107
 (b) The adequacy or otherwise representation should be counted in
respect of each category of posts but not for the Department as
a whole.

(c) If in respect of any category, if adequate representation already

exists as on 14.2.2003 or is attained at a later date, the rule of
reservation in promotion in favour of Scheduled Castes
/Scheduled Tribes shall not be applied further.

(d) For the purpose of computing the adequacy in respect of

Scheduled Castes (i.e.,15%), ABCD categorization will not be
observed and the adequacy will be with reference to total
number of employees irrespective of their ABCD categorisation.

5. Crucial date for determining the adequacy: 1st September shall be

reckoned as crucial date to determine the adequacy of representation in each
category of posts for Scheduled Castes & Scheduled Tribes. While arriving at
the number of vacancies to be filled based on rule of reservation in
promotions in respect of Scheduled Castes and Scheduled Tribes categories,
to achieve adequacy of representation, the fraction shall be ignored.

6. Reservation in promotion in favour of Scheduled Castes and Scheduled

Tribes, shall be implemented in promotions to all the categories of posts, in
all services whose total Cadre Strength is more than five.

7. Roster Points : The reservation in promotions in respect of Scheduled

Castes and Scheduled Tribes shall also include the gender based reservation.
In respect of Scheduled Castes the reservation shall be sub-category based.
The existing 100 point roster already prescribed in Rule 22 of Andhra Pradesh
State and Sub-ordinate Service Rules for direct recruitment shall be followed
for implementing the Rule of Reservation for promotion for Scheduled Castes
and Scheduled Tribes. However in so far as providing reservation for
Scheduled Castes based on sub-categorisation, the roster followed for direct
recruitment shall be followed. The roster for promotion is at annexure.

Note : Once the adequacy is achieved to the required percentage of 15% in

respect of Scheduled Castes and 6% in respect of Scheduled Tribes, in a
category, the application of the rule of reservation in promotions shall be
stopped and the promotions shall be effected based on merit cum seniority.
The candidates so promoted shall be fitted into the same roster, without
earmarking the reserved roster points. If on 1st September of any panel
year, the representation of Scheduled Castes / Scheduled Tribes is
inadequate, the reservation in promotions shall be resumed. The roster point
shall start from next point of the candidate figuring in the previous panel
prepared and given effect to. For example as on 1st September of a panel
year, there are 20 posts in a particular category and there are 2 SC
candidates in position. Therefore as on 1st September of a panel year, the
adequacy of SC representation is short by one candidate. The vacancies for
the panel year are estimated as 10. If the roster starts from 1, then the 2nd
roster point has to be filled up with SC-A candidate or with any other SC
candidate as per the procedure stipulated. After inclusion of the said
candidate there shall be adequacy of representation and there is no need to
follow the SC roster. The other candidates shall have to be promoted,
including the SC candidates if they are figuring in the general seniority list,
based on merit cum general seniority. They shall be shown at the continuous

108
roster points. The 7th roster point of SC shall be filled up with the candidate
based on merit cum seniority. The roster points from 1 to 10 shall have to be
filled up in such manner. In the next panel year, if it is found that there is
adequacy of SC representation, then the promotions shall be effected based
on general seniority and merit. If there is inadequacy of representation, SC
candidates shall be promoted based on roster. The roster point for that panel
year shall start from 11 and the next SC roster point is available at 16 and
the same shall be filled up with SC candidate.

8. Eligibility of Candidates: Reservation in promotion in favour of

Scheduled Castes and Scheduled Tribes shall be applicable to those
candidates who are fully qualified and eligible to hold the posts as per the
existing Rules and guidelines. If no qualified and eligible candidate available
the vacancy shall be carried forward.

9. Zone of consideration: The zone of consideration as laid down in Rule 6

of A.P.State and Sub-ordinate Service Rules, in respect of Scheduled Castes
and Scheduled Tribes categories shall not be applicable to fill up the roster
points meant for SC and ST categories.
10. The panels for the year 2002-2003, which were prepared prior to
14.2.2003 and operated totally or partially, shall continue without any
changes and they shall not be reopened. The panels for the year 2002-2003,
which were prepared and are not operated as on 14.2.2003 shall have to be
reviewed to implement the rule of reservation in promotion to Scheduled
Caste and Scheduled Tribe categories.

11. Non-availability of eligible candidates: If eligible candidates for

promotion are not available for promotion as per the roster point specified, it
shall be filled in by including the next candidate belonging to the next group
of Scheduled Caste.

Note: If an eligible candidate for promotion is not available from

Scheduled Caste-A, the roster point may be filled up by a
candidate of Scheduled Caste-B, and so on and so forth. In
case of women candidates also, the same process shall be
followed viz., if an eligible Scheduled Caste-A (Woman) is not
available, the roster point may be filled up by Scheduled
Caste–B (Woman) candidate and so on and so forth.

12. Conversion of roster point of Women: In case there are no qualified

women candidates available, the following procedure shall be followed.

(a) If no eligible women candidate is available to fill up the roster point

earmarked for Schedule Caste (Woman), the vacancy shall be filled up
with male candidate. However while filling the said vacancy, the roster
point shall be filled up with the same group of Scheduled Caste male
candidate as that of Scheduled Caste (Woman), to which it was originally
earmarked. If no male candidate is available then the same shall be filled
up with other Scheduled Castes candidates following in the same order.

Note: In the case of roster points fixed for Scheduled Caste (woman), if
Scheduled Caste-A (Woman) is not available, the vacancy may be
filled up by a Scheduled Caste-B(woman) and so on. If Scheduled
Caste (A,B,C,D) woman candidate is not available, the vacancy
may be filled up by Scheduled Caste (A,B,C,D) Male candidate in

109
 that order. If the roster point is earmarked for Scheduled Caste-B
woman candidate and no Scheduled Caste woman candidate is
available, the roster point shall be filled up with male candidate
belonging to Scheduled Caste-B category. If no Scheduled Caste-B
male candidate is available, the roster point shall be filled up with
Scheduled Caste-C male candidate and so on and so forth.

(b) In respect of Schedule Tribes, if Scheduled Tribe (Woman) candidate

is not available, for promotion to fill in the roster point earmarked for
Scheduled Tribe (Woman), the vacancy shall be filled up by a Scheduled
Tribe Male candidate.

13. Carry forward vacancies: Regarding carry forward of vacancies, if

no qualified candidates are available, the following procedure shall be
followed.

In case qualified Scheduled Caste/Scheduled Tribe candidates are not

available for a particular panel year the vacancy shall be carried forward to
the subsequent year. In the second year if Scheduled Caste/ Scheduled Tribe
candidates are not available, the vacancies or points meant for Scheduled
Caste/Scheduled Tribe candidates may be filled up by candidates from the
feeder category based on merit and seniority. The number of such vacancies
meant for Scheduled Caste and Scheduled Tribe should be carried forward
and filled up first in the immediate subsequent year with Scheduled
Caste/Scheduled Tribe candidates.

14. Special representation (reservation) in promotion in favour of

Scheduled Caste and Scheduled Tribe shall also apply to all Educational
Institutions, Panchayat Raj Institutions, Municipalities, Corporations, Boards,
Authorities, Grandhalaya Samsthas and Market Committees and other
establishments, where in the policy of reservation for Scheduled Castes and
Scheduled Tribes in direct recruitment is being followed.

15. Appropriate amendment to Rule 22 and 22-A of Andhra Pradesh State

and Sub-ordinate Service Rule shall be issued separately.

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

MOHAN KANDA
CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat, A.P., Hyderabad.
All Heads of Departments.
All District Collectors.
The Secretary, A.P.Public Service Commission, A.P., Hyderabad.
The Registrar, A.P.High Court, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, A.P., Hyderabad.
All Registrars of all Universities in the State.
All Managing Directors of Public Sector Undertakings in A.P.
The Commissioner of Printing and Stationery, A.P., Hyderabad (with a request to
print and furnish 400 copies)

110
P.S. to Chief Secretary to Government.
P.S. to Secretary to Government (Ser.), General Administration Dept..
P.S. to Secretary to Government, Law Department.
P.S. to Principal Secretary to Government, Social Welfare Department.
P.S. to Secretary to Government (TW), Social Welfare Dept.
P.S. to Principal Secretary to C.M.
P.S. to Special Secretary to C.M.,A.P., Hyderabad.
P.S. to Minister for Social Welfare, A.P., Hyderabad.
P.S. to Minister for Tribal Welfare, A.P., Hyderabad.
All Sections in Social Welfare Department.
All Sections in General Administration Department.
SF/SC.

// FORWARDED BY ORDER //

SECTION OFFICER.

---------------------------------------------------------------------------------------
ANNEXURE TO G.O.Ms. No. 2, SOCIAL WELFARE (ROR.1) DEPARTMENT,
DT.09.01.2004.

Roster Point Roster of SC (ABCD)/ST

No.
W= Women
1. --
2. SC (W) – A
3. --
4. --
5. --
6. --
7. SC-B
8. ST (W)
9. --
10. --
11. --
12. --
13. --
14. --
15. --
16. SC-C
17. --
18. --
19. --
20. --
21 --
22. SC (W) – B
23. --
24. --
25. ST
26. --

111
27. SC-C
28. --
29. --
30. --
31. --
32. --
33. ST
34. --
35. --
36. --
37. --
38. --
39. --
40. --
41. SC-B
42. --
43. --
44. --
45. --
46. --
47. SC(W)-C
48. --
49. --
50. --
51. --
52. SC-D
53. --
54. --
55. --
56. --
57. --
58. ST(W)
59. --
60. --
61. --
62. SC-B
63. --
64. --
65. --
66. SC(W)-C
67. --
68. --
69. --
70. --
71. --
72. SC-B
73. --
74. --
75. ST
76. --
77. SC-C
78. --
79. --

112
80. --
81. --
82. --
83. ST
84. --
85. --
86 --
87. SC(W)-B
88. --
89. --
90. --
91. SC-C
92. --
93. --
94. --
95. --
96. --
97. SC-B
98. --
99. --
100. --

SECTION OFFICER.

113
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

S.W.Department – Rule of reservation in promotions – Comprehensive

guidelines issued in G.O.Ms.No.2 SWD, dt.9-1-2004 – Amendment to
guideline regarding arriving at the number of vacancies to be filled up –
Orders – Issued.
SOCIAL WELFARE (SW.ROR1 DEPARTMENT

G.O.Ms.No.76 Dated 19th October, 2004.

Read the following:-

G.O.Ms.No.2, SW(ROR1) Department, dt.9-1-2004.

-ooOoo-

O R D E R:

In the G.O. read above comprehensive guidelines were issued for

implementing the Rule of Reservation in Promotions. Para No.5 reads as
follows:

“Crucial date for determining the adequacy: 1 st September shall be reckoned

as crucial date to determine the adequacy of representation in each category
of posts for Scheduled Castes and Scheduled Tribes. While arriving at the
number of vacancies to be filled based on rule of reservation in promotions in
respect of Scheduled Castes and Scheduled Tribes categories, to achieve
adequacy of representation, the fraction shall be ignored”.

2. Thus, it has been ordered to ignore the fraction while arriving at the
number of vacancies to be filled based on rule of reservation in promotions.

3. Due to this condition - “ignoring of fraction” in arriving at the

adequacy for Scheduled Castes and Scheduled Tribes, injustice is being
caused to SCs/STs while arriving at the adequacy. For example, if the cadre
strength of a post is 6 in a particular Department, 15% adequacy comes to
0.90. If fraction is to be ignored, as per the above guideline, the required
number of Scheduled Castes would be Zero, and, therefore, there would not
be any inadequacy.

4. Several representations have also been received to delete the

condition of “ignoring the fraction” in the aforesaid G.O. to arrive at the
adequacy.

5. The Government after careful examination of the matter hereby

decided to amend the Para-5 of G.O.Ms.No.2, SW (ROR1) Department, dated
9-1-2004. Accordingly the following amendment is issued to the G.O.read
above.

114
6. The amendment hereby made shall come into force with effect from
the current panel year 2004-2005.

AMENDMENT

In paragraph-5 of the G.O.Ms.No.2, S.W. (ROR1) Dept., dated

9-1-2004 for the expression “the fraction shall be ignored”, the following
expression shall be substituted namely;

“the fraction of 0.5 or more shall be rounded off to the next higher digit”.

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

MOHAN KANDA
CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat, A.P., Hyderabad.( with a request to
communicate the GO to the Heads Depts. under their control including the
public sector undertakings).
All District Collectors.
The Secretary, A.P.Public Service Commission, A.P., Hyderabad.
The Registrar, A.P.High Court, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, A.P., Hyderabad.
All Registrars of all Universities in the State.
The Commissioner of Printing and Stationery, A.P., Hyderabad (with a request to
print and furnish 400 copies)
P.S. to Chief Secretary to Government.
P.S. to Secretary to Government (Ser.), General Administration Dept..
P.S. to Secretary to Government, Law Department.
P.S. to Principal Secretary to Government, Social Welfare Department.
P.S. to Secretary to Government (TW), Social Welfare Dept.
P.S. to Principal Secretary to C.M.
P.S. to Special Secretary to C.M.,A.P., Hyderabad.
P.S. to Minister for Social Welfare, A.P., Hyderabad.
P.S. to Minister for Tribal Welfare, A.P., Hyderabad.
All Sections in Social Welfare Department.
All Sections in General Administration Department.
Copy to Law (J) Department.
SF/SC.

//Forwarded::By order//

SECTION OFFICER.

115
116
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Social Welfare Department – Public Services - Policy of providing Rule of

Reservation in Promotions in favour of SCs/STs - Modification - Orders –
Issued.
SOCIAL WELFARE (SW.ROR1) DEPARTMENT

G.O.Ms.No.16 Dated: 17th February, 2005.

Read the following:-

1. G.O.Ms.No.5, SW(ROR1) Dept., dated: 14-2-2003.

2. G.O.Ms.No.21, SW(ROR1)Dept., dated: 18-3-2003.
3. G.O.Ms.No.123, GA(Ser.D) Dept., dated: 19-4-2003
4. G.O.Ms.No.2, SW(ROR1)Dept., dated: 9-1-2004.
5. G.O.Ms.No.76, SW(ROR1) Dept., dated:19-10-2004.
6. Hon’ble Supreme Court Judgment dated:5-11-2004 in Civil
Appeal Nos.6758/2000, 6934/2000, 7344/2000 and
3442/2001, filed by Dr.E.V.Chinnaiah & others Vs. State of A.P.
7. G.O.Ms.No.91, SW (CV1)Dept., dated:23-12-2004.

-ooOoo-
ORDER:

In the G.O.first read above, the State Government have ordered for
implementation of Rule of Reservation in promotion to ensure adequate
representation of Scheduled Castes and Scheduled Tribes, to the extent of
15% and 6% respectively in all categories of posts in all Departments, with
effect from 14.2.2003. In the G.O. second read above, necessary guidelines
have been issued, and in the G.O. third read above, the Andhra Pradesh
State and Sub-ordinate Service Rules have been amended to give effective to
the policy of Rule of Reservation in promotions in respect of Scheduled Castes
and Scheduled Tribes. In the G.O. fourth read above, detailed guidelines
were issued for implementing the Rule of Reservation in promotions, inter alia
prescribing a roster of 100 points earmarking roster points as per
categorization of Scheduled Castes.

2. In view of the Hon’ble Supreme Court’s Judgment dated. 5-11-2004,

orders have been issued in G.O. seventh read above, cancelling the rules
issued in G.O.Ms.No. 47, Social Welfare (CV1) Dept., dated: 31-5-2000, in
which reservation in public appointments or posts and admissions to
Educational Institutions to Scheduled Castes was provided based on A,B,C,D
groups.

3. Consequent to the issue of orders in G.O.Ms.No.91, Social Welfare

(CV1) Dept., dated.23-12-2004, the orders issued in G.O.Ms.Nos.5, Social
Welfare (ROR1)Dept. dated: 14-2-2003, G.O.Ms.No.21, Social Welfare
(ROR1)Dept., dated: 18-3-2003 and G.O.Ms.No.2, Social Welfare
(ROR1)Dept., dated: 9-1-2004, read above are hereby modified to the
extent of Reservation in promotions based on A,B,C,D groups Scheduled
Castes. In other words, there shall be no categorization among Scheduled
Castes.

117
4. The other conditions/ guidelines for implementation of Rule of
Reservation in Promotions for Scheduled Castes /Scheduled Tribes shall
remain unchanged and be followed accordingly, while implementing the Rule
of Reservation in promotions for Scheduled Castes and Scheduled Tribes.

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

MOHAN KANDA
CHIEF SECRETARY TO GOVERNMENT

To
All Departments of Secretariat, A.P., Hyderabad
All Heads of Departments.
All District Collectors.
The Secretary, A.P.Public Service Commission, A.P., Hyderabad.
The Registrar, A.P.High Court, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, A.P., Hyderabad.
All Registrars of all Universities in the State.
The Commissioner of Printing and Stationery, A.P., Hyderabad (with a
request to print and furnish 400 copies)
P.S. to Chief Secretary to Government.
P.S. to Secretary to Government (Ser.), General Administration Dept..
P.S. to Secretary to Government, Law Department.
P.S. to Principal Secretary to Government, Social Welfare Department.
P.S. to Secretary to Government (TW), Social Welfare Dept.
P.S. to Principal Secretary to C.M.
P.S. to Special Secretary to C.M.,A.P., Hyderabad.
P.S. to Minister for Social Welfare, A.P., Hyderabad.
P.S. to Minister for Tribal Welfare, A.P., Hyderabad.
All Sections in Social Welfare Department.
Copy to Law(J) Dept.

//Forwarded::By order//
SECTION OFFICER.

118
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Social Welfare Department – Public Services - State and Subordinate

Services - Rule of Reservation in Promotions in favour of SCs/STs - under
Article 16(4A) of the Constitution of India – Amendment - Orders – Issued.
SOCIAL WELFARE (SW.ROR1) DEPARTMENT

G.O.Ms.No.17 Dated: 17th February,2005.

Read the following:-

1. G.O.Ms.No.5, SW(ROR1) Dept., dated: 14-2-2003.

2. G.O.Ms.No.91, SW(CV1)Dept., dt.23-12-2004.
3. G.O.Ms.No.16, SW(ROR1)Dept., dt.17-2-2005.

-ooOoo-

ORDER:

The following Amendment is issued to the G.O.Ms.No.5, SW(ROR1)

Dept., dated.14-2-2003.

AMENDMENT

In the said order the words “2, G.O.Ms.No.47, Social Welfare (CV1)
Dept., dated:31-5-2000” referred to under read the following, shall be
deleted.

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

MOHAN KANDA
CHIEF SECRETARY TO GOVERNMENT

To
All Departments of Secretariat, A.P., Hyderabad
All Heads of Departments./All District Collectors.
The Secretary, A.P.Public Service Commission, A.P., Hyderabad.
The Registrar, A.P.High Court, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, A.P., Hyderabad.
All Registrars of all Universities in the State.
The Commissioner of Printing and Stationery, A.P., Hyderabad
(with a request to print and furnish 400 copies)
P.S. to Chief Secretary to Government.
P.S. to Secretary to Government (Ser.), General Administration Dept..
P.S. to Secretary to Government, Law Department.
P.S. to Principal Secretary to Government, Social Welfare Department.
P.S. to Secretary to Government (TW), Social Welfare Dept.
P.S. to Principal Secretary to C.M.
P.S. to Special Secretary to C.M.,A.P., Hyderabad.
P.S. to Minister for Social Welfare, A.P., Hyderabad.
P.S. to Minister for Tribal Welfare, A.P., Hyderabad.
All Sections in Social Welfare Department./Copy to Law(J) Dept.

//Forwarded::By order//
SECTION OFFICER.

119
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Social Welfare Department – Public Services - Representation of Scheduled

Castes and Scheduled Tribes categories in the State and Sub-ordinate
Services - Policy of providing Rule of Reservation in Promotions in favour of
SCs/STs – Amendment - Orders – Issued.
SOCIAL WELFARE (SW.ROR1) DEPARTMENT

G.O.Ms.No.18 Dated: 17th February,2005.

Read the following:-

1. G.O.Ms.No.2, S.W.(ROR1) Dept., dt.9-1-2004.

2. G.O.Ms.No.91, SW (CV1)Dept., dt.23-12-2004.
3. G.O.Ms.No.16, SW(ROR1)Dept., dt.17-2-2005.

-ooOoo-
ORDER:

The following Amendment is issued to the G.O.Ms.No.2, SW(ROR1)

Department, dt.9-1-2004.

AMENDMENT

The Para-4 (d) of the said order, the expression “ For the purpose
of computing the adequacy in respect of Scheduled Castes (i.e.15%) ABCD
categorization will not be observed and the adequacy will be with reference to
total number of employees irrespective of their ABCD categorization” shall be
deleted.

For Para. 7 of the said order, the following shall be substituted

“Roster Points : The reservation in promotions in respect of Scheduled

Castes and Scheduled Tribes shall also include the gender based reservation.
The existing 100 point roster already prescribed in Rule 22 of Andhra Pradesh
State and Sub-ordinate Service Rules for direct recruitment shall be followed
for implementing the Rule of Reservation for promotion for Scheduled Castes
and Scheduled Tribes

Note: “Once the adequacy is achieved to the required percentage of

15% in respect of Scheduled Castes and 6% in respect of Scheduled Tribes, in
a category, the application of the rule of reservation in promotions shall be
stopped and the promotions shall be effected based on merit cum seniority.
The candidates so promoted shall be fitted into the same roster, without
earmarking the reserved roster points. If on 1 st September of any panel year,
the representation of Scheduled Castes/ Scheduled Tribes is inadequate, the
reservation in promotions shall be resumed. The roster point shall start from
next point of the candidate figuring in the previous panel prepared and given
effect to. For example as on 1st September of a panel year, there are 20
posts in a particular category and there are 2 SC candidates in position.
Therefore as on 1st September of a panel year, the adequacy of SC
representation is short by one candidate. The other candidates shall have to
be promoted, including the SC candidates if they are figuring in the general
seniority list, based on merit cum general seniority. They shall be shown at
the continuous roster points. The 7th roster point of SC shall be filled up with

120
the candidate based on merit cum seniority. The roster points from 1 to 10
shall have to be filled up in such manner. In the next panel year, if it is
found that there is adequacy of SC representation, then the promotions shall
be effected based on general seniority and merit. If there is inadequacy of
representation, SC candidates shall be promoted based on roster. The roster
point for that panel year shall start from 11 and the next SC roster point is
available at 16 and the same shall be filled up with SC candidate”.

The Annexure appended to the said order shall be deleted.

The Para. 11 including note of the said order shall be deleted.

For Para.12 of the said order, the following shall be substituted “ In

case there are no qualified women candidates available, for promotion to fill
in the roster points earmarked for SC(Women) / ST (Women) the vacancies
shall be filled by SC(Male) / ST (Male) candidates”

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

MOHAN KANDA
CHIEF SECRETARY TO GOVERNMENT
To
All Departments of Secretariat, A.P., Hyderabad).
All Heads of Departments
All District Collectors.
The Secretary, A.P.Public Service Commission, A.P., Hyderabad.
The Registrar, A.P.High Court, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, A.P., Hyderabad.
All Registrars of all Universities in the State.
The Commissioner of Printing and Stationery, A.P., Hyderabad (with a request to
print and furnish 400 copies)
P.S. to Chief Secretary to Government.
P.S. to Secretary to Government (Ser.), General Administration Dept..
P.S. to Secretary to Government, Law Department.
P.S. to Principal Secretary to Government, Social Welfare Department.
P.S. to Secretary to Government (TW), Social Welfare Dept.
P.S. to Principal Secretary to C.M.
P.S. to Special Secretary to C.M.,A.P., Hyderabad.
P.S. to Minister for Social Welfare, A.P., Hyderabad.
P.S. to Minister for Tribal Welfare, A.P., Hyderabad.
All Sections in Social Welfare Department.

//Forwarded::By order//

SECTION OFFICER.

121
 GOVERNMENT OF ANDHRA PRADESH
SOCIAL WELFARE (CV.1) DEPARTMENT

Memorandum No:8904/CV.1/2000 Dated 01-02-2006

Sub:- SWD – Clarification sought on the Judgment of Hon’ble

Supreme Court of India, dated 5-11-2004 in Civil Appeal
No:6758/2000 E.V.Chinnaiah Vs.State of Andhra Pradesh –
Clarification issued – Regarding.

Ref:- 1. The Hon’ble Supreme Court’s Judgment dt:05-11-2004

2. I.A.No:5 in Civil Appeal No:6758/2000, Judgment of the
Hon’ble Supreme Court of India, dated 25-09-2006.

-ooOoo-

The attention of all the Departments of Secretariat and Heads of

Departments is invited to the reference 1 st cited and they are informed that
the Hon’ble Supreme Court passed Judgment in Civil Appeal No:6758 of 2000
and batch dated 5-11-2004, declaring the A.P.Scheduled Castes
(Rationalisation of Reservations) Act 20 of 2000 as ultra virus to the
Constitution.

They are also informed that in view of the above orders, an

application has been filed in the Hon’ble Supreme Court of India to permit the
State Government to implement the orders of Hon’ble Supreme Court with
prospective effect alone, for the reasons stated therein. The Hon’ble
Supreme Court in its judgment, dated 25-9-2006 in I.A.No:5 in Civil Appeal
No:6758 of 2000 has passed judgment is as follows:

“Counsel appearing on behalf of the non-applicants, who were

appellants in these appeals have no objection to a clarification
being given that all selections made and admissions granted in
educational institutions prior to the judgment of this court shall
not be affected. Similarly, all appointments made prior to the
judgment of this Court on the basis of reservation permitted by
the Legislation which has been struck down by this Court, shall
also not be affected. Promotions, if any, already granted
before the judgment of this Court shall also remain unaffected.”

Further clarified that “no admission granted, appointment made or

promotion granted subsequent to the judgment of this Court be valid, if they
are in breach of the law laid down by this court in its aforesaid judgment.

All the Departments of Secretariat and Heads of Departments are

therefore requested to take necessary further action in the matter, as per the
Hon’ble Supreme Court orders and also acknowledge the receipt of the Memo.

AJOYENDRA PYAL,
PRINCIPAL SECRETARY TO GOVERNMENT.

To
All Departments in Secretariat.

122
 GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Social Welfare Department – Rule of Reservation in Promotions –

Comprehensive Guidelines issued - Amendment to Guidelines – Orders
Issued.
SOCIAL WELFARE (ROR-I) DEPARTMENT

G.O.Ms.No. 4 Dated: 24-01-2007

Read the following:-

1. G.O.Ms.No. 123, G.A.(Ser.D) Dept., Dt. 19-04-2003

2. G.O.Ms.No. 2, S.W.(ROR.1) Dept., Dt. 09-01-2004
3. G.O.Ms.No. 76, S.W.(ROR.1) Dept., Dt. 19-10-2004

-ooOoo-

ORDER:

1. In the G.O. 2nd read above, comprehensive guidelines were issued for
implementing the rule of reservation in promotions.

2. In the G.O. 3rd read above, an amendment was issued to the

paragraph 5 of G.O.Ms.No 2, Social Welfare (ROR.1) Department dated
9-1-2004 that the fraction of 0.5 or more shall be rounded off to the next
higher digit.

3. The rule of reservation is to be implemented where there is

inadequacy of scheduled caste/scheduled triple candidates provided that the
cadre strength is more than five. It is observed that is case of scheduled
tribes, if the cadre strength is 6, the required adequacy would be 0.36 i.e. nil
(6% of 6 posts). Hence when the required adequacy in nil, there is no
question of inadequate representation and rule of reservation in promotions
need not be implemented. Similarly, for the posts where the cadre strength is
7 or 8 also, rule of reservation in promotion in respect of scheduled tribes can
not be implemented, even though the cadre strength is more than 5

4. Several representations have also been received for amendment to

Para 5 in G.O.Ms.No.2,SW(ROR.1), Department, dated 9-1-2004, to the effect
that is respect of scheduled tribes the required adequacy may be taken as
one for the posts whose cadre strength is 6,7 or 8.

5. The Government, after careful examination of the matter, hereby

decide to amend the G.O.Ms.No.2, SW(ROR.1) Department, dated 9-1-2004,
so as to make applicable the rule of Reservation in promotions, in respect of
scheduled tribes, for the posts where the cadre strength is 6,7 or 8.
Accordingly, the following amendment is issued to G.O.Ms.No.2, Social
Welfare (ROR.1) Department, dated 9-1-2004.

123
6. The amendment hereby made shall come into force with effect from
the current panel year 2006-07, and the roster point shall be filled with the
scheduled tribe candidate where the turn comes, for implementation of rule of
reservation in favour of scheduled tribes.

AMENDMENT

At the end of the paragraph 5 of the said G.O. the following shall be
added, namely:-

“In respect of Scheduled tribes, the required adequacy may be

taken as one for the posts whose cadre strength is 6, 7 or 8”.

Appropriate amendment to rule 22 of Andhra Pradesh State &

subordinate Service Rules shall be issued separately.

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

J.HARINARAYAN
CHIEF SECRETARY OF GOVERNMENT

To:
All Departments of Secretariat, AP Hyderabad
All Heads of Departments
All District Collectors
The Secretary, A.P.Public Service Commission, AP Hyderabad
The Registrar, Andhra Pradesh High Court, AP Hyderabad
The Registrar, Andhra Pradesh Administrative Tribunal, AP Hyderabad
All Registrars of all Universities in the State
All Managing Directors of Public Sector Undertakings in A.P.,
The Commissioner of Printing and Stationery for publication in AP Gazettee
PS to Chief Secretary to Government, Genl. Admn. Department
PS to Secretary to Government(Poll) ,Genl.Admn. Department
PS to Secretary to Government(Ser), Genl. Admn. Department
PS to Secretary to Government, Law Department
PS to Principal Secretary to Government, Social Welfare Department
PS to Secretary to Government(TW), Social Welfare Department
PS to Principal Secretary to C.M.
PS to Special Secretary to C.M., AP Hyderabad
PS to Minister for Social Welfare, AP Hyderabad
PS to Minister for Tribal Welfare, AP Hyderabad
All Sections in Social Welfare Department
All Section in Genl. Admn. Department
SF/SC
//FORWARDED BY ORDER//

SECTION OFFICER

124
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Social Welfare Department - Rule of Reservation in promotions –

Comprehensive guidelines issued – Amendment to guidelines – Orders –
Issued.
SOCIAL WELFARE (ROR1) DEPARTMENT

G.O.Ms.No.154 Dated.30–7-2008.
Read the following:-

1.G.O.Ms.No.123, G.A.(Ser.D) Department, dated.19-4-2003.

2.G.O.Ms.No.2, SW(ROR1)Department, dated. 9-1-2004.
3.G.O.Ms.No.76, SW(ROR1)Department, dated.19-10-2004,
4.G.O.Ms.No.4, SW(ROR1)Department, dated.24-1-2007.
5.Representation of Sri G.Jojappa, General Secretary, A.P.State
Govt. BC, SC & ST Employees Association and others, dated:
18.04.2008 and of Secretariat SC/ST employees dated.28-3-2006.

-ooOoo-

O R D E R :-

In the G.O. 2nd read above, comprehensive guidelines were issued for
implementing the Rule of Reservation in Promotions.

2. In the G.O.3rd read above, an amendment was issued to the

Paragraph 5 of G.O.Ms.No.2, Social Welfare (ROR1) Department, dated
9-1-2004 that the fraction of 0.5 or more shall be rounded off to the next
higher digit”.

3. In the G.O.4th read above, an amendment was issued at the end of

the Paragraph 5 of the G.O. 2nd read above, i.e., “In respect of Scheduled
Tribes, the required adequacy may be taken as one for the posts whose cadre
strength is 6,7 or 8”.

4. In the reference 5th read above, the General Secretary, of A.P.State

Government SC, ST and BC Employees Association and others have
represented to the Government that, as per Rules the panel year starts on 1st
September of the year and ends on 31 st August of the subsequent year and
that while preparing the panels, the adequacy of representation of the SCs /
STs is being calculated and worked out as per the position existing on 1st
September of the year only as indicated in Para 5 of the G.O.Ms.No.2,
SW(ROR1) Dept., dated.9-1-2004, and the vacancies which will arise due to
retirements or on further promotions etc., of SC/ST candidates within the
panel year i.e., upto the 31st August of the subsequent year, are not being
filled up till the preparation of the new panel. This is causing much hard ship
to the SC/ST candidates and is also detrimental to the policy of the
Government in introducing the Rule of Reservations for SCs and STs in
promotions. Hence they have requested the Government to issue suitable
amendment to Para 5 of G.O.Ms.No.2, SW (ROR1) Department, dated
9-1-2004.

125
5. The Government, after careful examination of the matter, hereby
decided to amend suitably to Paragraph 5 of G.O.Ms.No.2, SW (ROR1)
Department, dated 9-1-2004, so as to enable to take into consideration the
vacancies which may arise in the panel year besides the existing vacancies of
SC/ST candidates as on 1st September.

6. Accordingly, the following amendment is issued to G.O.Ms.No.2, SW

(ROR1)Department, dated 9-1-2004.

AMENDMENT

To Paragraph-5 of G.O.Ms.No.2, Social Welfare (ROR1) Department

dated.9-1-2004, the following ‘Note’ shall be added namely:-

NOTE:-“While preparing panels for giving effect to the rule of

reservation in promotions, the existing vacancies of SC/ST
candidates and those which may arise in the panel year shall
also be taken into consideration for including those candidates
in the panel for achieving their adequate representation. The
rule 6(b), d(i) & (ii) (1)(2) and (e) of the A.P. State &
Subordinate Service Rules, 1996 shall be followed
scrupulously”.

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

P. RAMAKANTH REDDY
CHIEF SECRETARY TO GOVERNMENT

To
All Departments of Secretariat, A.P., Hyderabad
All Heads of Departments.
All District Collectors.
The Secretary, A.P.Public Service Commission, A.P., Hyderabad.
The Registrar, A.P.High Court, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, A.P., Hyderabad.
All Registrars of all Universities in the State.
The Commissioner of Printing and Stationery, A.P., Hyderabad
(with a request to print and furnish 400 copies)
P.S. to Chief Secretary to Government.
P.S. to Secretary to Government (Ser.), General Administration Dept..
P.S. to Secretary to Government, Law Department.
P.S. to Principal Secretary to Government, Social Welfare Department.
P.S. to Secretary to Government (TW), Social Welfare Dept.
P.S. to Principal Secretary to C.M.
P.S. to Special Secretary to C.M.,A.P., Hyderabad.
P.S. to Minister for Social Welfare, A.P., Hyderabad.
P.S. to Minister for Tribal Welfare, A.P., Hyderabad.
All Sections in Social Welfare Department.
Copy to Law (J) Dept.
// FORWARDED BY ORDER //
SECTION OFFICER

126
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Social Welfare Department – Rule of Reservation in promotions in favour of

Scheduled Caste/Scheduled Tribe employees – Amendment to G.O.Ms.No.5,
SW (ROR1) Department, dated.14-2-2003 – Issued.
SOCIAL WELFARE (ROR1) DEPARTMENT

G.O.Ms.No.26 Dated.20-02-2009.
Read the following:-

1. G.O.Ms.No.5, SW(ROR1) Dept., dated.14-2-2003.

2. G.O.Ms.No.2, SW(ROR!)Dept., dated.9-1-2004.
3. From the CSW, AP, Hyderabad, Lr.No.R1/12131/2008,
dated.20-11-2008.

-ooOoo-
O R D E R:

In the G.O. first read above, orders were issued to implement rule of
reservation in promotions to ensure adequate representation of Scheduled
Castes and Scheduled Tribes in services to the extent of 15% and 6%
respectively. Accordingly, comprehensive guidelines were issued for
implementing the rule of reservation vide G.O. second read above.

2. It was brought to the notice of the Government that certain

Engineering Departments in the State are resorting to make in charge
arrangements for holding higher promotional posts instead of effecting
promotions/ad hoc promotions as there are certain court cases pending
regarding finalization of seniority. Hence, requests are made to implement
rule of reservation in favour of Scheduled Castes/Scheduled Tribes while
making incharge arrangements for holding higher promotional posts and also
to insert the words “with consequential seniority” in consonance with Article
16 4 (A) of Constitution of India (85th Amendment, Act, 2001) in the
operative part of the G.O.Ms.No.5, Social Welfare (ROR.1) Department,
dated. 14-2-2003.

3. In view of the above, and the circumstances reported by the

Commissioner of Social Welfare, AP, Hyderabad in the letter third read above,
Government, after careful examination of the matter, hereby decide to amend
the G.O.Ms.No.5, Social Welfare (ROR.1) Department, dated
14-2-2003, to ensure implementation of rule of reservation in favour of
Scheduled Castes /Scheduled Tribes in services effectively.

4. Accordingly, the following amendment is issued to the orders issued in

G.O.Ms.No.5, S (SW.ROR.1) Dept., dated.14-2-2003.

AMENDMENT
In the said G.O.,

(1) for paragraph 4(a), the following shall be substituted, namely;

“(a) Reservation shall be implemented with consequential seniority in

favour of Scheduled Castes and Scheduled Tribes in promotion in all

127
 categories of posts in all State Government Departments with
immediate effect”.

(2) after paragraph 4(g), the following shall be added, namely:-

“(h) For the purpose of achieving adequacy of Scheduled Castes

/Scheduled Tribes in services, the Rule of Reservation in making
incharge arrangements in exigencies of administration for holding
higher promotional posts shall be followed, whenever such
arrangements are made after obtaining relaxation of Rule 10 (h) of
A.P. State and Subordinate Service Rules, 1996

Note: The incharge arrangements for holding higher promotional

posts/ adhoc promotions already made by observing the rule of
reservation in favour of Scheduled Castes / Scheduled Tribes shall be
continued to achieve the objective of implementation of rule of
reservation in favour of Scheduled Castes / Scheduled Tribes in
services”.

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

P. RAMAKANTH REDDY
CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat, A.P., Hyderabad
All Heads of Departments.
All District Collectors.
Copy to the Registrar, A.P.High Court, Hyderabad.
Copy to the Registrar, Andhra Pradesh Administrative Tribunal, A.P., Hyd.
The Commissioner of Printing and Stationery, A.P., Hyderabad (with a request
to print and furnish 400 copies)
P.S. to Chief Secretary to Government.
P.S. to Secretary to Government (Ser.), General Administration Dept..
P.S. to Secretary to Government, Law Department.
P.S. to Principal Secretary to Government, Social Welfare Department.
P.S. to Secretary to Government (TW), Social Welfare Dept.
P.S. to Principal Secretary to C.M.
P.S. to Special Secretary to C.M.,A.P., Hyderabad.
P.S. to Minister for Social Welfare, A.P., Hyderabad.
P.S. to Minister for Tribal Welfare, A.P., Hyderabad.
The General Administration (Ser.D) Department.
Copy to Law(J) Dept.
SF/SCs.
//Forwarded::By order//
SECTION OFFICER

128
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Andhra Pradesh State & Subordinate Service Rules – Amendment to

Rule-22-A – Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

G.O.Ms.No. 449 Dated:15-9-2009

Read the following:-

1) G.O.Ms.No.436, General Administration (Services-D)

Department, Dated: 15.10.1996.
2) G.O.Ms.No.5, Social Welfare (ROR.1) Department,
Dated:14.2.2003.
3) G.O.Ms.No.123, General Administration (Ser-D) Department,
Dated:19.4.2003.
4) G.O.Ms.No.2, Social Welfare (ROR.1) Deptt., Dated: 9.1.2004.
5) From the Secretary, Andhra Pradesh Public Service Commission,
Lr.No.924/RR/09, Dated:5-9-2009

***
ORDER:-

The following notification shall be published in the Andhra Pradesh

Gazette.

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of

Constitution of India, the Governor of Andhra Pradesh, hereby makes the
following amendment to the Andhra Pradesh State and Subordinate Service
Rules, 1996, issued in G.O.Ms.No.436, General Administration (Services-D)
Department, dated the 15th October, 1996 as subsequently amended from
time to time.

2. The amendment shall be deemed to have come into force on the 14th
February. 2003.

AMENDMENT

In rule 22-A of the said rules, after sub-rule (3) the following shall be
added, namely:-

“(4) In the matter of promotion and appointment by transfer involving

promotion to posts for which women and men are equally suited and
where the cadre strength of posts is more than five there shall be
reservation to women to an extent of 33 1/3% in favour of Scheduled
Castes and Scheduled Tribes.

129
 Provided that where no eligible women candidate is available to fill up
the roster point earmarked to them, the vacancy shall be filled up with
male SC/ST candidates as the case may be”.

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

M. VEERABHADRAIAH
Secretary to Government (Services & HRM)

To
The Commissioner, Printing Stationery & Stores Purchase, Hyderabad
for publication of the notification in the A.P. Extraordinary Gazette,
with a request to supply 50 copies.
All Departments of Secretariat,
All Heads of Departments,
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad,
All District Collectors,
All Service Sections in the General Administration Department,
The Law(E)Department,
The PS to Chief Minister,
The PS to Chief Secretary,
Sc/Sf.

//Forwarded::By Order//
SECTION OFFICER

130
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Dept. for Women, Children, Disabled and Senior Citizens – Reservation of

Posts in favour of Persons with Disabilities and Interchange among the 3
categories of Disabled Persons in accordance with PWD Act, 1995 & Order of
APAT in OA No.9612 of 2009 dated 11-08-2010 – Revised - Orders – Issued.
DEPT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (DW)

G.O.Ms.No.23 Dated: 26-05-2011

Read the following:-

1) G.O.Ms.No.115,WDCW & ( (WH.Desk) Deptt.Dt.30-7-1991.

2) GO. Ms .No. 18, WD, CW & L Dept, dt:01-03-1994.
3) G.O.Ms.No.72 WD&CW (WH.Desk) Deptt.Dated 5-8-1997
4) G.O.Ms.No.112,WD&CW (WH) Deptt.dt.6-12-1997.
5) G.O.Ms.No.385, G.A.(Ser.D)Deptt.dt.18-11-2000.
6) G.O.Ms.No.52, WDCW & DW (DW) Deptt,dt.25-10-2002
7) G.O.Ms.No.41, WDCW&DW (DW) Deptt.dt.27-11-2003
8) G.O.Ms.No.252, G.A.(Ser.) Deptt.dt.28-8-2004.
9) Orders of A.P.A.T., Hyd dated 11-8-2010 in O.A.No.9612/09
10) From the Commissioner, Disabled Welfare, Hyderabad,
Letter.No.C1/3490/2010, dt.20-11-2010.

-ooOoo-
O R D E R:-

Orders were issued in the reference 1st read above, fixing 3%

reservation in favour of Handicapped persons in the ratio of 1:1:1 for the
Blind, Deaf/ Dumb and Orthopedically Handicapped respectively. In the
reference 3rd read above, orders were issued fixing roster points to the
different categories of handicapped including women.

2. Based on the orders issued in the G.O.7th read above, General

Administration (Ser.D) Department had issued orders fixing the roster points
and amended the State and Subordinate Service Rules accordingly in the
reference 8th read above.

3. According to rule 22 (2) (e) of the Andhra Pradesh State and

Subordinate Service rules, 1996 as amended in G.O.Ms.No.252, G.A.(Ser.D)
Department dated 28-8-2004, the 6th,31st and 56th points in each cycle of
100 vacancies shall be allotted to the Visually Handicapped, Hearing
Handicapped and Orthopedically Handicapped persons respectively as stated
above and where qualified and suitable candidates are not available from
among them, the turn allotted for them in the unit referred to above shall be
carried forward for three succeeding recruitment years. In the third
succeeding recruitment year, if disabled candidates from any category are not
available for appointment in the turn allotted, the vacancy shall be filled by
next group of disabled in rotation by effecting interchange and the
reservation shall cease thereafter.

4. Section 36 of the Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation Act, 1995 (Central Act No.1 of
1996) provides that where in any recruitment year any vacancy under Section
33, cannot be filled up due to non availability of a suitable person with

131
disability or, for any other sufficient reason, such vacancy shall be carried
forward in the succeeding recruitment year and if in the succeeding
recruitment year also person with disability is not available, it may first be
filled by interchanging among three categories and only when there is no
person with disability available for the post in that year, the employer shall fill
up the vacancy by appointment of a person, other than a person with
disability:

Provided that if the nature of vacancies in an establishment is such

that a given category of person cannot be employed, the vacancies may be
interchanged among the three categories with the prior approval of the
appropriate Government.

5. The Andhra Pradesh Administrative Tribunal, Hyderabad in its order in

O.A.No.9612/2009, dated 11-08-2010 while allowing the said O.A. in part
quashing the rule issued under G.O.ms.No.252, G.A.(Ser.D) Deptt.dt.28-08-
2004 to the extent of prescribing the period of three years.

6. Government after careful examination of the matter and in consonance

with the provisions of Section 36 of the PWD Act, 1995 (Central Act No.1 of
1996) and the aforesaid orders of the Andhra Pradesh Administrative Tribunal
and in supersession of the orders issued in the references 1st to 7th read
above, issue the following comprehensive orders:-

i) 3% of vacancies in case of Direct Recruitment for persons or class of

persons with disability of which one per cent, each shall be reserved
for persons suffering from:-

a) blindness or low vision;

b) hearing impairment;
c) locomotor disability or cerebral palsy,

Provided that the Government may, having regard to the type of work
carried on in any department or establishment, by notification subject
to such conditions, if any, as may be specified in such notifications,
exempt any establishment from the provisions of this reservation, as
per the procedure prescribed at para ( 7) of this Order.

ii) Definitions of disabilities: Definitions of categories of disabilities for

the purpose of reservations in posts shall be as stipulated in PWD Act.

iii) The reservation among the 3 categories of Persons with Disabilities

i.e. Blindness or Low vision, Hearing Impairment and Locomotor
Disability or Cerebral Palsy in three cycles and reservation for women
among them shall be as follows:-

1 TO 100
06 31 56
(Blindness or Low (Hearing Impaired) (Locomotor Disability
Vision) (Women) (open) or Cerebral Palsy)
(Open)

132
 101-200
106 31 156
(Blindness or Low (Hearing Impaired) (Locomotor Disability
Vision) (Open) (women) or Cerebral Palsy)
(Open)
201-300
206 231 256
(Blindness or Low (Hearing Impaired) (Locomotor Disability
Vision) (Open) (open) or Cerebral Palsy)
(Women)

iv) Where in any recruitment year, any vacancy cannot be filled up

due to non availability of a suitable person with disability or, for
any other sufficient reason as specified above, such vacancy
shall be carried forward to the succeeding recruitment year for
being filled from the same category. If in that year also
qualified candidates of the same category are not available,
the same shall be notified for being filled up by interchanging
from among the three categories. Only when there is no person
with disability of any of the 3 categories available for the post,
the employer shall fill up the vacancy by appointment of a
person, other than a person with disability.

Provided that if qualified women candidates are not available

for the posts reserved for women, qualified male candidates of
the same category of disabled may be appointed.

Illustration 1 for Para 6 (iv):-

a) In the case of 6th roster point fixed for Blindness or Low

Vision(Woman), if woman candidate with Blindness or Low
Vision is not available in the initial recruitment year, the
vacancy may be carried forward to the succeeding recruitment
year for being filled up by woman with Blindness or Low Vision;

b) If woman candidate with Blindness or Low Vision in that

succeeding recruitment year also is not available, the same
shall be notified inviting applications from male candidate also
with Blindness or Low Vision. If male candidate with Blindness
or Low Vision is also not available, the post may first be notified
for Hearing impaired candidate (being next category in the
roster) and if no such candidate comes forward it may be
notified for locomotor disability or cerebral palsy (being the
next category in the roster);

c) Only when there is no person with disability of any of the 3

categories available for the post, the employer shall fill up the
vacancy by appointment of a person other than a person with
disability.

d) For the other roster points reserved for women for remaining
two categories of disabilities i.e. roster points 131, 256 the
Same procedure explained at (a) to (c) above shall be followed.

133
Illustration 2 :-

a) Similarly in the case of 31st roster point fixed for Hearing

Impaired, if candidate with Hearing Impairment is not available
in the initial recruitment year, the vacancy may be carried
forward to the succeeding recruitment year for being filled up
by a candidate who is Hearing Impaired.

b) If candidate with Hearing Impairment in that succeeding

recruitment year also is not available, the same shall be
notified for being filled up by interchanging from among the
remaining 2 (two) categories first by candidate with Locomotor
Disability or Cerebral Palsy and then by Blindness or Low Vision
( being next roster points)

c) Only when there is no person with disability of any of the 3

categories available for post shall the employer fill up the
vacancy by appointment of a person, other than a person with
disability.

d) For the other roster points reserved for three categories of

persons with disabilities other than women i.e. roster points 56,
106,156,206 and 231 the same procedure explained above at
(a) to (c) shall be followed.

7. When any department considers that it is not possible to provide

reservation for any category of Persons with Disabilities or that the extent of
reservation needs to be reduced or that the extent of disability needs to be
specified, keeping in view the nature of duties to be performed by the
employees in that particular department, the department may seek partial or
full exemption from such reservation. Such exemption shall however be
decided by the following Inter Departmental Committee:-

1 Secretary to Government, Department for Women, : Chairman/

Children, Disabled and Senior Citizens Chairperson

2 Commissioner, Department for the Welfare for : Convener

Disabled and Senior Citizens

3 Secretary to Government, General Administration : Member

(Services) Department
4 Director, Medical and Health Department : Member

5 Secretary to Govt., or his nominee of the : Member

department concerned who sought exemption

134
8. These orders shall come into force with retrospective effect from
28-08-2004 i.e. issue of G.O.Ms.No.252, G.A.(Ser.D) Department, dated
28-08-2004. However, this amendment shall not have the effect of nullifying
a benefit which has been granted or availed of under the Old Rules.

9. The General Administration (Ser.D) Department shall issue necessary

amendments to the A.P. State and Subordinate Service Rules, 1996
accordingly.

10. All the Departments of Secretariat, Heads of Departments and all

officers concerned are requested to implement the above orders.

11. This order is available on the Internet and can be accessed at the
address http://aponline.gov.in/apgos.

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

M.CHAYA RATAN,
SPL.CHIEF SECRETARY TO GOVERNMENT

To
The Commissioner,
Dept. for the Welfare of Disabled & Senior Citizens, Hyderabad.
All Departments of Secretariat
All Heads of Departments
All District Collectors
Director, Health, Hyd
All Officers concerned through their respective HODs
Commissioner, Information & Public Relations, Hyd with a request
to give wide publicity.
Copy to:
P.S. to Chief Secretary
P.S. to Spl.Secretary to C.M.
P.S. to Minister (IKP, Pensions,SHGs & WDCW&DW)
P.S. to Spl.C.S., Dept. for WCD & SC
P.S. to Secretary, G.A. (Ser)Department
P.S.to Secretary, Legal Affairs
S.F/S.Cs
//forwarded::by order//
SECTION OFFICER

135
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Department for Women, Children, Disabled & Senior Citizens – Public

Services – Providing reservation in promotions to the Differently Abled
employees - Orders – Issued.
DEPTT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS(DW)

G.O.Ms.No. 42 Dated:19-10-2011.
Read the following:-

1. G.O.Ms.No.115 WD CW & L(WH-Desk) Dept, dt.30.7.1991.

2. G.O.Ms.No.145, WDCW&L (WH.Desk) Dept.dt.28-8-1992.
3. G.O.Ms.No.5 Social Welfare (SW:ROR.I) Dept. dt.14-02-2003
4. G.O.Ms.No.21 Social Welfare (SW:ROR.I) Dept.dt. 18-03-2003
5. From the Commissioner, Disabled Welfare Dept, Hyd
Lr. No.S.II/867/2004, dated 05.08.2004 and 05.01.2006
6. G.O.Ms.No.23 Deptt. for Women, Children, Disabled & Sr.
Citizens, dated 26-05-2011.
-ooOoo-
O R D E R:-

Orders have been issued in the G.O. 1st read above, duly providing
trifurcation of the 3% reservation for each of the categories of disabled as
mentioned there in.

2. Government, while taking into consideration the representations received

for providing reservation in promotion in favour of disabled employees and
the orders issued by Government of India vide O.M.No.36035/B.09-
Estt.(SC.I), dated 20.11.1985, and as a measure of encouragement, hereby
order implementation of 3% reservation in promotions to the disabled
employees as follows:-

(i) Reservation in promotion in favour of disabled employees is

applicable to all services of State Government where the cadre
strength is more than five;

(ii) The existing 100-point roster already prescribed under Rule 22

of the Andhra Pradesh State and Subordinate Service Rules by
the State Government shall be followed in case of promotions
also i.e. 6th ,31st & 56th;

(iii) Reservation in promotion in favour of disabled employees shall

be applicable to those candidates who are fully qualified and
eligible to hold the post as per existing Rules and Guidelines;

(iv) Reservation shall be implemented in favour of disabled

employees in promotions to all the categories of posts in all
State Government services except those exempted or may be
exempted or as may be modified in pursuance of orders issued
in the reference 6th read above.

(v) (a) If any department considers that it is not possible to

provide reservation in promotions for any category of Persons

136
 with Disabilities, keeping in view the nature of duties to be
performed by the employees in that particular department, the
department may seek partial or full exemption from such
reservation in promotions, however such exemption or
modification shall be decided by an Inter Departmental
Committee as specified in the G.O. 6th read above;

(b) Departments who wish to seek exemptions may do so

within (90) days from the date of issue of these orders during
which period the Rule of Reservation shall not apply to such
departments for the posts identified by them for exemption.
The orders issued by the Committee thereafter shall be final
and further action taken accordingly.

(vi) While preparing the panels of eligible candidates for promotion,

the names of eligible disabled employees from the feeder
category have to be shown against the roster points earmarked
for them irrespective of their seniority position in the feeder
category. However, if a disabled employee gets higher place in
the eligible candidates list by virtue of their seniority in the
feeder category he/she need not be adjusted in a lower
position, which is earmarked for a disabled employee as per the
roster system. Such roster point has to be filled up by moving
up a disabled employee who is below in the seniority list in the
feeder category. Filling up the roster points shall continue until
the required percentage of disabled candidates is obtained.
Once the required percentage is obtained by taking into
account the candidate who are found in the list of the
candidates fit for promotion on account of their seniority in the
feeder category and those who are moved up to fill up the
required roster point, further adjustment of disabled employees
against the roster points has to be stopped. Unutilized roster
points after the required disabled employee’s percentage is met
shall lapse.

(vii) If required number of disabled employees is not available in the

feeder category, the vacancies earmarked for disabled
employees according to the roster will be carried forward as per
orders issued from time to time as in case of Rule of
reservation in promotion for SC/ST persons.

3. All Departments of Secretariat and Heads of Departments concerned

are requested to issue necessary amendments to the A.P. State &
Subordinate Service Rules 1996 and Spl. Rules of the respective Department
wherever necessary for strict implementation of Rule of Reservation in
promotions to the employees with disabilities in the State Government.

4. This order is available on the Internet and can be accessed at the

address http://aponline.gov.in/apgos.

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

M.CHAYA RATAN,
Spl.Chief Secretary to Government
To
All the Departments of Secretariat, Andhra Pradesh, Hyderabad.

137
All Head of the Departments, Andhra Pradesh, Hyderabad.
All the District Collectors
The Secretary, A.P.P.S.C., Hyderabad
The Registrar, Andhra Pradesh High Court, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, AP, Hyderabad.
All Registrars of all Universities in the State.
All the Managing Directors of Public Sector Undertaking in A.P.
The Commissioner, Printing, Stationary & Stores Purchase, Chanchalguda,
Hyderabad.
The State Commissioner for Persons with Disabilities & Senior Citizens
Welfare,
Hyderabad.
The President, Differently Abled Employees Welfare Association, A.P.,
Hyderabad.
Copy to: P.S. to Spl.Secretary to C.M.
P.S. to M (IKP, Pensions & SHGs & WCD&SC)
P.S. to Chief Secretary to Govt.
P.S. to Spl. Chief Secretary, Deptt. for WCD&SC
S.F./S.Cs

//FORWARDED: BY ORDER//

SECTION OFFICER

138
 Roster Points at a glance

ROR IN PROMOTIONS
SCs STs
02(W); 07; 16; 08 (W); 25; 33;

22(W); 27; 41; 58 (W); 75; 83;

47(W); 52; 62; Differently Abled

66(W); 72; 77; 06; 31; 56;

87(W); 91; 97; (V) (H) (P)

O* W O
W* O O
O O W
(*) Amended vide
G.O.Ms.No:3, Department for
Women, Children, Disabled & Senior
Citizens (Prog.II), dated 12-02-2015

139
 GOVERNMENT OF ANDHRA PRADESH
SOCIAL WELARE (ROR) DEPARTMENT

Circular Memo.No:14721/ROR.1/2012 Dated:11-03-2013

Sub: SW – ROR – Carried forward vacancies - Carried forward

vacancies filled up by the candidates from the feeder category
by merit and Seniority – Filling up with SC/ST eligible
candidates – Clarification – Issued – Regarding.

Ref: 1. G.O.Ms.No:2, SW (ROR) Dept., dt:01-09-2004.

2. Govt.Memo.No:16224/Ser.I.2/2011, I&CAD Dept., dated
6-9-2011.
3. From I&CAD Dept., SC & ST Engineers’ Welfare Association,
Hyderabad representation dt:6-11-2012.

-ooOoo-

Orders have been issued under para-13 of the G.O. 1st cited, stating
that “In case qualified SC/ST candidates are not available for a particular
panel year the vacancy shall be carried forward to the subsequent year. In
the second year if SC/ST candidates are not available, the vacancies or points
meant for SC/ST candidates may be filled up by candidates from the feeder
category based on merit and seniority. The number of such vacancies meant
for SC and ST should be carried forward and filled up first in the immediate
subsequent year with SC/ST candidates”.

2. In the reference 2nd cited, the I&CAD (Ser.I) Department with the
concurrence of Social Welfare Department have clarified that if in the event of
inadequacy, no eligible SC/ST candidate is available at the respective Roster
Point, the SC/ST roster point has to be carried forward to the subsequent
year and the number of such carried forward vacancies, have to be filled first
in the immediate subsequent year with the SCs/STs. If, in the subsequent
year also no eligible SC/ST candidates are available the carried forward
vacancy has to be filled up with candidates from the feeder category based on
merit and seniority. The carried forward roster point once filled, as per the
merit and seniority will no more be available to anyone.

3. In the reference 3rd cited, the General Secretary, SC & ST Engineers

Welfare Association, I&CAD Department, Hyderabad has represented that the
clarification issued by the I&CAD Department with the concurrence of SW
Department is causing a grave injustice to the SC & ST employees and
therefore, requested to issue necessary revised clarification and do the
needful justice to the SC & ST employees.

4. After careful examination of the entire issue in detail, it is further

clarified that as per-13 of the G.O.Ms.No:2, SW (ROR) Department,
dt:09-01-2004 as referred to at para (1) above, the carried forward vacancies
in the 1st year and the vacancies meant for SCs & STs in the 2 nd year which
were filled up with the candidates from the feeder category by merit and
seniority, shall be filled up first with SC/ST eligible candidates, if available in
the 3rd year, to meet the inadequacy of representation and shown them in the
available roster point, irrespective of their roster points in the previous years
as the enabling provision of Art.16(4A) can be enforced till the inadequacy
exists.

140
5. All the Departments noted in the address entries are requested to
follow the above clarification scrupulously to meet the inadequacy of
representation of SC & ST candidates.

J. RAYMOND PETER
PRINCIPAL SECRETARY TO GOVERNMENT

To
All the Departments of Secretariat (with a request to address all the HODs
under their administrative control)
All District Collectors in the State.
Copy to:
The Commissioner of Social Welfare, A.P., Hyderabad.
The Commissioner of Tribal Welfare, A.P., Hyderabad.
The Secretary, A.P.S.W.R.F.I.S., Hyderabad.
The VC & MD., APSCCFC Ltd., Hyderabad.
The Secretary, A.P.Public Service Commission, Hyderabad.
The Secretary to C.C.L.A., A.P., Hyderabad.
The Finance (SMPC) Department.
The GA (Ser.A) Department.
SF/SCs

//Forwarded::By order//

SECTION OFFICER

141
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Department for Women, Children, Disabled & Senior Citizens – Change of 6th
Roster Point reserved for Blindness or Low Vision (Women) to Blindness or
Low vision (Open) and 106th Roster Point reserved for Blindness or Low
Vision (Open) to Blindness or Low Vision (Women) – Amendment – Orders –
Issued.
DEPARTMENT FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (PROG.II)

G.O.MS.No. 3 Dated:12-02-2015
Read the following:-

1. G.O.Ms.No.23, Dept. for Women, Children, Disabled & Sr.

Citizens (DW), dt.26.05.2011.
2. Representation from the President, Visually Challenged
Employees Association, Vijayawada, Krishna District.
Dt.23.07.2012.
3. From the Director, Welfare of Disabled & Senior Citizens,
Hyderabad, Lr.No.C2/3567/2012, dt.17.10.2012.

-ooOoo-

O R D E R:

In the circumstances reported by the Director, Welfare of Disabled &

Senior Citizens, Hyderabad in the letter 3rd read above, the Government
hereby make the following amendments to the G.O.Ms.No.23, Department for
Women, Children, Disabled & Senior Citizens (DW), Dated 26-05-2011.

AMENDMENTS

In the said G.O. in para 6, -

(1) under item (iii), in the Table thereunder,

(a) In the cycle 1 to 100, under roster point 6, for the word,
‘Women’ the word ‘open’ shall be substituted.

(b) In the cycle 101-200, under roster point 106, for the
word ‘open’, the word ‘woman’ shall be substituted,

(2) (a) the “Illustration 1 for Para 6 (iv)”, shall be read as

“Illustration 2’.

(b) In the Illustration 2 so amended, in clause (a), for the

expression ‘in the case of 6th roster point’, the
expression ‘similarly in the case of 106th roster point’
shall be substituted.

142
 (3) (a) the ‘ Illustration 2’, shall be read as, ‘Illustration 1 for
Para 6 (iv)’

(b) In the Illustration 1 so amended,

(i) in clause (a), the word, ‘similarly’ shall be omitted.
(ii) for clause (d), the following clause shall be
substituted namely:-

“(d) for the other roster points reserved for three

categories of persons with disabilities other than women
viz., Roster points 6, 56, 156, 206 and 231 the same
procedure explained above at (a) to (c) shall be
followed”.

2. The General Administration (Ser.D) Department shall issue necessary

amendments to the A.P. State & Subordinate Service Rules, 1996 accordingly.

3. All the Departments of Secretariat, Heads of Departments and all

Officers concerned are requested to implement the above orders.

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

NILAM SAWHNEY
PRINCIPAL SECRETARY TO GOVERNMENT

To
The Director, Welfare of Disabled & Sr. Citizens,
Vikalangula Samkshema Bhavan, Nalgonda `X` Roads, Hyderabad.
All Departments of Secretariat All Heads of Departments.
All Dist. Collectors (through Director, WD&SC, AP, Hyderabad.)
The Director of Health, Andhra Pradesh, Hyderabad.
All Officers concerned through their respective HoDs.
The Commissioner, Information & Public Relations, Hyderabad - with a
request to give wide publicity.
Copy to:
The P.S. to Chief Secretary.
P.S. to Prl. Secy. to CM
P.S. to Minister (WD&SC)
P.S. to Prl. Secy. to Govt. Dept. for WCD&SC
P.S. to Secretary to Govt. G.A.(Ser) Dept.
P.S. to Secretary, Legal Affairs.
The President, Visually Challenged Employees, Vijayawada, Krishna District.
SF/SC

//FORWARDED BY ORDER//

SECTION OFFICER

143
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINSITRATION (SERVICES.C) DEPARTMENT

Memo.No.50/Ser.C/87-1, Dated: 12-2-1987.

Sub:- Public Services – Personal files – Prompt Communication of

adverse remarks – Further Instructions – Issued.

Ref:- 1. G.O.Ms.No.1385, G.A. (Ser.C) Dept., dated. 31-10-1961.

2. Memo.No.3232/Ser.C/64-2 Genl.Admn.Dept., dt:23-11-64.
3. Memo.No.512/Ser.C/69-1, Genl.Admn.Dept., dt:12-3-1969.
4. G.O.Ms.No.1269, Genl. Admn.(Ser.C) Dept., dt:27-12-1971.
5. Memo.No.1647/Ser.C/72-1, Genl.Admn.Dept., dt:29-9-1972.
6. Memo.No.2662/Ser.C/76-1, Genl.Admn.Dept.,dt:28-12-1976
7. Memo.No.2509/Ser.C/77-1,Genl.Admn.Dept., dt:24-12-1977
8. Memo.No.2049/Ser.C/77-1,Genl.Admn.Dept., dt:29-12-1977

-ooOoo-

Detailed instructions have been issued in the G.O. 1st cited regarding
preparation of Annual Confidential Reports and maintenance of Personal Files.
Instruction 7 thereof (Extract in Annexure-A) prescribes a definite time
schedule for preparation of the Annual Confidential Reports. While instruction
8 (ii) read with the Memo 7th cited envisages furnishing/obtaining annual
certificates, instruction 9 requires that a register be maintained to watch the
timely receipt of Confidential Reports and their final disposal (Instruction
extracted in Annexure-5). Instruction 4 (Extracted in Annexure- C) lays down,
the procedure to be followed in respect of unfavorable/ adverse remarks in
the Annual Confidential Report. That apart, it has been made clear in the
memoranda 2nd, 3rd, 5th, 6th and 8th cited that adverse remarks not
communicated to the affected employee within the prescribed time limit
cannot be taken into account while considering him for promotion etc.,

2. It has come to notice that in spite of availability of clear cut

instructions on the subject, as stated above, neither the time schedule
prescribed for the preparation `of Annual Confidential Reports is strictly
adhered to not are adverse remarks communicated to the concerned within
the prescribed time limit in many cases. This results in upsetting the
programme of selections by the D.P.Cs. Further, as the adverse remarks, not
communicated cannot be taken into consideration, the employees with
adverse remarks are not only escaping the consequence thereof but at times
have to be considered for promotions for promotions etc., depriving those
with clean record of their legitimate chances.

3. The matter has since been reviewed by the Chief Secretary and it is
decided that adherence to the instructions on preparation of Annual
Confidential Reports and communication of adverse remarks should be
ensured. It is also decide that any lapse either in the matter of adherence to
the time schedule for preparation of Annual Confidential Reports of
communication of adverse remarks should be viewed seriously and that while
the officers responsible may let off with a warning for the first default of the
kind, suitable disciplinary action should promptly be taken against them for
recurrence of such lapses on their part. All inspecting officers should review

147
this item of work thoroughly in the course of their inspection and record their
specific remarks.

4. All the Departments of Secretariat and Heads of Departments are

requested to keep in view the above instructions and bring them to the notice
of all the concerned officers for strict compliance.

5. The receipt of this Memo. may be acknowledged.

SATHINAIR,
SECRETARY TO GOVERNMENT.

148
 GOVERNMENT OF ANDRHA PRADESH
ABSTRACT

PUBLIC SERVICES – Departmental Promotion Committees – Consideration of

Proposals – Amendments to Guidelines – Issued.
GENERAL ADMINISTRATION (DPC-I) DEPARTMENT

G.O.Ms.No.550 Dated: 19-11-1987.

Read the following:-

1. G.O.Ms.No.187, Genl. Admn.(Ser-B)Department,

dated:25.4.1985.
2. G.O.Ms.No.456, Genl. Admn.(DPC-I)Department,
dated:15.9.1987.

-ooOoo-
O R D E R:

In the context of preparation of panels for promotion by the

Departmental Promotion Committees, the following decision have since been
taken:-

1. the Zone of Consideration be liberalized to six times the number of

vacancies instead of the present criteria laid down in the G.O. first
read above; and

2. to increase the scrutiny of Confidential Reports for promotion from 5

years as laid down in the G.O. first read above, to 10 years provided
they relate to the feeder category. Where, however, an officer has
not rendered 10 years of service in the feeder category, evaluation of
the Confidential Reports of the last 5 years would be adequate to
assess the suitability of such officer for promotion.

Accordingly, the following amendments are issued to paras 5 and 8 of

the G.O. first read above.

1. For the existing para 5, the following paragraph shall be

substituted:-

“in accordance with the recommendations of the Committee

and subsequent decision taken in the matter, the zone of
consideration for selection of Officers by the Committees shall
be 6(six) times the number of vacancies’.

2. For the existing para 6, the following paragraph shall be

substituted:-

Number of years for which confidential Reports should

be considered

“It has been decided that evaluation of the Confidential Reports

of the last 10 years be made to assess the suitability of the
person for promotion, provided they relates to the feeder
category, where, however, an Officer has not rendered 10
years of service in the feeder category, evaluation of

149
 Confidential Reports of the last 5 years would be adequate to
assess the suitability of such officer for promotion”.

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

SHRAVAN KUMAR
CHIEF SECRETARY TO GOVERNMENT

150
 GOVERNMENT OF ANDRHA PRADESH
ABSTRACT

PUBLIC SERVICES – Criteria for promotion in Services - Revised orders –

issued.
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

G.O.Ms.No.4 Dated: 3rd January, 1990.

Read the following:-

1. G.O.Ms.No.187, General Administration (Services-B)

Department, Dated 24-4-1985.
2. G.O.Ms.No.530, General Administration (Services-D)
Department, Dated 2-11-1987.
3. G.O.Ms.No.686, General Administration (DPC-I) Department,
Dated 17-12-1988.
4. G.O.Ms.No.144, General Administration (Services-C)
Department, Dated 13-3-1989.

O R D E R:

In pursuance of the orders issued in the G.O. first read above an

amendment to General Rule 4(a)(1)(i) has been issued in the G.O. second
read above, according to which all first appointments to a State Service and
all Promotions/appointment by transfer in that service shall be made on the
grounds of merit and ability, seniority being considered only where merit and
ability are approximately equal by the appointing authority from the list of
approved candidates. Such list shall be prepared in the order of preference by
the appointing authority or any other authority empowered in this behalf in
the following gradation:

1) outstanding;
2) very good
3) good; and
4) satisfactory

Various service Associations have represented against the produce of

gradation and alleged that it brings in an element of discrimination and
encourages favoritism and nepotism. The matter was discussed at the
meeting of Secretaries to Government held on 8-12-1989 where in it was
recommended to revert to the position obtaining prior to issue of the G.O.
first read above.

2. The Government after consideration of all the aspects have decided to

accept the above recommendation and hereby order that:

1) All promotions/appointment by transfer to the non-gazetted posts

shall be on the basis of seniority-cum-fitness;

2) All first appointments to a State service and all promotions/

appointment by transfer in that service shall be on the basis of the
principle and procedure followed prior to the issue of the G.O. first
read above;

151
 3) The zone of consideration, the principle of grading and preparation
of half yearly panels shall be dispensed with. However, the
Centralized Departmental Promotion Committees at the two
highest level constituted in the G.O. first read above shall
continue.

3. The orders issued earlier in the references first to fifth read above
which are not consistent with these orders should be deemed to have been
modified to the extent necessary.

4. Necessary amendments to the Andhra Pradesh State and Subordinate

Services Rules and orders for inclusion of the column for fitness in the Record
sheet for non-gazetted officers will be issued separately. The Departments of
Secretariat are requested to issue amendments, wherever necessary, to the
special/Adhoc Rules with which they are concerned.

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

G.R.NAIR
CHIEF SECRETARY TO GOVERNMENT

152
 GOVERNMENT OF ANDRHA PRADESH
ABSTRACT

PUBLIC SERVICES – Departmental Promotion Committees – Amendment to

Guidelines – issued.
GENERAL ADMINISTRATION (DPC-DESK-I) DEPARTMENT

G.O.Ms.No.291 Dated: 3-4-1990.

Read the following:-

1. G.O.Ms.No.187, General Administration (Services-B)

Department, Dated 25-4-1985.
2. G.O.Ms.No.550, General Administration (DPC-I) Department,
Dated 19-11-1987.
3. G.O.Ms.No.4, General Administration (Services-D) Department,
Dated 3-1-1990.

O R D E R:

Orders were issued in the G.Os. first and second read above for
evaluation of the confidential reports of the last 10 years to assess the
suitability of a person for promotion, provided they relate to the feeder
category. When, however, an officer has not rendered 10 years of service in
the feeder category, evaluation of confidential reports of the last 5 years
would be adequate to assess the suitability of such officer for promotion.

In the G.O.3rd read above, orders have been issued dispensing with
the Zone of consideration, the principle of grading and preparation of half
yearly panels.

In view of the orders issue in the G.O. 3rd read above dispensing with
the principle of grading the matter for evaluation of C.Rs. for equal number of
years in respect of the officers who are under consideration for promotion was
under active consideration Government have decided to adopt the guidelines
on Confidential Reports issued by the Government of India in the Ministry of
Public Grievances and Pension in Memo.No.22011/5/86-Esst. (D) dated
10-6-1989 with suitable modifications.

Accordingly, the following amendment is issued to para 8 of the G.O.

first read above, as amended in G.O. second read above.

AMENDMENT

For the existing para 8, the following paragraph shall be substituted:-

Number of years for which confidential Reports should be considered:-

(a) The Departmental Promotion Committee should consider Confidential

Reports for equal number of years in respect of all Officers considered for
promotion;

153
(b) The Departmental Promotion Committee should assess the suitability of
the Officers for promotion on the basis of their service record and with
particular reference to the Confidential Reports for five preceding years.
However, in cases where the required qualifying service is more than 5 years,
the Departmental Promotion Committee should see the record with particular
reference to the Confidential Reports for the years equal to the required
qualifying service. (If more than one Confidential Report has been written for
a particular year, all the Confidential Reports for the relevant year shall be
considered together as the Confidential Report for one year.)

(c) Where one or more Confidential Reports have not been written for any
reason during the relevant period, the Departmental Promotion Committee
should consider the Confidential Reports of the years preceding the period in
question and if in any case even these are not available, the Departmental
Promotion Committee should take the confidential Reports of the Lower grade
into account to complete the number of Confidential Reports required to be
considered as per (b) above. If this is also not possible, all the available
Confidential Reports should be taken into account. In the case of an Officer
who is a direct recruit to a post in the feeder category and who is having less
than 5 years service, Confidential Reports of not less than three years should
be taken into account.

(d) Where an officer is officiating in the next higher grade and has earned
Confidential Reports in that grade, his Confidential Reports in that grade may
be considered by the Departmental Promotion Committee in order to assess
his work, conduct and performance, but no extra weight age may be given
merely on ground that he has been officiating in the higher grade.

(e) The Departmental Promotion Committee should not be guided merely by

the overall grading, if any, that may be recorded in the Confidential Reports
but should make its own assess on the basis of the entries in the Confidential
Reports.

(f) If the Reviewing authority or the Accepting authority as the case may be
has ever-ruled the Reporting Officer or the Reviewing authority as the case
may be, the remarks of the latter authority should be taken as the final
remarks for the purpose of assessment provided it is apparent from the
relevant entries that the higher authority has come to a different assessment
consciously after due application of mind. If the remarks of the Reporting
Officer, Reviewing authority and Accepting authority are complementary to
each other and one does not have the effect of over ruling the other, then the
remarks should be read together and the final assessment made by the
Departmental Promotion Committee.

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

G.R.NAIR
CHIEF SECRETARY TO GOVERNMENT

154
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER-C) DEPARTMENT

U.O.Note No.91290/Ser-C/2006 Dated 7-12-2006

Sub: Public Services - Personal Files - Writing and submission of

Personal Files in time - Further Instructions - Issued.

Ref: 1. G.O.Ms.No.1385, G.A. (Ser.C) Dept., dt.31.10.1961.

2. U.O.Note No.583/AR&T.III/89-34, GAD dt:30.1.1990.
3. Memo No.156/Ser.C/90-1, G.A. (Ser.C) Dept., dt:
21.2.1990.
4. G.O.Ms.No.144, G.A. (Ser.C) Dept., dt: 25.4.1998.
5. G.O.Ms.No.145, G.A. (Ser.C) Dept., dt: 25.4.1998.

-ooOoo-

In the G.O. first cited, certain consolidated instructions were issued for
maintenance and scrutiny of confidential reports. Subsequently, these
instructions were amended from time to time in the reference 2nd to 5th cited
among others.

2. Over the period, it has been noticed that the Departments of

Secretariat are not following the instructions on maintenance of Confidential
Reports strictly. The confidential reports of the Section Officers, Private
Secretaries, Asst. Section Officers etc., are not being received by the General
Administration (Single Unit) Department in specified time inspite of repeated
reminders and personal persuasion and this delay is causing delay in
preparation of panels for promotion to the next higher post. In some cases
the individuals are bringing their Confidential Reports personally at 11th Hour
before finalization of panels for promotion. Non Implementation of specific
instructions of the General Administration (Services) Department in the
matter by the OP Sections in the Department is not only an unhealthy and
undesirable practice but it also hampers the administrative work. This
unhealthy practice defeats the very purpose of the maintenance of
Confidential Reports.

3. To overcome these above problems, it is decided to issue the following

instructions while reiterating the earlier instructions and making some
modifications to enable the General Administration Department to keep the
record of Confidential Reports updated from time to time:-

i) the Section Officer/Asst. Section Officer of the OP Section in the

Department shall send the Blank Confidential Reports in
duplicate duly filling the name and designation of the officer
specifying the year of C.R. to the first reporting officer under
confidential/sealed cover by 15th April of the year. In case of
non-submission by the concerned staff member within the
above specified time, the first reporting officer shall record his
observations and initiate the submission of CR suo-moto.

ii) the first reporting officer will forward the report with his/her
remarks by the 30th April to the next higher authority. The
next higher authority shall counter sign the C.Rs received by

155
 him/her and return to the OP Section of the concerned
Department within a week's time of its receipt.

iii) a copy of such C.Rs counter signed by the Officers should reach
the concerned Deputy Secretary of General Administration
(Single Unit-IV) Department under Confidential/Sealed covers
by 31st May of every year. Another duplicate copy of the C.R.
shall be kept in the records of the OP Section of the concerned
Department.

iv) it is the responsibility of the S.Os/ASOs of the OP Section in the

Department to furnish the C.Rs to General Administration (SU)
Department within the prescribed time i.e., by 31st May of
every year.

v) the Asst. Secretary to Government of concerned OP Section

shall ensure that all the C.Rs of the Department are furnished
to the General Administration (SU) Department within the
prescribed date.

4. All Departments of Secretariat under the control of Single Unit are

requested to follow the above instructions scrupulously.

J. HARINARAYAN,
CHIEF SECRETARY TO GOVERNMENT

To
All Departments in Secretariat (Except Finance and Law Department)
Copy to: The P.S. to Chief Secretary,
All the PS to Spl. C.S./Prl.Secys./Secretaries to Govt. of all
Departments of Secretariat.
The G.A. (SU.I, II, III, IV, V) Department.
SF/SC.

//Forwarded::By Order//

SECTION OFFICER

156
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

U.O.Note No.17290/DPC.I/2011-1, Dated: 9-6-2011

Sub: G.A. (DPC) Deptt., - Departmental Promotion Committee /

Screening Committee for preparation of panels for promotion to
the third, fourth, fifth level and above gazetted posts – Annual
Confidential Reports – Certain instructions – Regarding.

Ref: G.O.Ms.No.187, G.A. (Ser.B) Department, Dt.25-4-1985.

***

The attention of all the Departments of Secretariat is invited to the

subject cited and it is to inform that while furnishing proposals to the G.A.
(DPC) Department for preparation of panels for promotion to the 3rd, 4th and
5th level and above gazetted posts in the State, most of the Departments are
not furnishing the ACRs in the prescribed proforma alongwith original ACRs.
Hence, it is necessitated to issue following instructions regarding the ACRs:-

1. ACRs in original for 5 years prior to the panel year should be

furnished to the G.A. (DPC) Department alongwith proposals.

2. The Department shall furnish the grading of the individuals in

prescribed proforma as illustrated in the annexure. The proforma
should be attested by the officer not below the rank of Deputy
Secretary to Govt.

3. The Department shall furnish ACRs of previous years prior to 5

years in case of non availability of ACRs in any year within the 5
years spell prior to the panel year and that should be taken into
consideration where the ACRs are not available. The Administrative
Department have to indicate the reasons with regard to non
availability of ACRs and also to furnish a Special Assessment
Report duly specifying the performance of the officer concerned for
the particular period.

4. The Department shall invariably indicate whether any adverse

remarks are recorded against any officer, if adverse remarks are
recorded, they should indicate whether the same were
communicated to officer concerned and whether such adverse
remarks are expunged or not, if expunged furnish a copy of orders.

2. All the Departments of Secretariat are requested to adhere to the

instructions issued in the matter, wherever necessary, and furnish the
information in the prescribed proforma as shown in the annexure to
DPC/Screening Committee along with proposals for preparation of panels.

S.V. PRASAD,
CHIEF SECRETARY TO GOVERNMENT

To
All Special Chief Secretaries / Principal Secretaries /
Secretaries to Govt., Departments of Secretariat.

157
Copy to:
All Heads of Departments.
The PS to Chief Secretary to Government.
The PS to Secretary to Government (Ser), GAD.
The GA (SC.F) Department.
The GA (Ser.D) Department.
SF/SCs

// FORWARDED :: BY ORDER //

SECTION OFFICER

(P.T.O. FOR ANNEXURE)

158
 ANNEXURE TO THE U.O.NOTE NO.17290/DPC.I/2011-1,DATED: 9-6-2011

ILLUSTRATION

Brief extracts of ACRs of in Department for promotion in the

category of , for the panel year 2010-11

Name of
Sl.
Officer 2005-06 2006-07 2007-08 2008-09 2009-10
No.
S/Sri/Smt.

1 X GOOD SAT OS VG SAT

2 Y ADVERSE ADVERSE OS VG Not available

REMARKS REMARKS (PARTLY FOR (PARTLY FOR
RECORDED RECORDED 3 MONTHS) 6 MONTHS) Furnish
(communi- (EXPUNGED VG S.A.R
cated) VIDE G.O….) (PARTLY FOR Furnish
3 MONTHS) S.A.R
Furnish
S.A.R

3 Z SAT NOT VG OS OS
(PARTLY FOR AVAILABLE (PARTLY FOR
3 MONTHS) 5 MONTHS)
VG GOOD
GOOD (2004-05) (PARTLY FOR
(2002-03) 7 MONTHS)

OS = Outstanding; VG = Very Good; SAT = Satisfactory;

S.A.R= Special Assessment Report

Attested by officer not below the rank of Deputy Secretary to Govt.,

S.V. PRASAD,
CHIEF SECRETARY TO GOVERNMENT

// ATTESTED //

SECTION OFFICER

159
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

Circular Memo.No.10789/Ser.C/A2/2012-1 Dated 9-4-2012.

Sub: Public Services – Personal Files – Annual Confidential Report of

Gazetted Officers/Non-Gazetted Officers – Modified format –
Orders – Issued –Instructions reiterated - Regarding.

Ref: 1. G.O.Ms.No.144, General Administration (Ser.C) Dept.,

dated 25-4-1998.
2. G.O.Ms.No.145, General Administration (Ser.C) Dept.,
dated 25-4-1998.
3. G.O.Ms.No.87, General Administration (Ser.C) Dept.,
dated 24-3-2003.
4. G.O.Ms.No.580, General Administration (Ser.C) Dept.,
dt.12-10-2011.
5. Memo.No.428/Ser.C/A2/2011-2, General Administration
(Ser.C) Dept., Dated 12-10-2011.

-ooOoo-

In the G.Os 1st and 2nd read above, orders were issued modifying the
format of Annual Confidential Reports of Gazetted Officers/Non Gazetted
Officers. In the G.O. 3rd cited, orders were issued duly adding a column to the
existing modified Annual Confidential Reports to intimate “Date of submission
of Annual Property Returns Statement pertaining to the year ____” in Part-II
of Form-A as Item-10(a) in Gazetted Officers format and as Item-15(a) in
Non-Gazetted Officers format; and in the Govt.Memo.5 th cited, all the
Departments of Secretariat, Heads of Departments and District Collectors
were requested to follow the format of Annual Confidential Reports as
modified in G.O. 3rd cited and bring it to the notice of all the concerned for
strict implementation.

2. In the G.O. 4th cited, orders were issued adding the words “Date of
submission of Annual Property Returns and Signature of the individual” in
Part-I of Form-A as Sl.No.4 to the existing modified Annual Confidential
Reports for both Gazetted and Non-Gazetted Officers; and directed all the
Departments of Secretariat, Heads of Departments and District Collectors to
bring this format to the notice of all concerned to follow scrupulously.

3. In spite of the above specific instructions, it has come to the notice of

the Government that some of the Departments are still using old formats of
Annual Confidential Reports for both the Gazetted and Non-Gazetted Officers.

4. Therefore, all the Departments of Secretariat, Heads of Departments

and District Collectors are once again requested to strictly follow the format of
Annual Confidential Reports modified in G.Os 1 st to 4th cited and bring it to the
notice of all the concerned for strict implementation of the above instructions.
(Format of Part-I of Form-A and Part-II of Form-A in respect of Gazetted and
Non-Gazetted Officers are enclosed for ready reference).

B. VENKATESWARA RAO,
SECRETARY TO GOVERNMENT. (SERVICES & HRM)

160
To
All Departments of Secretariat. (w.e)
All Heads of Departments. (w.e)
All District Collectors. (w.e)
The Director General, Anti- Corruption Bureau, Hyderabad.(w.e)
The Secretary to Vigilance Commissioner,
A.P. Vigilance Commission, Hyderabad.(w.e)
All Service Sections in Genl. Admn. Dept.(w.e)
The General Administration Dept. (Spl.C) Dept. (w.e)
Copy to:
P.S. to Special Chief Secretary to Govt., C.M’s Office. (w.e)
P.S. to Secy. (Ser).(w.e)
A.S.O.I of Gen. Admn. (Ser.C) Dept.
SF/Sc.

//Forwarded::By order//

SECTION OFFICER

161
 ANNEXURE
FORM-A
PART–I
(TO BE FILLED BY THE OFFICER REPORTED UPON)
1. A brief summary of duties and responsibilities (not more than 50
words)

2. Please specify important items of work in order of priority where in

quantitative / physical / financial targets / objectives / goals were set
for you or set by yourself for the reporting year and achievement
made.
----------------------------------------------
Item
of Physical or financial target/Objective/goal Achievements
work
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - -
1.
2.
3.
4.
5.
----------------------------------------------
3(a) In case of a short fall of expected
quality/quantity of performance please state
the reasons
(b) Please indicate your contribution in case of
significantly higher achievement of the target
/ goal / objective.
4. Date of submission of Annual Property
Returns.

SIGNATURE.

162
 FORM-A
Part- II
Annual Confidential Report of Gazetted Officers for the year ___________
1. Name of the Officer DATE OF BIRTH

2. Appointment held during the year (with

date) and pay and scale of pay.
3. General qualifications and aptitude for
post held including any special or
technical and professional attainments.
4. (a) Acceptance or otherwise of the Self
Appraisal report of the Gazetted Officer
indicated in Part I and if not agreed to,
the reasons therefore.
(b) Manner in which the Officer
discharged his duties during the year i.e.,
if satisfactory or otherwise (specific
instances of unsatisfactory work if
adversely commended on to be cited
with number and date of orders passed.
5. Does the Officer exhibit:
(a) Patience
(b) Tact
(c) Courtesy
(d) Impartiality in his relations
with
The public and subordinate or
Superior staff with whom he
comes in contact:
6. Is the Officer:-
(i) of good Character
(ii) of sound constitution
7. Is the Officer:-
(i) Physically energetic
(ii) Mentally alert
8. How the Officer:
(i) Initiative and drive
(ii) Powers of Control
(iii) Powers of application
9. Has the officer any special characteristics
and/ or any outstanding merits or
abilities which would justify his
advancement and special selection for
higher appointments in the service?
10. Is he confirmed in this post if not, what is
his substantive post?
11. (a) Date of submission of Annual
Property Returns Statement pertaining to
the year ______
12. Punishments, censures or special
commendations in the period under
report.

163
13. (a) Date of communication of adverse
remarks since last report
(b) Orders on the representation if any
arising from (a) above
14. General remarks (Comment generally
on the way the officer has carried out
his duties, estimate of his personality
etc.)
15. Grading
(i) Outstanding
(ii) Very good
(iii) Good
(iv) Satisfactory
(v) Poor
(Clearly indicate the reasons for
grading of the Officers)
16. Reporting Officer
Date.
Signature
Name and
Designation
(In block letter)
17. Remarks of the Countersigning Officer

Date: Signature
Name and
Designation
(In block letters)
18. Opinion of the Head of the Department
(when not reporting Officer) on conduct
and efficiency of Officer reported on. Signature
Name and
Date: Designation
(In block letters)
Head of the
Department.

164
 FORM-A
Part - II

ANNUAL CONFIDENTIAL REPORT ON NON-GAZETTED OFFICERS POSTS

WHICH ARE FEEDER CATEGORIES TO INITIAL GAZETTED POSTS IN
STATE SERVICES FOR THE YEAR _________

Name: Branch
Post held:
Date of (a) Birth:
(b) Entry into
Government
Service

Present Grade and Pay

1. Knowledge of:
(a) Branch or Section:
(b) Department
(c)
2. Acceptance or otherwise of the self
appraisal report of the Non-Gazetted
Officer indicated in Part-I and if not
agreed to the reasons therefore.

3. Personality, conduct and Character:

4. Power of taking responsibility:

5. Initiative

6. (a) Judgement (b) Accuracy

7. Tact and temper:

8. Power of supervising Staff:

9. Zeal and Industry:

10. Health

11. Attendance

12. Capacity to note and draft:

13. Punishment, censures or Special

commendations during the period
under report:

165
14. Date of communication of adverse
remarks, if any, to the officer since
last report:

15. Indebtedness (indebted, the Extent

of personal responsibility of
incurring the debts):

15 Date of submission of Annual

(a) Property Returns Statement
pertaining to the year___________

16. Is he confirmed in this post?

If not, what is his substantive post:

17. General Remarks (including a

statement on discipline, integrity,
reliability and any other special
qualifications not included above):

18. Grading:
(i) Outstanding
(ii) Very good
(iii) Good
(iv) Satisfactory
(v) Poor
(clearly indicate the reasons for
grading of the Officers)
19. Reporting Officer:

Date:

Signature
Name and Designation
(In Block letters)

20. Remarks of the Countersigning

Officer:

Date Signature
Name and Designation
21. Opinion of the Head of the
Department on the conduct and
efficiency of the Officer reported
on. Signature
Name ((in block letters)
Date Head of the Department

166
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

U.O.Note No:5943-A/DPC.I/2014-1 Dated 21-03-2014

Sub: GA (DPC) Department – Furnishing the Date of submission of APRs

in the Form-I of Part-I of ACRs – Instructions - Issued.

Ref: 1) G.O.Ms.No:144, GA (Ser.C) Department, dt:25-4-1998.

2) G.O.Ms.No:145, GA (Ser.C) Department, dt:25-4-1998.
3) G.O.Ms.No:87, GA (Ser.C) Department, dated 24-03-2003.
4) U.O.Note No:17290/DPC.I/2011-1, GA (DPC.I) Department,
dt:9-6-2011.
5) G.O.Ms.No:580, GA (Ser.C) Department, dt:12-10-2011.
6) U.O.Note No:29692-A/DPC.I/2013-1, GA (DPC.I)
Department, dated 18-10-2013.

-ooOoo-

The attention of all the Departments of Secretariat is invited to the subject

cited and they are informed that in the G.O. 5th cited, orders were issued adding
the column “Date of submission of Annual Property Returns and Signature of the
individual” in Part-I of Form-A as Sl.No:4 to the Annual confidential Reports for
both Gazetted and Non-Gazetted Officers and directing all the Departments of
Secretariat, Heads of Departments and District Collectors to bring this format to
the notice of all concerned to follow scrupulously.

2. Further instructions were issued at para-5 (e) of U.O.Note 6th cited, that
all the Departments should furnish the ACRs of the officers for the year 2011-12
onwards in the modified format as issued in G.O.5th cited. Though there are clear
instructions, most of the Departments, while sending the proposals to this
Department are still using old formats of Annual Confidential Reports.

3. All the Departments of Secretariat are, therefore, requested to adhere to

the instructions issued in the matter and furnish the information with regard to
ACRs in the prescribed proforma as shown in the annexure while sending
proposals to this Department. In absence of Annual Confidential Reports being
submitted in the prescribed proforma, which is the most crucial document for
determining FITNESS for promotion, those Annual Confidential Reports which are
not in the prescribed proforma will be ignored and will not be considered by the
Departmental Promotion Committee.

S.K. SINHA,
SPECIAL CHIEF SECRETARY TO GOVT. &
PRL. SECRETARY TO GOVT. (SER)(FAC)
To
All the Departments of the Secretariat.
Copy to:
The Private Secretary to the Chief Secretary to Govt.,
The Private Secretary to the Spl.Chief Secretary to Govt. &
Prl.Secretary to Govt. (Ser.) (FAC)

//Forwarded::By order//

SECTION OFFICER

PTO for annexure

167
 ANNEXURE TO THE U.O.NOTE NO:5943-A/DPC.I/2014-1, DATED 21-03-2014

ILLUSTRATION

Brief extracts of ACRs of in Department for promotion in the

category of for the panel year 2013-14

Sl. Name of Officer 2008-09 2009-10 2010-11 2011-12 2012-13

No. S/Sri/Smt.

1 X GOOD SAT OS VG SAT

Date of submission (…………….) (…………….)

of APRs in Form-A
of Part-I

2 Y ADVERSE ADVERSE OS VG Not

REMARKS REMARKS (PARTLY (PARTLY available
RECORDED RECORDED FOR 3 FOR 6
(communi- (EXPUNGED
MONTHS) MONTHS) Furnish
cated) VIDE G.O….)
VG S.A.R
(PARTLY Furnish
FOR 3 S.A.R
MONTHS)
Furnish
S.A.R

Date of submission (…………….) (…………….)

of APRs in Form-A
of Part-I

3 Z SAT NOT VG OS OS
(PARTLY FOR AVAILABLE (PARTLY
3 MONTHS) FOR 5
VG MONTHS)
GOOD (2007-08) GOOD
(2006-07) (PARTLY
FOR 7
MONTHS)

Date of submission (…………….) (…………….)

of APRs in Form-A
of Part-I

OS = Outstanding; VG = Very Good; SAT = Satisfactory;

S.A.R= Special Assessment Report

(…………….) Date has to be mentioned

Attested by officer not

below the rank of
Deputy Secretary to Govt.

168
169
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Foreign Service – Terms of Deputation of Government Servants deputed on

foreign service – Re-issue of consolidated standard terms and conditions of
deputation.
FINANCE AND PLANNING (FW.FR.II) DEPARTMENT
G.O.(P) No:10 Dated 22-01-1993
Read the following:-

G.O.Ms.No;204, Fin. & Planning (FW.FR.II) Department, dt: 21-5-1976.

-ooOoo-

O R D E R:

The terms of deputation to be granted to Government servants

deputed to Foreign Service are to be regulated in accordance with the
provisions of Fundamental Rules 110 to 126 and Rules 472 to 489 of the
Hyderabad Civil Services Rules. In the G.O.Ms.No.204, Finance and Planning
(FW: FR-II) Department, dt. 21-5-1976 consolidated standard terms of
deputation and the rate of deputation allowance were laid down for general
applicability.

2. Later, several instructions, clarifications and amendments on the

subject were issued. It has, therefore, been felt necessary to put all those
instructions/clarifications etc., at one place and to re-issue the consolidated
standard terms and conditions. Accordingly, government in supersession of
the orders issued in the G.O.Ms.No.204, Finance and Planning (FW: FR-II)
Department, dt. 21-5-1976 re-issue the following consolidated terms and
conditions of deputation, for general applicability in future cases.

(i) Period of Deputation: The total period of deputation should

not exceed five years, the period being reckoned from the date
of relief from service to the date on which he takes charge of a
post under the Government on reversion from foreign service.
The period of deputation shall be subject to a maximum of five
years of which the initial period of deputation upto 3 years shall
be sanctioned by the Head of the Department if he is the
competent authority to order transfers and postings of his
subordinates. Otherwise, the Government in the Administrative
Department not below the rank of Deputy Secretary to
Government shall issue orders sanctioning the deputation of
Foreign Service. Extension beyond the initial period of 3 years
that is for a further period upto 2 years shall be decided by the
concerned Secretary to Government where such extension is
considered necessary in public interest. In case where
Government is the authority competent to order transfers and
postings, the cases of deputation to Foreign Service should be
sanctioned only by Government and not by the Head of the
Department. However, in cases of deputation of the State
Police employees to the Ministry of Railways and to the Central
Bureau of Investigation (Special Police Establishment), the
period of deputation shall be 7 years as already ordered in

170
 G.O.Ms.No.298, Finance and Planning (FR-II) Department, dt.
02-11-1974. Under no circumstances extensions beyond the
above specified periods will be considered by Government.

(ii) Pay and Allowances: The Foreign employer shall, during the
period of deputation/Foreign Service, allow the Government
Servant, pay and other allowances, as mentioned below;

BASIC PAY

The pay and the scale of pay as admissible from time to time to
the Government Servant in the Government Department just
preceding his joining to duty under the foreign employer
deputation post.

ALLOWANCES

(1) Dearness Allowance and other Compensatory Allowances

i.e., (House Rent Allowance, City Compensatory Allowance)
admissible at the place of duty on deputation in Foreign
Service at the rates applicable in the State Government.

(2) In case of Doctors, Non-private practice Allowance (N.P.P.A)

will be admissible if he was receiving immediately before
deputation subject to the condition that Foreign employer
also wants to enforce the condition that no private practice
would be permitted. If private practice is permissible no
Non-private practice allowance shall be admissible.

COMPENSATORY ALLOWANCE
(3) (Not Printed)

[Compensatory allowance in lieu of Residential Attender is no longer vide

G.O.Ms.No:167, Fin. & Plg. (FW.TA) Dept., dated 20-5-1993]

(iii) Encashment of Leave: During the period of Foreign Service,

the deputationist may be allowed to encash the leave in
accordance with the State Government Rules. The Foreign
employer shall initially bear the expenditure of such
encashment of leave and get the expenditure reimbursed from
the parent department. For this purpose the procedure laid
down in G.O.Ms.No.35, Finance, dt. 31st January 1976 shall be
followed.
(iv) Leave Travel Concession: During the period of Foreign
Service, the deputationist may be allowed the leave Travel
Concession as per the orders of the State Government issued
from time to time and the liability in respect of such
expenditure shall be borne by the foreign employer in full.
However, the leave allowance for the purpose of Leave Travel
Concession shall be borne by the parent department.

(v) Educational Concession: During the period of Foreign

Service, all Non-Gazetted Officers may be allowed Educational
Concession for their children in terms of the orders of the State

171
 Government and the liability in this regard shall be borne by
the Foreign employer.
(vi) Travelling Allowance: The Foreign employer shall allow
Travelling Allowance, as on transfer, under the A.P. Travelling
Allowance Rules in respect of journeys performed by the
Government Servant for joining the post in Foreign Service and
on reversion therefrom. In respect of the journeys performed
during the period of Foreign Service, the foreign employer shall
allow Travelling Allowance and Daily Allowance as on tour under
the A.P. Travelling Allowance Rules, or under the rules of the
undertaking/organisation, at the option of the employee.

(vii) Joining Time and Pay: The Foreign employer shall allow the
Government Servant such joining time as admissible under
Fundamental Rules/Hyderabad Civil Service Rules, as the case
may be, for joining the post on Foreign Service and on
reversion therefrom and shall allow pay during such periods, at
the rates admissible under Fundamental Rules/Hyderabad Civil
Service Rules.

(viii) Leave: During the period of Foreign Service, the Government

Servant shall be entitled to such Leave Rules as per the rules
by which he is governed in Government Service.

(ix) Leave Salary and Pension Contribution: The foreign

employer shall pay to Government, Leave Salary and Pension
Contribution at the following rates:

11% of the pay drawn in Foreign Service, if

governed by Leave Rules in Fundamental
Rules or Hyderabad Leave Rules, 1357 Fasli
(1) Rate of Leave (1947)
salary Or
Contribution
11% of pay drawn in Foreign Service if
governed by A.P. Leave Rules, 1933 or
Hyderabad Revised Leave Rules, 1952
% of the maximum monthly pay of the grade
held by the Government Servant in
Government Service.
(2) Rate of Pension Note: - The appropriate rate applicable
contribution according to the Table of the rates in
Fundamental Rule 116 which are
based on length of Service should be
specified.

The above rates are only provisional subject to revision by the

Accountant General/Pay and Accounts Officer, Hyderabad, as
the case may be. The Foreign employer should remit to the
Accountant General, Andhra Pradesh, Hyderabad, the amounts
of the above contributions every month by way of demand
drafts, the necessary charges for which should be borne by the
foreign employer.

172
(x) Disability Leave: The Foreign employer should bear the
charges for the leave salary in respect of disability leave, if any,
granted to the Government Servant on account of any disability
incurred in or through the Foreign Service even if such disability
manifests itself after the termination of Foreign Service.

(xi) Extraordinary Pension or Gratuity: The Foreign employer

shall be liable to pay any such Gratuity or Pension that may be
admissible under the Civil Services (Extraordinary Pension/
Rules applicable to the Government Servant, if any injury is
sustained or death occurs while on foreign Service which (i.e.,
injury or death) is attributable directly due to or in consequence
of the performance of his duties in foreign service.

(xii) Compensatory Allowance during leave: The Foreign

employer shall pay Compensatory Allowances, if any, for the
periods of leave taken by the Government Servant in or at the
end of Foreign Service.

(xiii) Medical Concession: The Foreign employer shall provide the

Government Servant the Medical Concessions and facilities on a
scale not inferior to what would have been admissible to him in
Government service.

(xiv) Three Months Deposit: The Foreign employer shall deposit in

the nearest Government Treasury an amount equal to three
months pay and allowances admissible to the Government
Servant which will be accounted for as a "Revenue Deposit" and
refunded to the Foreign employer at the termination of the
Foreign Service of the Government Servant, after satisfying
that all claims due to the Government and the Government
servant by the Foreign employer have been settled.

(xv) Arrear Claims: The Foreign employer shall pay arrear claims,
if any, that may be pointed out by the Government or the
Accountant General on account of the Government Servant
owing to revision of Pay and Allowances while on Foreign
Service.

(xvi) Deviation from the Standard terms: The terms and

conditions laid down above should be strictly followed and no
cases for deviation from the standard terms may be taken up.

(xvii) Deputation to Private Organisation: Except, in the case of

Private Companies in which Government have 20% or more of
equity shares or Industries which have a special importance to
the State and Co-operative Societies to which deputations
under normal terms and conditions can be allowed, no
deputation of Government Servants should be permitted to any
Private Organisation whether or not such deputation is in public
interest.

173
 Further, Government Servants seeking employment in any
Private Organisations should resign from Government service
before they are permitted to accept employment in the private
organisations. To this effect, orders were already issued in
Government Memo.No.025363/ 722/FR-II/72-1, Dt. 27-10-73.

(xviii) General:

(a) Deputationists are not permitted to accept any perquisites,

allowances or payments in any form in addition to or in
modification of the terms indicated in the original order of
deputation without specific prior approval of Government. The
borrowing authority should obtain the concurrence of the
Government before any such perquisites, allowances or
payments are sanctioned. If these are accepted without such
prior concurrence of the Government, they would be deemed to
be unauthorised payments and the officers concerned will be
liable to refund the same, as already ordered in G.O.Ms.No.112,
Finance and Planning (FW.FR-II) Department, dt. 16-04-1974.

(b) Foreign service including service on deputation does not

count for probation in the parent department and therefore the
probationer sent on deputation suffers from the fact that, even
though he puts in considerable period of service under foreign
service organisation, his interest in the parent department
cannot be safeguarded by declaration of his probation unless
rules are relaxed. In view of this difficulty, instructions were
issued in Government circular Memo.No.47447-G/1951/FR-
II/76-1, dt. 12-10-76, to the effect that only approved
probationers need be sent on deputation/foreign service.

(c) The maximum period of deputation of a Government

servant is upto 5 years. But although there are specific orders
to this effect, it is very often noticed that in practice the
Departments/ Organisations to which a Government servant is
deputed initially for a period of one year, such deputation is
being extended upto three years under the existing powers to
the Heads of the Department, and they are also being
continued even beyond three years without any specific order
from Government, who are competent to consider such cases.
Although Heads of Departments are not empowered for such an
action, the Government servants are allowed to continue on
deputation/Foreign service for a period beyond 5 years also
without prior approval or specific orders of Government. This is
quite irregular.

With a view to ensure promptitude in cases of

deputations/foreign service of such cases, the competent
authorities are requested to ensure that no Government
servant shall be relieved without specific sanction issued by
Heads Departments/Government, as the case may be. In
regard to the cases of sanction of extension of deputation/
foreign service, the borrowing department/foreign employer
should necessarily initiate proposals at least two months prior

174
 to the date of expiry of the deputation period, failing which the
lending department shall issue orders well in advance for
repatriation of the deputationist to the parent department
before expiry of the sanctioned/extended term of deputation.
Under no circumstances, the deputation period should be
extended beyond the initial extended period of deputation of 3
years and upto 5 years respectively.

Yet in some cases, borrowing departments are continuing the

deputationist beyond the initial period/extended period of
sanction on one pretext or other which ultimately do not satisfy
the rules. The Heads of Departments or the concerned
departments of Secretariat are also not initiating any action for
their repatriation immediately after their term of deputation is
completed.

The Heads of Departments/Departments of Secretariat should review

the cases of deputations/foreign service periodically before completion of
initial period of one year and extended period of three years or five years as
the case may be, and should take prompt action for their repatriation on
completion of initial/extended period of deputation. In this connection, their
attention is also invited to the circular Memo. No.30233-C/1005/FR-II/80-1,
dt. 09-09-1980 of Finance and Planning (FW.FR-II) Department.

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

J. SATYANARAYANA,
SPECIAL SECRETARY TO GOVERNMENT

To
The Accountant General, Andhra Pradesh, Hyderabad.
All Departments of Secretariat (20 copies each)
All Heads of Departments including District Judges.
All District Treasury officers
All Collectors
All Superintendents of Police
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.

175
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

FOREIGN SERVICE – Terms of Deputation of Government Servants deputed

on Foreign Service – Deputation of Probationers - Clarificatory guidelines –
Issued.
FINANCE AND PLANNING (FW FR.II) DEPARTMENT

G.O.Ms.No:343 Dated:30-09-1994
Read the following:-

1. G.O. (P) No.10, Finance and Planning (FW.FR.II) Department,

dated 22-01-1993.
2. G.O.Ms.No:46, General Administration (SW) Department, dated
28-1-1994.
3. Recommendations of the High Power Committee.

-ooOoo-
O R D E R:

Rule 9 of General Rules of Andhra Pradesh State and Subordinate

Service Rules lays down that the absence of a member of service from duty in
such service, whether on leave or on foreign service or on deputation or for
any other reason and whether his lien in a post borne on the cadre of such
service is suspended or not, shall not if he is otherwise fit, render him
ineligible in his turn for appointment to any substantive or officiating vacancy
in another service for which he may be an approved candidate, as the case
may be, in the same manner as if he had not been absent, and also he shall
be entitled to all the privileges in respect of appointment, seniority, probation
and appointment as full member which he would have enjoyed but for his
absence subject to his completing satisfactorily the period of probation on his
return.

2. In sub-para xviii (b) of para 2 of G.O. (P) No.10, Finance and Planning
FW: FR-II) Department, dated 22-11-1993 it is ordered that foreign service
including service on deputation does not count for probation in the parent
department and, therefore, the probationer sent on deputation suffers from
the fact that, even though he puts in considerable period of service under
foreign service organisation, his interest in the parent department cannot be
safeguarded by declaration of his probation unless rules are relaxed. It is
also ordered that in view of this difficulty, instructions were issued in
Government circular Memo No.47447-G/1951/FR.II/76-1, dt.12.10.76, to the
effect that only approved probationers need be sent on deputation/foreign
service.

3. The Joint Action Committee of Employees, Teachers and workers' of

Andhra Pradesh have represented among others that according to the existing
instructions, only approved probationers can be deputed on Foreign Service
and this is causing hardship in departments, like Co-operative Department,
where nearly two-thirds of the posts are institutional posts and as
departmental officers have to depend mostly on institutional posts for
promotions etc. The Joint Action Committee has also represented that on
account of these instructions, restricting deputation only to approved
probationers, several employees are denied their promotions
resulting in stagnation to the adverse interest of employees. It was,

176
therefore, represented that deputation may not be restricted to approved
probationers only.

4. The High Power Committee constituted in G.O.Ms.No.46, General

Administration (SW) Department, dated 28-01-1994 to go into the demands
of the Joint Action Committee of Employees, Teachers and Workers of Andhra
Pradesh after considering the various aspects of the issue and in order to sub-
serve the public interest due to administrative exigencies and also in the
context of the problems faced by certain Departments/Organisations made
the following recommendations:-

i) A person on promotion can be retained in foreign service, if the

promotion post is vacant.

ii) No post shall be upgraded for accommodating a person who is

being promoted while on foreign service.

iii) Such benefit may be confined to Cooperative Institutions,

Agricultural Market Committees, DRDAs/SC/BC/ST/Women
Coop. Finance Societies and institutions like APVVP which have
yet to build their own cadres after obtaining options etc.

iv) Under no circumstance, a direct recruit, who is not an approved

probationer shall be deputed to foreign service.

v) Officiation in posts sanctioned under FR 127 and Government

posts in other Departments on tenure basis shall count for
purposes of probation and promotions. Consequently, the rules
will have to be amended wherever such officiation is denied for
reckoning minimum service, and

vi) General Administration (Ser.) Department may consider

amending the rules, wherever necessary.

5. The Government accept the recommendations and issue the following

guidelines, pending amendment to rules by the General Administration (Ser.)
Department wherever necessary:

i) A person on promotion can be retained in foreign service on

deputation in respect of institutions indicated at (iii) below, if
the promotion post is vacant.

ii) No post shall be upgraded by the Borrowing Authority for

accommodating a person who is being promoted while on
foreign service, and such person shall be repatriated for joining
in the promoted post in his parent department.

iii) Such benefit may be confined to Coop-Institutions, Agricultural

Market Committees, DRDAs/SC/BC/ST/Women Cooperative
Finance Societies; and institutions like APVVP which have yet to
build their own cadres.

177
 iv) Under no circumstance, a direct recruit who is not an approved
probationer shall be deputed to foreign service.

v) Officiation and posts sanctioned under FR 127 and Government

posts in other Departments on tenure basis shall count for
purposes of probation and promotion. Consequently, the rules
will have to be amended wherever such officiation is denied in
relevant rules, for reckoning minimum service.

6. Consequently, instructions in sub-para (xviii) (b) of para 2 of G.O. (P).

No.10, Finance & Planning (FW:FR-II) Department, dt. 22-11-1993 have to be
applied keeping in view the above guidelines.

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

A.R. JAYA PRAKASH,

SPECIAL SECRETARY TO GOVERNMENT

To
The Accountant General, Andhra Pradesh, Hyderabad.
All Departments of Secretariat (20 copies each)
All Heads of Departments including District Judges.
All District Treasury officers
All Collectors
All Superintendents of Police
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.

178
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Amendment to rule 18 of the Andhra Pradesh Fundamental

Rules – Notification – Orders – Issued.
FINANCE (FR.I) DEPARTMENT

G.O.Ms.No.128 Dated:01-06-2007

O R D E R:

The following notification will be published in the Andhra Pradesh

Gazette.
NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 read with
Article 313 of the Constitution of India and of all the powers here-unto enabling
the Governor of Andhra Pradesh hereby makes the following amendment to the
Andhra Pradesh Fundamental Rules and Subsidiary Rules:-

AMENDMENT

In the said rules, after rule 18, the following shall be added, namely:-
“Rule 18-A:- A Government servant shall be deemed to have resigned
from the service if he –

a) is absent without authorization for a period exceeding ‘one year,’ or

b) remains absent from duty for a continuous period exceeding five years
with or without leave; or

c) continues on foreign service beyond the period approved by the State

Government;

Provided that a reasonable opportunity to explain the reason for such

absence or continuation on Foreign Service shall be given to the Govt. Servant
before the provisions of this sub-rule are invoked:

2. These orders are available on Internet and can be accessed at the address
http://www.aponline.gov.in.

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

POONAM MALAKONDAIAH
SECRETARY TO GOVERNMENT (FP)

To
The Accountant General, Andhra Pradesh, Hyderabad.

179
The Pay & Accounts Officer, Hyderabad.
The Secretary to Governor, Andhra Pradesh, Hyderabad.
All Secretaries to Government.
The Private Secretary to the Chief Minister and Private Secretaries to all
Ministers.

All Departments of Secretariat.

All the Heads of Departments (including Collectors and District Judges).
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.
All the District Treasury Officers.
The Secretary, Andhra Pradesh GENCO/TRANSCO.
The General Manager, A.P. State Road Transport Corporation, Hyderabad.
The Director, Government Printing Press, A.P. Hyderabad for publication in the
Andhra Pradesh Gazette.
Copy to SF/S.Cs.

180
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Amendment to Andhra Pradesh Leave Rules, 1933 – Notification – Orders –
Issued.
FINANCE (FR.I) DEPARTMENT

G.O.Ms.No.129 Dated 01-06.2007.

-ooOoo-
O R D E R:
The following notification will be published in the Andhra Pradesh Gazette.

N O T I FI C A T I O N

In exercise of the powers conferred by the proviso to Article 309 read with Article 313
of the Constitution of India and of all the powers here-unto enabling the Governor of Andhra
Pradesh hereby makes the following amendment to the Andhra Pradesh Leave Rules, 1933.

AMENDMENT

In the said rules after rule 5-A, the following shall be added, namely:-

“Rule 5-B:- A Government servant shall be deemed to have resigned from the service if
he –
(a) is absent without authorization for a period of exceeding ‘one year,’ or

(b) remains absent from duty for a continuous period of exceeding five years, with
or without leave; or

(c) continues on foreign service beyond the period approved by the State
Government:

Provided that a reasonable opportunity to explain the reason for such absence or
continuation on foreign Service shall be given to the Govt. Servant before the provisions of this
sub-rule are invoked:

2 These orders are available on Internet and can be accessed at the address
http://www.aponline.gov.in.

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

POONAM MALAKONDAIAH
SECRETARY TO GOVERNMENT (FP)

To
The Accountant General, Andhra Pradesh, Hyderabad.
The Pay & Accounts Officer, Hyderabad.
The Secretary to Governor, Andhra Pradesh, Hyderabad.
All Secretaries to Government.
The Private Secretary to the Chief Minister and Private Secretaries to all Ministers.
All Departments of Secretariat.
All the Heads of Departments (including Collectors and District Judges).
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.

181
All the District Treasury Officers.
The Secretary, Andhra Pradesh GENCO/TRANSCO.
The General Manager, A.P. State Road Transport Corporation, Hyderabad.
The Director, Government Printing Press, A.P. Hyderabad for publication in the Andhra Pradesh
Gazette.
Copy to SF/S.Cs.

182
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Foreign Service – Terms of deputation of Government Servants deputed on

Foreign Service – Consolidated terms and conditions of deputation –
Prescribing of cooling period – Orders – Issued.
FINANCE (FR.II) DEPARTMENT

G.O.Ms.No:2 Dated 02-01-2010

Read the following:-

1. G.O. (P) No.10, Finance & Planning (FW.FR.II) Department,

dated 22.1.1993.
2. Govt. Memo. No.9871-A/236/FR.II/07, Finance (FR.II)
Department, dated 16.5.2007.
3. G.O.Ms.No.128, Finance (FR.I) Department, dt.01.06.2007.
4. G.O.Ms.No.129, Finance (FR.I) Department, dt.01.06.2007.

-ooOoo-

O R D E R:

In the reference first read above, consolidated terms and conditions of

deputation were issued wherein it is ordered that, the total period of
deputation should not exceed five years, with the period being reckoned from
the date of relief from service to the date on which charge is taken of a post
under the Government on reversion from Foreign Service. The period of
deputation shall be subject to a maximum of five years of which the initial
period of deputation upto 3 years shall be sanctioned by the Head of the
Department if he is the competent authority to order transfers and postings of
his subordinates. Otherwise, the Government in the Administrative
Department not below the rank of Deputy Secretary to Government shall
issue orders sanctioning the deputation of Foreign Service. Extension beyond
the initial period of 3 years i.e., for a further period upto 2 years shall be
decided by the concerned Secretary to Government where such extension is
considered necessary in public interest. In case where Government is the
authority competent to order transfers and postings, the cases of deputation
to Foreign Service should be sanctioned only by Government and not by the
Head of the Department. However, in cases of deputation of the State Police
employees to the Ministry of Railways and to the Central Bureau of
Investigation (Special Police Establishment), the period of deputation shall be
7 years. Under no circumstances extensions beyond the above specified
periods will be considered by Government.

2. In the reference second read above, orders were issued for review of
cases of deputationists periodically before completion of permitted period of
deputation and to take prompt action for their repatriation on completion of
initial/extended period of deputation.

3. In the reference third and fourth read above, orders were issued that if
a Government Servant continues on Foreign Service beyond the period
approved by the State Government, he shall be deemed to have resigned
from the service.

183
4. Despite the above orders prohibiting continuation of Government
Servant on foreign service beyond five years, instances have come to the
notice of the Government that the Government Servants who are deputed on
foreign service are allowed beyond the prescribed limit of five years and in
some cases, the employees are repatriated to their parent department, and
again they are sent on deputation after a very short spell of time either to the
same borrowing department or other departments.

5. Fundamental Rules are silent for deputing Government Servants on

foreign service again after completion of permitted period of five years and on
repatriation to the parent departments. Therefore, it is felt expedient and
necessary to issue orders stipulating cooling period between one deputation
to another deputation of the Governmen t employees. Accordingly,
Government after careful examination of the issue, order as follows:

(i) In case of the employees who have availed the maximum

period of deputation of 5 years either in one organization or in
different organizations, they have to necessarily work at least
one year in the parent department before they are considered
for further deputation to any organization.

(ii) In cases of employees who are repatriated to parent

department due to their promotion in the parent department
they should not be considered for further deputation till they
satisfactorily complete probation in the promoted post.

(iii) In case of employees who are repatriated to parent department

for the reasons of disciplinary action, they should not be
considered for deputation till the disciplinary case is closed and
the currency of punishment is completed.

(iv) In the case of employees who are repatriated to parent

department for other reasons than promotion and disciplinary
action, such employees should not be considered for deputation
till they work in parent department at least 6 months excluding
any type of leave availed by them during that period.

(v) The deputation of employees from one Local Cadre post to

another Local Cadre post is not permissible. It should be strictly
in accordance with Presidential Order and G.O.Ms.No.610, GA
(SPF.A) Department, dated 31.12.1985 read with GA (MC)
Department’s Memo.No.9543/MC/2007-12, dated 2.7.2007.

6. This order shall come into force with immediate effect.

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

SHAMSHER SINGH RAWAT

SECRETARY TO GOVERNMENT (FP)

To
The Accountant General, Andhra Pradesh, Hyderabad.
All Departments of Secretariat (20 copies each)
All Heads of Departments including District Judges
All District Treasury Officers

184
All Collectors
All Superintendents of Police
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad
The Secretary, Tungabhadra Project, via Hospet, Ballary
The Registrar, Andhra Pradesh High Court, Hyderabad
The Director of Printing & Stationery, Andhra Pradesh, Hyderabad
The Registrar, Osmania / Andhra / Sri Venkateswara / Agriculture University/
Krishnadevaraya / Kakatiya / Sri Padmavathi Mahila University/Dr. B.R.
Ambedkar Open University, Andhra Pradesh, Hyderabad
The Special Commissioner, GHMC, Hyderabad
The Housing Board, Andhra Pradesh, Hyderabad
The Deputy Director General, National Cadet Corps, Andhra Pradesh,
Hyderabad
The Chairman, Tribunal for Disciplinary Proceedings, Hyderabad
The Vigilance Commissioner, Andhra Pradesh, Hyderabad
The Chief Accounts Officer, Balamela Dam, Chitrakonda, Orissa
The Financial Advisor and Chief Accounts Officer, Nagajunasagar Project,
secretariat Buildings, Andhra Pradesh, Hyderabad
The Chief Engineer Pochampad Project, 655, All Villa Somajiguda,
Hyderabad – 500 004
The Legislature Secretariat, Andhra Pradesh, Hyderabad
The Director, Anti-Corruption Bureau, Hyderabad
The Commissioner, Institute of Administration, Hyderabad
All deputy Inspector-Generals of Police of All Ranges.

//FORWARDED::BY ORDER//

SECTION OFFICER

185
 GOVERNMENT OF ANDHRA PRADESH
FINANCE (FR.II) DEPARTMENT

U.O.Note No:17023/821/FR.II/2011 Dated 31-03-2012

Sub: Foreign Service – Terms of Deputation of Government Servants

Deputed on Foreign Service – Further instructions issued –
Regarding.

Ref: 1) G.O.(P) No:10, Finance & Planning (FW.FR.II) Department,

dated 22-01-1993.
2) G.O.Ms.No:2, Finance (FR.II) Department, dt:02-01-2010.

-ooOoo-

Despite of explicit rules and clear orders in the references cited, the
departments are repeatedly referring the cases to Finance Department for
extension of the deputation of the individuals beyond 5 years without
following the rules/instructions therein.

2. In some cases even though Finance Department has not agreed for
extension of deputation beyond 5 years, the department are obtaining orders
in circulation without mentioning the facts whether the conditions/
instructions ordered in the reference cited are met. It has also come to the
notice of Finance Department that some individuals were on deputation in
different organization and different spells for more than half of the period
their entire service, which is resulting in loss to the lending department with
the shortage of experience officers and they are not in a position to safeguard
the needs of the Department. Further, very purpose of recruiting the officer
to the department concerned is nullified.

3. In the reference 2nd cited, it was clearly ordered that;

(i) In case of the employees who have availed the maximum

period of deputation of 5 years either in one organization or in
different organizations, they have to necessarily work at least
one year in the parent department before they are considered
for further deputation to any organization.

(ii) In cases of employees who are repatriated to parent

department due to their promotion in the parent department
they should not be considered for further deputation till they
satisfactorily complete probation in the promoted post.

(iii) In case of employees who are repatriated to parent department

for the reasons of disciplinary action, they should not be
considered for deputation till the disciplinary case is closed and
the currency of punishment is completed.

186
 (iv) In the case of employees who are repatriated to parent
department for other reasons than promotion and disciplinary
action, such employees should not be considered for deputation
till they work in parent department at least 6 months excluding
any type of leave availed by them during that period.

(v) The deputation of employees from one Local Cadre post to

another Local Cadre post is not permissible. It should be strictly
in accordance with Presidential Order and G.O.Ms.No.610, GA
(SPF.A) Department, dated 31-12-1985 read with GA (MC)
Department’s Memo.No.9543/MC/2007-12, dated 02-07-2007.

4. In spite of the above clear instructions, the administrative

departments are not examining the above points and referring the files to
Finance Department.

5. In such circumstances, the following further instructions are issued

while reiterating the earlier orders issued in G.O. (P) No:10, Finance &
Planning (FW.FR.II) Department, dated 22-01-1993 and G.O.Ms.No:2,
Finance (FR.II) Department, dated 02-01-2010:-

i) when there is no shortage of personnel in the lending

Department only, the deputation would be permissible

ii) while considering promotions to the staff working on deputation

and also while effecting posting orders on their promotion to
such staff, all the administrative department shall follow the
sub-rule 24 of Rule-2 and Rule 8 of Andhra Pradesh State and
Subordinate Service Rules, 1996.

6. All the Departments of Secretariat are requested to follow the above

guidelines while referring the files to take a decision and minimize the
correspondence with Finance Department.

D. SAMBASIVA RAO,
PRINCIPAL SECRETARY TO GOVERNMENT (FP)

187
 GOVERNMENT OF ANDHRA PRADESH
FINANCE (FR.II) DEPARTMENT

Cir.Memo.No:22777/113/FR.II/12 Dated 11-09-2012

Sub: Fundamental Rules – Distinction between ‘Deputation’ and

‘Foreign Service’ – Clarification – Instructions – Issued.

-ooOoo-

According to the A.P. Fundamental Rules, the term deputation is not

defined, only “Foreign Service” is defined. As per FRs “Foreign Service”
means service in which a Government servant receives his pay with sanction
of Government from any source other than the Consolidated Fund of the
Union or of the State or of the Union Territory. Further under Foreign Service
Rules in A.P.Fundamental Rules, the word mostly used is ‘transfer to foreign
service’ and ‘a Government Servant in foreign service’. Therefore, the term
‘deputation’ need not necessarily mean ‘Foreign Service’.

2. In some departments, Government employees are being drafted to

other Government Departments on “deputation’ basis on administrative
grounds or on personal problems of the individuals. In some departments he
departments are not taking any action for filling up of the vacant posts and
they are being filled up by borrowing the individuals from other Government
departments on deputation basis. When the departments are being
sanctioned additional staff by the Government, orders are being used stating
that the method of appointment is as “on deputation” from other
departments. In all these cases the term deputation is being interpreted in
terms of deputation under FR 110 to 126, which is causing confusion in
respect of tenure of deputation, and payment of leave salary and Pension
Contribution.

3. According to the Government of India instructions the following is the

interpretation:

“Distinction between ‘Deputation’ and ‘Foreign Service’

The term ‘Deputation’ of a Government Servant means his

appointment on a temporary bass in another department of the same
Government or another Government. The deputation may be from on
department of Central/State Government to another department of
Central/State Government or from one State Government to another
department of State Government or central government and vice-versa. This
is purely a case of temporary transfer from Government to Government basis;
whereas it is termed as ‘Foreign service’ when a Central/State Government
servant goes to Non-Government organization (Autonomous Bodies/ Public
Sector or Private Companies etc.)”.

4. However, when employees of Union/other State Governments are

working in Andhra Pradesh, Government of Andhra Pradesh is paying the
Leave Salary and the Pension Contribution. Similarly when employees of
Andhra Pradesh to go to Union/Other States to work, Andhra Pradesh has to
collect the Leave Salary and the Pension Contribution, as ultimately on their
retirement pension is being paid by Government of Andhra Pradesh only.
Hence, if the above policy of Government of India is adopted, Government of

188
Andhra Pradesh has to forego the above amounts. Thus, Government of
Andhra Pradesh has to incur the expenditure on pensions while the employees
work for other Governments/units for such period, which is an additional
expenditure to State Government.

5. Hence, in respect of State Government i.e., Government of Andhra

Pradesh the following is defined as “Foreign Service/Deputation.”

a) When the employees of Government of Andhra Pradesh are lent to

Autonomous Bodies/Corporations/Central Government/Other State
Governments such arrangement is treated as ‘Foreign Service’ as
stipulated under FR 110 to 126 and the Executive Instructions issued
there under.

b) When the Government servants of one department are deputed to

work in another department of Government of Andhra Pradesh, that
service is to be treated as ‘Deputation’.

Some departments have a clause in their service rules to

bring/send the employees from other Departments, on tenure basis.
This cannot be treated as Foreign Service, but only as deputation.
When no limit for such tenure basis is mentioned they are adopting
G.O.Ms.No:10, Finance & Planning (FW.FR.II) Department, dated
22-1-1993 i.e., rules pertaining to Foreign Service. This is grossly
inappropriate. Generally tenure is limited for two or three years.
Hence, the departments may not follow the above rules of
G.O.Ms.No:10, Finance & Planning (FW.FR.II) Department, dated 22-
1-1993 while deputing employees from one Government department
to another Government department.

6. In respect of para 5(a) above the borrowing institutions have to pay

the Leave salary and the Pension Contribution as per the provisions of FR
116. In respect of para 5(b) above no such contributions need to be paid.

7. All the Departments of Secretariat and Heads of Departments are

requested to follow the above clarification scrupulously and also issue
instructions to their subordinate officers accordingly.

Dr. D.SAMBASIVA RAO,

PRINCIPAL SECRETARY TO GOVERNMENT (FP)

To
The Accountant General, Andhra Pradesh, Hyderabad.
All Departments of Secretariat (20 copies each)

189
 Rule-11 of A.P.State and Subordinate Service Rules, 1996

11. THE LIMIT FOR JOINING EITHER OF FIRST SELECTION OR ON

PROMOTION OR ON APPOINTMENT BY TRANSFER:-

(a) Direct recruitment:- A candidate selected for appointment by direct

recruitment either through the Andhra Pradesh Public Service Commission or
through any other agency, shall be required by the appointing authority to
join in the post for which he has been selected within a period of 30 days
taking the date of despatch (by registered post with acknowledgement due)
of the appointment order as crucial date for reckoning the time limit. If he
does not join the post within the stipulated period of 30 days, the offer of
appointment shall be treated as automatically cancelled and the name of the
candidate shall be deemed to have been omitted from the list of approved
candidates.

(Amended in G.O. Ms. No. 340, G.A. (Ser-D) Dept., dt: 23.7.1999)

(b) Time to join a post on appointment / temporary appointment

under rule 10 including appointments by transfer or by promotion
otherwise than by direct recruitment:- A person on appointment /
temporary appointment on adhoc basis under rule 10 including appointment
by transfer or by promotion otherwise than by direct recruitment, shall be
allowed a joining time of fifteen (15) days to join the post from the date of
receipt of the order of appointment sent to the candidates by Registered Post
with Acknowledgement due or by any other means. An employee who does
not join the post within the stipulated time or evades to join the post by
proceeding on leave, shall lose his promotion right / offer for the current
panel year and the name of the candidate shall be placed before the next
Departmental Promotion Committee for consideration in the next year panel
subject to availability of vacancy. In case of non-selection posts, the name of
the candidate who does not join within the stipulated time in the promotion
posts shall be considered for promotion again after a period of one year from
the date of offer of appointment subject to availability of vacancy”.

[Amended in G.O.Ms.No.145, G.A.(Ser. D) Dept., dt: 15-06-2004]

In the said rules, in rule 11, after sub-rule (b), the following proviso shall be
inserted, namely: -

“Provided that the employee, who does not join the post within the stipulated
time or evades to join the post by proceeding on leave, second time also,
shall lose his promotion right / offer permanently.”

[G.O.Ms.No:227, General Administration (Ser.D) Department, dt:30-5-2014]

190
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
PUBLIC SERVICES – Andhra Pradesh State and Subordinate Service Rules,
1996 – Imposition of penal clause for non-joining the post on appointment
otherwise than by direct recruitment - Amendment to Rule 11(b) of the said
rules – Issued.
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

G.O.Ms.No.145. Dated:15.06.2004.
Read the following:-

1. G.O.Ms.No.147 G.A.(Ser.D) Dept., dated 16.5.2003.

2. Govt. Lr.No.56073/Ser.D/2003-6, dated : 7.2.2004.
3. From the Secretary, APPSC,Lr.No.465/RR/2/2004,
dated 2.6.2004.
--:--
ORDER:

In Andhra Pradesh State and Subordinate Service Rules, 1996 joining

time is prescribed both for appointment by direct recruitment and for
appointment by promotion / transfer. In case of appointment by promotion/
transfer the existing time limit is 15 days from the date of receipt of the
appointment order. Failure to join duty in the post for which the employee is
appointed by promotion/transfer results in forfeiture of the present and future
rights of promotion/appointment by transfer. As a result of the above
condition, a government employee who does not join in the promotion post
within the stipulated time loses his promotion rights to the next higher
category permanently. It is noticed that for several reasons employees could
not join in the promotion posts in the allowed time. To mitigate the hardship
to the Government employees, the Government decided to consider, such of
those Government employees who could not join duty in the promotion posts,
in the next panel year. Accordingly Government have decided to issue the
following amendment to rule 11(b) of Andhra Pradesh State and Subordinate
Service Rules, 1996.

2. The following notification will be published in the Extraordinary issue of

the Andhra Pradesh Gazette:

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India the Governor of Andhra Pradesh hereby makes the
following amendment to the Andhra Pradesh State and Subordinate Service
Rules, 1996 issued in G.O.Ms.No.436 G.A.(Ser.D) Dept., dated 15 th October,
1996 published in Part-I Extra-ordinary issue of the Andhra Pradesh Gazette
dated the 27th January,1997 and as subsequently amended from time to
time.

191
 AMENDMENT

In the said rules, in rule 11 for sub-rule (b), the following shall be
substituted namely:-

“(b) Time to join a post on appointment/temporary appointment under

rule 10 including appointments by transfer or by promotion otherwise than by
direct recruitment: A person on appointment/temporary appointment on
adhoc basis under rule 10 including appointment by transfer or by promotion
otherwise than by direct recruitment, shall be allowed a joining time of fifteen
(15) days to join the post from the date of receipt of the order of appointment
sent to the candidates by Registered Post with Acknowledgment due or by
any other means. An employee who does not join the post within the
stipulated time or evades to join the post by proceeding on leave, shall lose
his promotion right / offer for the current panel year and the name of the
candidate shall be placed before the next Departmental Promotion Committee
for consideration in the next year panel subject to availability of vacancy. In
case of non-selection posts, the name of the candidate who does not join
within the stipulated time in the promotion posts shall be considered for
promotion again after a period of one year from the date of offer of
appointment subject to availability of vacancy”.

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

B.ARAVINDA REDDY
SECRETARY TO GOVERNMENT (SER.)

To
All Departments of Secretariat
All Heads of Departments
All District Collectors and District Judges.
The Commissioner of Printing, Stationery and Stores Purchase, (Printing Wing)
A.P.Hyderabad (with a request to publish the G.O. in the next issue of the
Gazette and supply 500 copies of G.O.)
Copy to :
The Secretary, A.P.P.S.C.Hyd (10) copies (with covering letter)
All Service Associations
All Service Sections in G.A.D.
The Registrar, High Court of A.P. Hyderabad.
The Registrar, A.P.Admn.Tribunal,Hyderabad
The Law (E) Department.
SF/SCs.
A copy of this order is available on the Internet and can be
accessed at the address “http://www.apts.gov.in/apgos”

:: FORWARDED :: BY ORDER ::

SECTION OFFICER

192
 GOVERNMENT OF ANDHRA PRADESH
FINANCE (FR.I) DEPARTMENT

Circular Memo.No:28580-A/846/FR.I/2005 Dated:15-04-2006

Sub:- PS – Grant of leave for five years to Government Servants to

take up employment abroad – Orders issued – Further
instructions regarding protection of seniority, giving of
promotions and postings etc – Issued.

Ref:- G.O.Ms.No:214, Finance & Planning (FW.FR.I) Dept.,

dt:03-09-1996.

-ooOoo-

In the G.O. cited orders were issued for grant of leave for five years to
Government Servants to take up employment abroad subject to satisfying the
conditions laid down.

2. As per para 5(ii) of the above said G.O., the period of absence during
employment abroad will be treated as extraordinary leave without allowances
but such period of absence will not be construed as a break in service. It will
not be counted for service benefits such as increment, pay, leave etc.
However, if contribution towards pension is paid by the foreign employer or
employee such periods will count of pension.

3. Government have noticed that some of the departments are not

including the names of the employees, who are on EOL for undertaking
employment abroad, in the panel of promotions. Some departments are
including the names in the panel but not issuing posting orders stating that
posting orders will be issued separately on return of the employee, since he
was permitted to go to abroad for employment in terms of the above said
G.O. In the meanwhile the Departments are giving promotions to the
juniors, sometimes posting orders are not issued to the seniors, subsequently
on their return from abroad for the reason that the period of validity of the
panel year has expired prior to their reporting to duty. Thus the seniors then
become juniors and start claiming seniority and promotion as per para 5(ii)
of the above said G.O. on this aspect, the Departments are asking
clarifications regarding protection of seniority, giving of promotions and
postings etc., in terms of the above said G.O.

4. It is hereby clarified that there is no bar to consider the employee, on

any kind of leave, for promotion to the next higher category. An employee
on leave should furnish the leave address for communication. The employee
granted leave for private employment abroad in terms of the G.O.cited above,
shall be considered in normal course for promotion to the next higher
category. The order of promotion shall be communicated to the address
given by the employee. Such employee should join as per the time limit as
per rule-11(b) of A.P.State & Subordinate Service Rules, 1996. If he/she
does not join duty in the promoted post, his/her rights will be forfeited as per
rules. If the employee, who has been granted leave for private employment
abroad, submits any representation for extension of time to join duty in the
promoted post (or) requests to consider him for next panel year in terms of
G.O.Ms.No:145, General Administration (Ser.D) Department, dated
15-06-2004, it is for the appointing authority to consider and take a decision.

193
5. According to rule-16(b) of A.P.State & Sub-ordinate Service Rules,
1996, the person appointed by transfer/by promotion as per rules shall
commence probation from the date of joining, the seniority of such person
shall be determined as per rule-33(a) of A.P.State & Subordinate Service
Rules, 1996. In case, an employee who has been promoted joins duty at a
much later date, as permitted by the Appointing Authority, naturally, he shall
commence probation from the date of joining.

6. In the light of the above rule position, the commencement of probation

and fixing seniority is as per the date of joining of the person appointed by
transfer/by promotion. The leave granted to an employee in terms of the
G.O. cited above, is with reference to the request of employee for private
employment abroad. Therefore, it is for him/her to join duty in the promoted
post as per rules. In such a situation there will be no problem in fixing the
inter-se-seniority in a post among the persons promoted as per rules.

RANJEEV R ACHARYA,
SECRETARY TO GOVERNMENT.

To
The Accountant General (Audit-I), A.P., Hyderabad.
The Accountant General (Audit-II), A.P., Hyderabad.
The Pay and Accounts Officer, Hyderabad.
All Secretaries to Government.
The Secretary to Governor, Raj Bhavan, Hyderabad.
The Private Secretary to Chief Minister and PS to all Ministers.
All the Departments of Secretariat.
All Heads of Departments including District Collectors and District Judges,
SPs and DIG of Police of all Ranges.
The Registrar, A.P.High Court, Hyderabad.
The Secretary, A.P.P.S.C., Hyderabad.
All the DTOs/DDOs
All District Panchayat Officers
The Commissioner, Dr.MCRIOA., Hyderabad.
The Director, Government Printing Press, A.P., Hyderabad for publication in
A.P. Gazette.
Copy to GA (Ser.B) Department.
Copy to SF/SCs

//Forwarded::By order//

SECTION OFFICER

194
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

Circular Memo.No:10445/Ser.D/2011 Dated:01-06-2011

Sub:- Public Service – Andhra Pradesh State & Subordinate Service

Rules, 1996 – Clarification in implementation of rue-11(b) of
Andhra Pradesh State & Subordinate Service Rules, 1996 –
Regarding.

Ref:- G.O.Ms.No:145, G.A. (Ser.D) Dept., dt:15-06-2004.

-ooOoo-

In the reference cited, orders were issued amending rule-11(b) of the

Andhra Pradesh State & Subordinate Service Rules, 1996 prescribing time
limit to join a post on appointment/temporary appointment under Rule 10
including appointments by transfer or by promotion otherwise than by direct
recruitment. As per the said rule, an employee on promotion or appointment
by transfer to next higher category shall join within 15 days from the date of
receipt of the order of promotion/appointment by transfer. An employee who
does not join the post within the stipulated time or evades to join the post by
proceeding on leave, shall lose his promotion right / offer for the current
panel year and the name of the candidate shall be placed before the next
Departmental Promotion Committee for consideration in the next year panel
subject to availability of vacancy, if he is otherwise eligible and in case of
non-selection post, the name of the candidate who does not join within the
stipulated time in the promotion post shall be considered for promotion again
after a lapse of one year from the date of offer of appointment subject to
availability of vacancy.

2. However, it was brought to the notice of the Government that in

number of cases the employees, who evades to join in the promoted posts
second time also are requesting to consider their names again in the
subsequent panel years.

3. Government hereby clarify that as per rule-11(b) of the A.P.State &

Subordinate Service Rules, 1996 as amended vide G.O.Ms.No:145, General
Administration (Services-D) Department, dated 15-06-2004, a person
appointed by promotion/transfer shall join in the promoted post within the
time limit of 15 days from the date of receipt of the order of promotion/
appointment by transfer. If an employee who does not join the post within
the stipulated time or evades to join the post by proceeding on leave, shall
lose his promotion right/officer for the current panel year and the name of the
candidate shall be placed before the next Departmental Promotion Committee
for consideration in the next year panel subject to availability of vacancy, if he
is otherwise eligible (i.e., one time only), but not subsequent panel years.
In the case of non-selection posts, the name of the candidate who does not
join within the stipulated time in the promotion post shall be considered for
promotion again after a period of one year only (i.e., only one time) from the
date of offer of appointment subject to availability of vacancy and eligibility.
The appointing authorities are requested to strictly adhere to the above rule
position.

195
4. All the Departments of Secretariat/Heads of Departments/District
Collectors are requested to issue instructions to all the appointing authorities
under their administrative control to follow the above instructions
scrupulously.

B. VENKATESWARA RAO,
SECRETARY TO GOVERNMENT (SER. & HRM)

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
All District Judges.
Copy to the Prl.Secretary, A.P.Public Service Commission, Hyderabad.
Copy to: Law (E) Department.
SF/SC

//Forwarded::By order//

SECTION OFFICER

196
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Andhra Pradesh State and Subordinate Service Rules, 1996 –
Amendment to sub-rule (b) of rule 11 – Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

G.O.Ms.No. 227 Dated: 30.05.2014.

Read the following:

1.G.O.Ms.No.436, G.A. (Ser-D) Department, dated: 15.10.1996.

2.G.O.Ms.No.145, G.A. (Ser-D) Department, dated: 15.06.2004.

*****
ORDER:

The following notification will be published in the Andhra Pradesh Gazette: -

NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India and of all other powers hereunto enabling the Governor of Andhra
Pradesh hereby makes the following amendment to the Andhra Pradesh State and
Subordinate Service Rules, 1996, issued in G.O.Ms.No.436, General Administration
(Services-D) Department, dated the 15th October, 1996 and published in part-I
Extraordinary Issue of the Andhra Pradesh Gazette No.34, dated the 27 th January, 1997, as
subsequently amended from time to time: -

In the said rules, in rule 11, after sub-rule (b), the following proviso shall be
inserted, namely: -

“Provided that the employee, who does not join the post within the stipulated
time or evades to join the post by proceeding on leave, second time also, shall
lose his promotion right / offer permanently.”

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

S.K. SINHA
SPECIAL CHIEF SECRETARY TO GOVERNMENT (Services & HRM)(FAC)

To
All the Departments of Secretariat.
All the Heads of Departments.
All the District Collectors.
The Commissioner, Printing, Stationery
& Stores Purchase, Hyderabad.
(for publication of the Notification in the A.P. Gazette and
supplying 50 copies of the same)
The Secretary, APPSC, Hyderabad.
All Service Sections in GAD.

Copy to:

197
The Law (E) Department.
The PS to Special Chief
Secretary to Governor.
The PS to Chief Secretary to Government, GAD.
The PS to Special Chief Secretary to
Government (Services & HRM), GAD.
SF / SCs
// FORWARDED :: BY ORDER //
SECTION OFFICER

198
 GOVERNMENT OF ANDRHA PRADESH
ABSTRACT

PUBLIC SERVICES – Departmental Promotion Committees for Gazetted Posts

outside the purview of the Andhra Pradesh Public Service Commission –
Constitution - Ordered.

GENERAL ADMINISTRATION (ARC&S) DEPARTMENT

G.O.Ms.No.397 Dated the 26th July, 1973.

Read the following:-

1. G.O.Ms.No.283, Genl. Admn. (ARC&S) Dept., dated 30-5-1973.

O R D E R:

The Administrative Reforms Committee 1964-65 made certain

recommendations for constitution of Committees consisting, inter-alia, of
independent members who are unconnected with the Department involved,
for selection of officers for promotion to gazetted posts which are not within
the purview of the Andhra Pradesh Public Services Commission. The standing
Administrative Reforms Committee considered these recommendations at its
meeting held on 23-3-1968 and commended the procedure suggested by the
Administrative Reforms Committee for promotion to gazetted posts which are
outside the purview of the Commission.

2. Based on the above recommendations, the Government have decided

to constitute Departmental Promotion Committees with view to securing the
maximum degree of objectivity in the appraisal of merit and ability of
Government employees for selection to various gazetted and non-gazetted
posts, promotion to which is outside the purview of the Andhra Pradesh Public
Service Commission.

3. Accordingly, orders were issued in G.O.Ms.No.283, General

Administration (A.R.C.&S.) Department, dated:3-5-1973 regarding
constitution of Departmental Promotion Committees for promotion to the
various categories of non-gazetted posts in the Andhra Pradesh Secretariat
Service, the Andhra Pradesh Ministerial Service and the various Subordinate
Services, promotion to which is outside the purview of the Commission.

4. The Government have since decided that Departmental Promotion

Committees as indicated in the Annexure be constituted for promotion to the
various categories of gazetted posts under each Department of the
Secretariat.

In the case of the Committees consisting of four members, when

members in equal number (i.e., two each side) take opposite views a meeting
will be held with the Chief Secretary to Government for a final decision.

5. In cases of other categories of posts in the State Services which are

not covered by the annexure to this order and promotion to which is outside
the purview of the Commission, Department of Secretariat are requested to

199
take immediate action to constitute Departmental Promotion Committees on
the lines indicated in the annexure.

6. In respect of posts in the State Services for which rules have yet to be
framed, Departments of Secretariat are requested to take urgent steps to
constitute the Departmental Promotion Committees as soon as the rules are
framed.

7. The Departmental Promotion Committees should be constituted well

before the month of AUGUST each year so that selections could be finalised in
September as required by General Rule 4 of the Andhra Pradesh State and
Subordinate Service Rules. The tenure of the Secretaries to Government
nominated by the Chief Secretary to serve on the Departmental Promotion
Committees will be for a period of one year and there should be a change in
the members from year to year.

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

N.BHAGAVANDAS,
CHIEF SECRETARY TO GOVERNMENT

200
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (ARC&B) DEPARTMENT

Memorandum No:476/73-1 Dated 11-09-1973

Sub:- Public Services – Departmental Promotion Committee –

Constitution of - Regarding

Ref:- 1. G.O.Ms.No:283, G.A. (ARC&S) Dept., dt:30-05-1973.

2. G.O.Ms.No:397, G.A. (ARC&S) Dept., dt:26-07-1973

-ooOoo-

With reference to the orders issued in the G.Os cited a point has been
raised whether temporary promotions (as opposed to regular) will have to be
referred to the Departmental Promotion Committees. It is hereby clarified
that even such cases involving temporary promotions should be referred to
the Departmental Promotion Committees.

N.BHAGAVANDAS,
CHIEF SECRETARY TO GOVERNMENT.

201
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC-I) DEPARTMENT

Memo.No:58/DPC/86-1 Dated 3rd February, 1986

Sub:- Departmental Promotion Committees – Certain instructions –

Issued.

Ref:- Govt.Memo.No:157/76-1, GA (ARC&S) Department, dated

24-02-1976.

-ooOoo-

In the Government Memo cited, instructions were issued to the effect

that Departmental Promotion Committees should be convened after
ascertaining the convenience of Members and that in the event of all the
Members not being present in the first instance, the Committee may, to avoid
undue delay make recommendations at its adjourned meeting in case more
than half of the number of members are present at the said meeting. Even
this arrangement also is resulting in considerable delay and in order to avoid
even least possible delay, it has been decided that:-

(i) the Departmental Promotion Committee meetings should be

convened after ascertaining the convenience of Members;

(ii) the Chairman shall preside at all meeting of the Committee;

and

(iii) the absence of any member, other than the Chairman, shall not
invalidate the proceedings of the Committee, if more than half
of the members of the Committee had attended its meetings.

2. All the Departments of Secretariat and Heads of Departments are

requested to strictly adhere to the time schedule fixed for convening the
meetings of the Departmental Promotion Committee and avoid complaints of
delay in making promotions, in future.

SHRAVAN KUMAR,
CHIEF SECRETARY TO GOVERNMENT.

202
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC. I) DEPARTMENT

U.O.Note No.9/DPC.I/87-1, Dated: 31-3-1987.

Sub:- PUBLIC SERVICES – Recommendations of the Departmental

Promotion Committees – Further action to be taken by the
Administrative Departments – Avoidance of reference to
G.A.(DPC) Department or Secretary(Services) – Regarding.

Ref:- 1. G.O.Ms.No.187 G.A.(Ser-B) Department, dated:25.4.1985.

2. G.O.Rt.No.2012, G.A.(Ser-B) Department, dated: 25.4.1985.

-ooOoo-

In the G.O. first cited, a first level Departmental Promotion Committee

and three second level Departmental Promotion Committees have been
constituted. The Departmental Promotion Committees have started
functioning and met several times and made recommendations in respect of
empanelment of officers to various categories of posts in difference
departments. The proceedings of the Departmental Promotion Committees
are being communicated to the concerned administrative Departments for
taking necessary further action to get the approval of the Government.

Experience during the past one year of the functioning of the

centralized Departmental Promotion Committees has shown that there were
many instances where essentially the recommendations of the Committees
and also the legal validity of the guidelines issued by the Government were
questioned by the Ministers concerned who have even differed with the
grading recommended by the Committees and the files were repeatedly
referred either to G.A.(DPC-I)Department or the Secretary (Services) GAD for
giving their remarks.

It may be noted that the Departmental Promotion Committee is only a

recommendatory non-statutory body which functioning within the guidelines
issued by the Government. The consideration by the Committee is mainly
based on the notes furnished by the concerned Departments which are aware
of all the facts of the case. The recommendations of the Departmental
Promotion Committee are a collective decision of the Committee, at the
meetings of which invariably the Secretary of the concerned Administrative
Department and Heads of the Department are present. Further the minutes
of the Departmental Promotion Committee are drafted in such a way that
they are self-explanatory and the rule and authority are quoted invariably in
every case when a promotion is proposed to be deferred or a person is
superseded. Therefore, it is for the concerned Department which is also
bound by the guidelines issued by the Government and which is familiar with
the rules and procedures to satisfactorily clarify/reply or point out the rule
position in case a doubt is raised.

The Department concerned may differ with the recommendations of

the Departmental Promotion Committee, as per the instructions, all such
cases should be circulated to Chief Minister through the Chief Secretary to
Government duly recording the reasons for the same.

203
 The General Administration Department comes into picture only if
interpretation of any rule is required. In all other cases the General
Administration Department cannot offer any advice except again and again
pointing out or confirming the rule position. Reference in such cases thus
becomes a futile exercise consuming lot of time.

All the Departments may keep the above position in view and avoid
making references to General Administration Department or to the Secretary
to Government (Services), G.A.D.

SHRAVAN KUMAR
CHIEF SECRETARY TO GOVERNMENT

204
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Vacancies arising due to placing of the Member of Service

under suspension required to fill up the posts by promotion/appointment by
transfer – Orders – Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No:189 Dated 20-04-99

-ooOoo-

O R D E R:

It has been brought to the notice of the Government that whenever

any Government employee is placed under suspension in any disciplinary
case, the consequential vacancy is being filled up either by promotion or
appointment by transfer by an eligible person. It is further noticed that
inordinate delay is being caused to dispose of such disciplinary cases.
Thereby the person promoted or appointed by transfer is being continued in
such vacancy for a long time.

2. Government had an occasion to review the above position. After

careful examination of the issue the Government have decided that the
additional charge arrangements may be made in the vacancies arising due to
disciplinary case and shall not be filled up by promotion or appointment by
transfer. Accordingly, the Government hereby order that the vacancies
arising due to placing of a member of service under suspension in any
disciplinary case, shall not be filled up by promotion or appointment by
transfer but only additional charge arrangement shall be made under rule 49
of the Fundamental Rules.

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

N.V.H. SASTRY
SECRETARY TO GOVERNMENT

To
All Departments of Secretariat.
All District Collectors.
All Heads of Departments.
Copy to:
All Service Section in General Administration Department.
The Secretary to A.P.Public Service Commission, Hyderabad.
The Secretary to Vigilance Commissioner, A.P.Vigilance Commission,
Hyderabad.
General Administration (Cabinet) Department.
General Administration (SC.D) Department.
Law (E) Department.
Finance & Planning (FW.FR.II) Department.

//Forwarded::By order//

SECTION OFFICER

205
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Appointing Authorities in respect of posts in First and

Second Level Gazetted categories in State Services Adhoc Rule – Issued.
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

G.O.Ms.No:230 Dated 22-05-1999

Read the following:-

1. Govt.Memo.No:54400/Ser.D/98-3, General Administration

Department, dated 12-02-1999.
2. From the Secretary, APPSC., Hyderabad, Letter No:797/RR/
2/99, dated 05-05-1999.

-ooOoo-
O R D E R:

In order to implement various schemes for the welfare of the public,

different special services have been created to suit the requirements. The
Government consider it necessary to have decentralization of the powers to
the extent possible to the field level for speedy and quick decisions on various
issues so as to minimize the delay and reduce red tape in the administration.
It is the earnest endeavour of Government to have a transparent and efficient
administration in decision making and implementation.

2. Accordingly, it has been decided by the Government to confer status of

appointing authorities in respect of first level and second level Gazetted posts
in the State Service to the regional authorities as well as Heads of
Departments respectively. Thereby the appointing authority for all initial
Gazetted categories in State Service shall be the regional authorities where
the regional offices exist. For the second level Gazetted posts in the State
Service, the Heads of the Department shall be the appointing authority. For
the third level and above Gazetted posts, the Government shall be the
appointing authority.

3. Where no regional offices exist, the Head of the Department shall be

the appointing authority for both the first level and second level Gazetted
categories in State Service.

4. Accordingly, the following adhoc rule is issued.

5. The following notification will be published in the Andhra Pradesh

Gazette:

NOTIFICATION

In exercise of the powers conferred by the proviso to article

309 of the Constitution of India and of all other powers
hereunto enabling the Governor of Andhra Pradesh hereby
makes the following adhoc rule in respect of the appointment of
the Members in the State Service of the Government of Andhra
Pradesh.

206
 ADHOC RULE

Notwithstanding anything contained in the Andhra

Pradesh State and Subordinate Service Rules 1996, Special
Rules of any service and in any rules for the time being in
force, the appointing authority in respect of all the initial
Gazetted categories in the State Service, henceforth shall be
the Regional authority where Regional Offices exist, while the
Head of the Department shall be the appointing authority for all
the second level Gazetted categories in the State Services and
also for initial Gazetted categories for which no Regional Offices
exist.

Provided that in respect of the posts in the third level

Gazetted and above in the State Service, the appointing
authority shall be the Government.

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

V. ANANDA RAU
CHIEF SECRETARY TO GOVERNMENT

To
All Departments in Secretariat. (10 copies each)
All Heads of Departments.
All District Collectors/District Judges.
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad.
The Secretary, A.P.Public Service Commission, Hyderabad.
All Service Sections in General Administration Department and DPC.I & DPC.II
The Law Department.
SF/SC
//Forwarded::By order//

SECTION OFFICER

207
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

Circular Memo.No:31549/Ser.D/99-1 Dated 28-05-1999

Sub: Public Services – Appointing authorities in respect of first

and second level Gazetted categories in State Services –
Adhoc rule issued – Further instructions - Issued.

Ref: G.O.Ms.No:230, General Administration (Ser.D) Department,

dated 22-05-1999.

-ooOoo-

In the G.O. referred to above, notification was issued making the

regional authority, wherever it exists, as appointing authority for th first level
Gazetted posts in the State Service and the Head of the Department is made
as appointing authority for the second level Gazetted categories and also first
level Gazetted categories where there are no regional offices.

2. According to rule 6 of the Andhra Pradesh State and Subordinate

Service Rules, 1996 all the appointing authorities are required to prepare
panels taking the first September of the year as the qualifying date to
determine the eligibility of a candidate for such appointment. In pursuance
of the above rule, many appointing authorities might have already got the
panels approved and action being taken to fill up the vacancies on that basis.
Since the adhoc rule came into force with immediate effect which had over
riding effect on all rules, it has been decided by the Government that the
annual panels for the current year i.e., 1998-99 already approved be allowed
to continue as per rule 6 of the A.P.State and Subordinate Service Rules,
1996, and if no panel is approved for 1998-99, the appointing authorities
shall follow adhoc rule issued in the G.O. cited even for the current panel year
1998-99 for preparing panel in terms of rule 6 of the A.P.State and
Subordinate Service Rules, 1996.

3. Instructions are being issued separately regarding the composition of

the Departmental Promotion Committee at regional level and other level
separately.

N.V.H. SASTRY
SECRETARY TO GOVERNMENT

To
All Departments in Secretariat. (10 copies each)
All Heads of Departments.
All District Collectors/District Judges.
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad.
The Secretary, A.P.Public Service Commission, Hyderabad.
All Service Sections in General Administration Department and DPC.I & DPC.II
The Law Department.
SF/SC
//Forwarded::By order//

SECTION OFFICER

208
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

Circular Memo.No:31832/Ser.D/99-1 Dated 31-05-1999

Sub: Public Services – Appointing authorities in respect of

first and second level Gazetted posts in the State Services –
Delegation of powers - Adhoc rule - Issued – Further
instructions - Issued.

Ref: G.O.Ms.No:230, General Administration (Ser.D) Department,

dated 22-05-1999.

-ooOoo-

In the G.O. cited, an adhoc rule was issued delegating the powers in
respect of appointing authorities for the First Level and Second Level
categories of posts in State Service. In the departments wherein regional
offices exist, the appointing authority for the first level Gazetted posts is such
Regional authority and for the Second Level Gazetted posts the Head of the
Department shall be the appointing authority. Where no Regional Offices
exist, the Head of the Department shall be the appointing authority for the
First level and Second level Gazetted posts. For the posts in Third Level and
above category in the State Service the appointing authority shall be the
Government.

The Departments of Secretariat and Heads of Departments are

requested to take immediate necessary action to make suitable amendments
to the special rules pursuant to the adhoc rule issued in the G.O. cited. The
Special rules which are yet to be issued based on the recommendations of the
One-Man Commission, appropriate action should also be taken with reference
to the above adhoc rule.

The receipt of the Memo. Should be acknowledged.

N.V.H. SASTRY
SECRETARY TO GOVERNMENT

To
All Departments in Secretariat.
All Heads of Departments.
All District Collectors/District Judges.
Copy to:
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad.
The Secretary to Vigilance Commissioner, A.P.Vigilance Commission,
Hyderabad.
The Secretary, A.P.Public Service Commission, Hyderabad.
All Service Sections in General Administration Department and DPC.I & DPC.II
The Law Department.
SF/SC
//Forwarded::By order//

SECTION OFFICER

209
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

Circular Memo.No:29114/Ser.D/99-3 Dated 25-06-1999

Sub: Public Services – Preparation of list of approved ccandidates

for promotion/appointment by transfer – Review of the panel
Certain clarification - Issued.

-ooOoo-

Rule 6 of the A.P.State and Subordinate Service Rules, 1996 deals with
the procedure for preparation of list of approved candidates, otherwise called
as panel, for promotion or appointment by transfer to higher categories. The
Second proviso to the said rule provides for review of the list of approved
candidates, after a period of six months reckoned from the date of approval of
the panel to consider for inclusion of the employees who subsequently passed
the prescribed tests or acquired special qualification and found suitable for
inclusion in the panel of the year. The Departments are seeking clarification
whether an employee who appeared for the test during the panel year and
passed the test can be considered for inclusion in the panel.

It is clarified that employees who appeared for the tests before the 1 st
September of the year which is the qualifying date for the panel year and
whose results were published subsequent to the qualifying date shall be
considered as eligible by the Departmental Promotion Committee or
Screening Committee for inclusion in the panel and if the meeting of the
Departmental promotion Committee or Screening Committee had already
taken place such cases must be placed before the review Departmental
Promotion Committee or Screening Committee for review as provided in the
A.P.State and Subordinate Service Rules, 1996.

N.V.H. SASTRY
SECRETARY TO GOVERNMENT

To
All Departments in Secretariat.
All Heads of Departments.
All Collectors and District Judges.
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad.
The Secretary to A.P.Public Service Commission, Hyderabad.
Copy to:
All Service Sections in General Administration Department
General Administration (SU) Department.
All Recognized Associations.
SF/SC
//Forwarded::By order//

SECTION OFFICER

210
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

U.O.Note No:44964/Ser.D/99-1 Dated 27-09-1999

Sub: Public Services – Conferring the status appointing authority

on the regional officers in respect of first level Gazetted
posts – Further instructions issued – Regarding

Ref: G.O.Ms.No:230, General Administration (Ser.D) Department,

dated 22-05-1999.

-ooOoo-

In the G.O.cited, orders were issued, inter-alia conferring the status of

appointing authority on the Regional Officer, wherever such Regional Offices
exists in respect of all the first level gazette categories in the State Service.
It is noticed that in certain departments jurisdiction of entire State is divided
into multi-zones, for effective functioning of administration owing to the
special circumstances prevailing in those departments, with more than one
regional authority in the said multi-zone as per the A.P.Public Employment
Organization of local cadres and Regulation of Direct Recruitment Orders
1975.

2. Keeping in view the above, all the departments of Secretariat are

requested to issue orders/instructions in this regard by clearly identifying the
appointing authority/regional officer in a multi-zone and also zone in
consultation with General Administration (SPF.A) Department under
intimation to General Administration (Ser.D) Department.

N.V.H. SASTRY
SECRETARY TO GOVERNMENT

To
All the Service Sections in the Departments of Secretariat. (10 copies each)
Copy to:
General Administration (SPF.A) Department.
SF/SC-2.

//Forwarded::By order//

SECTION OFFICER

211
 GOVERNMENT OF ANDHRA PRADESH
LAW (L) DEPARTMENT

Memorandum No:8942/203/L1/99-1 Dated 12-10-1999

Sub:- Court Cases – Improperly Joining Chief Secretary to

Government as respondent in Writ Petitions and Original
applications filed before the High Court, A.P.A.T. and C.A.T.
and other courts etc – Filing applications before the courts to
delete the name of the Chief Secretary in such cases –
Regarding.

Ref:- 1. Govt.Letter No:82/10/l2, Law, dated 02-01-1998.

2. U.O.Note no:137/LSP/RL/L2/98-2, Law, dt:20-02-1998.
3. Govt.Memo.No:82/10/L2/98, Law, dated 16-04-1998.

-ooOoo-

The attention of the Government Pleaders in the High Court, Andhra

Pradesh Administrative Tribunal, Central Administrative Tribunal, Special
Court established under the Land Grabbing (Prohibition) Act and Andhra
Pradesh State Consumer Disputes Redressal Commission is invited to the
reference cited. They are informed that in the Writ Petitions and Original
Applications filed against the State Government in the High Court, Tribunals
and other courts under the provisions of the Code of Civil Procedure, 1908
[Section 180 (1)(c)] as well as the Andhra Pradesh Government Business
Rules, the Special Chief Secretary, Principal Secretary and Secretary to
Government as the case may be as the Official Heads of the concerned
Departments have to be shown as representing the State Government and
not the Chief Secretary. Therefore, whenever any action of the Government
is being challenged before the Court or relief is claimed against the State, the
necessary party in such case is only the State Government represented the
concerned Special Chief Secretary, Principal Secretary or Secretary to
Government in the Government Department, as the case may be. While so, it
is noticed that in a number of cases filed before the High Court and other
courts and Tribunals against the Government, the Chief Secretary to
Government is impleaded as a respondent eventhough his action is not being
challenged in those cases or no relief is claimed against him. In all such
cases where the Chief Secretary to Government is improperly impleaded as a
respondent, an application or affidavit, as the case may be, has to be filed by
Chief Secretary before the concerned court for striking out or deletion of his
name. Instructions in this regard were already issued to the Government
Pleaders in the references cited. Inspite of these instructions, it is observed
that in some cases, prompt action for filing affidavits on applications before
the concerned courts pleading for deletion of the name of the Chief Secretary
in the main cases is not taken and thereby causing much inconvenience to the
Chief Secretary in the main cases as well as contempt cases filed before the
courts with which the Chief Secretary is not administratively concerned.

212
2. All the Government Pleaders are, therefore, requested to list out the
cases in which the Chief Secretary to Government is improperly arrayed as a
respondent and take urgent steps for deletion of his name in such cases by
filing an affidavit or application before the concerned courts by obtaining his
signature through the concerned Departments. They may also take steps for
substitution of concerned Secretary in all those cases, if such person is not
already a respondent. Action taken in this matter may be intimated to the
Government immediately.

3. The receipt of the Memo. may please be acknowledged. This may be

treated as top-priority.

G. BHAVANI PRASAD,
SECRETARY TO GOVERNMENT,
Legal Affairs (FAC).

To
All Government Pleaders, though the Administrator, Government Pleaders
Office, High Court, Hyderabad.
The Administrator, Government Pleaders Office, High Court, Hyderabad.
The Advocate-General, A.P., Hyderabad.
The Additional Advocate General, A.P., Hyderabad.
Copy to: All Secretaries to Government.
All Departments of Secretariat.
P.S. to Chief Secretary.
P.S. to Secretary, Legal Affairs.
SF/SC

//Forwarded::By order//

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 GOVERNMENT OF ANDHRA PRADESH
LAW (L) DEPARTMENT

Circular No:9388/LSP/L1/99 Dated 03-12-1999

Sub : Where a Direction is issued by the Court to consider the case of the
petitioner or wherein Interim order or adverse final order passed by
the Courts – Course of action to be taken by the Government officials
on receipt of court orders – Instructions – Issued.

Ref: Lr.No.Gen/LA/PBR, dt.31.8.1999 from the Government Pleader for

Land Acquisition, High Court.

-ooOoo-

In the letter cited, the Government Pleader for Land Acquisition, High
Court has brought to the notice of the Government that whenever a direction
is given by the Hon’ble High Court to consider the representation or consider
the case of the petitioner by fixing a particular time limit in the order, the
State Government officials are able to comply with the directions within the
time allowed by the High Court and there by contempt cases are being filed in
the High Court for non-compliance of the orders of the High Court and every
year the filing of contempt cases is increasing. He has further stated that the
High Court in its judgment in P.R.Naidu, Vice-Chancellor, Sri Krishna
Devaraya University Vs. D.Chandramaouli Reddy [1999 (4) ALT 434] has
clarified the meaning of the word ‘consider’ by observing that:-

“It is noticed that in number of cases orders are being passed,

be it by this Court or by the Administrative Tribunal to consider
the cases of the petitioners approaching with complaints that
their cases have not been considered. There, word ‘consider’
cannot be equated as adjudication of the right of the petitioner.
It is not even a mandate to the authority receiving the directions
to allow the claim of the petitioner straightaway. The direction
‘to consider’ has to be construed as a duty cast upon the
authority receiving the said direction to dispose of the claim
made by the petitioner in the light of the rules governing the
situation and also subject to the eligibility of the claimant to
such a claim. The authorities should take note of this factor, as
some times, they are misconstruing the direction ‘to consider’ as
a mandate by a judicial authority to allow the claim of the
petitioner straightaway regardless of the rule position or the
eligibility.”

2. He has also stated that whenever a direction is given by the High

Court either in the form of interim order or final order, if immediate action is
taken by approaching the concerned Government Pleader for either for
vacating interim order or file Writ Appeal or petition for extension of time in
case where time limit has been fixed, the Departments can avoid contempt
cases. He has also stated that where the District Collector or concerned
Secretary to Government are impleaded as respondents in a case and the
court passes an order, the department is not placing the order before the
impleaded authority and the authority is aware of the court orders only after

214
receipt of Contempt notice from the High Court. He has, therefore, requested
to issue suitable instructions to all the Government officials.

3. All the Secretariat Departments, Heads of Departments and District

Collectors are hereby informed that whenever any court or Tribunal directs
“to consider” the case of the petitioner it has to be construed as a duty cast
upon the authority receiving the said direction to dispose of the claim made
by the petitioner in the light of the rules governing the situation and also
subject to the eligibility of the claimant to such a claim. They are therefore
instructed to dispose of all such cases as per rules and eligibility within the
time allowed by the Court in order to avoid contempt cases. They are further
instructed to take immediate action in consultation with the concerned
government pleader for vacation of interim orders passed by the courts, for
filing appeals whenever adverse order is passed by the court and for filing
petitions seeking extension of time for implementation of the orders of the
court where time limit has been fixed. They are also instructed to place all
the orders of the court before the authority impleaded as a respondent in the
case for perusal soon after its receipt in the department. The above
instructions may be communicated to all the Government Departments/offices
under their control.

4. The receipt of the circular may be acknowledged.

G. BHAVANI PRASAD,
SECRETARY TO GOVERNMENT,
Legal Affairs (FAC).

To
All the Departments of Secretariat.
All the Heads of Departments.
All District Collectors.
Copy to the Government Pleader, L.A.H.C.
P.S. to Chief Secretary.
P.S. to Law Secretary.
SC/SF

//Forwarded::By order//

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215
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

Circular Memorandum No:11305/Ser.D/2000-1 Dated 03-03-2000

Sub: PUBLIC SERVICES – Andhra Pradesh State & Subordinate

Service Rules, 1996 – Operation of approved panel as provided
in Rule 6 (b) & (c) of the General Rules – Reiterated –
Regarding.

-ooOoo-

Several enquiries are being made whether annual panels approved in

terms of rule 6 of the Andhra Pradesh State & Subordinate Service Rules,
1996, can be operated upto 31 st December of the succeeding year.

2. According to rule 6 of the said rules, the validity of the panel is from
1st September of the year to 31st August of the succeeding year and the
vacancies estimated that may arise during that period only are to be
considered for promotion of the eligible candidates. However only for those
vacancies which arose during the panel year, if there has been delay in
issuing orders of appointments/promotions for administrative reasons, orders
of promotion can be issued upto 31st December of the year to the candidates
from out of the panel already approved and not for the vacancies that arose
after 31st August of the said year.

3. All the Departments of Secretariat, Heads of Departments/Collectors

and other appointing authorities may keep this in view at the time of
processing such cases.

N.V.H. SASTRY,
SECRETARY TO GOVERNMENT.

To
All the Departments of Secretariat including all service Sections in General
Administration Department and DPC I & II.
All Heads of Departments.
All District Collectors.
SF/SCs

//Forwarded::By order//

SECTION OFFICER

216
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

Memorandum No:20606/Ser.D/2007 Dated 25-10-2007

Sub: PUBLIC SERVICES – Preparation of list of approved candidates

for promotion/appointment by transfer – Review of the panel –
Clarification – Instructions cancelled – Orders – Issued.

Ref: Govt.Memp.No:29114/Ser.D/99-3, General Administration

(Ser.D) Department, dated 25-06-1999.

-ooOoo-

Rule 6 of Andhra Pradesh State & Subordinate Service Rules, 1996

deals with the procedure for preparation of list of approved candidates,
otherwise called as panel, for promotion or appointment by transfer to higher
categories. The third proviso to the said rule, provided for review of the list
of approved candidates, after a period of six months reckoned from the date
of approval of the panel to consider for inclusion of the employees who
subsequently passed the prescribed tests or acquired special qualification and
found suitable for inclusion in the panel of the year.

2. In the reference cited, it was clarified that employees who appeared

for the tests before 1st September of the year which is the qualifying date for
the panel year and whose results were published subsequent to the
qualifying date shall be considered as eligible by the Departmental Promotion
Committee or Screening Committee for inclusion in the panel and if the
meeting of the Departmental promotion Committee or Screening Committee
had already taken place such cases must be placed before the review
Departmental Promotion Committee or Screening Committee for review as
provided in the A.P.State and Subordinate Service Rules, 1996.

3. Aggrieved by the said clarification, Sri T.Sreenivas, Food Inspector has

filed an O.A.No:3957/2004 with a prayer to direct the respondents to consider
him for promotion to the post of Gazetted Food Inspector by setting aside the
orders issued by Health, Medical & Family Welfare Department in
Memo.No:10787/L1/2004, dated 9-7-2004 and also General Administration
(Ser-D) Memo.No:29114/Ser/D/1999-3, dated 25-6-1999.

4. The Andhra Pradesh Administrative Tribunal in its order dated

28-02-2005 in O.A.No:3957/04 with VMA No:557/04, while setting aside of
the above said Memos, has directed the respondents,-

“to place the matter before the Review DPC in so far as the
applicant is concerned for reviewing the panel of 2003-04
ignoring the Memo dated 25-06-1999 of the GAD and if he is
found suitable and if his name is included in the panel, he shall
be promoted from the date his junior was promoted, if
necessary by reverting the 3rd unofficial respondent promoted
in Memo.No:7609/E1/2003-04, dated 07-06-2004 or any
juniors and he is entitled for consequential benefits including
the seniority and pay fixation etc as per law. Accordingly, the
O.A. is allowed VMA stands dismissed.

217
 While issuing the said orders, the Tribunal has also observed
that,-

“I am inclined to accept the contention of the learned counsel

for the applicant as if the person who appeared in May/June,
could have got the results before 1st September or so before
the panel is prepared there is no purpose behind proviso to
Rule 6 (b) to review the panel after six months. This proviso
has been incorporated in the rule only to provide a chance to
those persons who are not included in the panel taking 1 st
September as cut-off date, because of their not passing the
requisite test for reviewing their case if they acquire requisite/
specified qualification or pass Departmental Test within six
months from the date of approval of the panel and it is only for
those passed later such a provision is meant. Therefore, the
memo issued by the GAD is not by way of supplementing or
clarifying the proviso to Rule 6(b) but rather it has also
altogether a different concept, which has been devised in the
impugned Memo. These executive instructions issued in the
above dated 29-11-1999 cannot alter the basic statutory rule,
thus, it is not in consonance of the Statutory Provision”.

5. Government after examining the entire issue, have decided to cancel

the clarification issued in the Memo No:29114/Ser.D/99-3, General
Administration (Ser.D) Department, dated 25-06-1999 and accordingly,
Memo No:29114/Ser.D/99-3, General Administration (Ser.D) Department,
dated 25-06-1999 is hereby cancelled.

Dr.P.KRISHNAIAH,
Secretary to Government (Services)

To
All Departments of Secretariat.
All Heads of Departments.
All Collectors and District Judges.
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.
Copy to:
All Service Sections in General Administration Department.
General Administration (SU) Department.
All Recognized Service Associations.
SF/SC

//Forwarded::By order//

SECTION OFFICER

218
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

Circular Memo.No.29381-B/DPC.I/2011-1, Dated:3-10-2011

Sub: GA (DPC) Department - Presence of the Departmental Members

of the Committee in the meetings of the DPC /Screening
Committee meetings – Instructions – Regarding.

***

The attention of all the Departments of Secretariat is invited to the

subject cited and they are informed that the GA (DPC) Department convenes
the Departmental Promotion Committee / Screening Committee meetings for
preparation of panels for promotion to the 3 rd level Gazetted and above posts
in the State Government Departments.

2. Experience has shown that DPC / Screening Committee meetings are

being postponed due to absence of either Spl. Chief Secretary / Principal
Secretary / Secretary to Govt., of Department concerned or HOD concerned
or both which is causing delay for preparation of panels.

3. Hence, it is felt necessary that the Special Chief Secretary/Principal

Secretary/Secretary to Government of the Department concerned and HoD
concerned have to attend the DPC / Screening Committee meetings. If they
are unable to attend the meetings, the same has to be intimated to the
Chairman of the Committee and take permission for postponement of the
scheduled meetings.

PANKAJ DWIVEDI,
CHIEF SECRETARY TO GOVERNMENT

To
All the Departments of Secretariat.
Copy to:
P.S. to Chief Secretary to Govt.,
P.S. to Secretary to Govt., (Ser. & HRM)
SF / SC

//Forwarded::By order//

SECTION OFFICER

219
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

U.O.Note No.29396.A/DPC.I/2012-1, Dated:11-9-2012.

Sub: DPC - Convening of (a) DPC Meetings for Heads of

Departments (Non-Cadre); (b) DPC Meetings for fourth level
Gazetted and above officers; and (c) Screening Committee
Meetings for third level Gazetted Officers – Panel year 2012-13
- Proposals - Called for - Earlier instructions reiterated - Reg.

Ref: 1 U.O.Note No.29417/DPC.I/2011-1, G.A. (DPC.I)

Department, dt.23.9.2011.
2 U.O. Note No.17290/DPC.I/2011-1, G.A. (DPC.I) Deptt.,
R Dt.9.6.2011.
e 3 Circular Memo.No.29381-B/DPC.I/2011-1, G.A. (DPC.I)
f Deptt., Dt.3.10.2011
:

*******

Instructions were issued from time to time in each panel year so as to

enable the departments of Secretariat to furnish DPC / Screening Committee
proposals for speedy conduct of DPC / Screening Committee Meetings. It was
experienced during the panel year 2011-12 that a large number of proposals
were received in the months of June to August and in some cases, the
proposals were received after 15-8-2012. The bunching of proposals towards
the end of panel year is resulting in rushing through the proceedings without
adequate scrutiny of the relevant records. Therefore, the departments are
advised to send proposals for the panel year 2012-13 well in advance for
timely convening of DPC / Screening Committee Meetings. The Departments
shall furnish the proposals at the beginning of panel year ie., in the month of
September.

2. Panels preparation for the year 2012-13:

As the Departments are aware that the panel year 2012-13 has started from
1-9-2012, it is felt necessary to reiterate the earlier instructions and also to
mention certain important points which may be followed for convening of DPC
/ Screening Committee meetings well in advance.

3. Proposals should be sent in full shape:

In this context, it is to be stated that the proposals received from some of the
departments are either in incomplete shape or defective, despite clear
instructions issued in U.O. Notes cited above and therefore, GA (DPC)
Department had to return the proposals to the respective departments for
rectification. As a result, there is delay in convening DPC meetings.

220
4. Updating of ACRs:

It is also observed that one of the reasons attributed for not submitting
proposals for DPC / Screening Committee meeting by the Departments
concerned is that non-availability of ACRs of the eligible officers on hand as
on the date of starting of panel year, despite stipulation of rules that the ACRs
of the officers have to be initiated in the month of April for the preceding
financial year by the Reporting Officers every year. All the Secretariat
Departments / Heads of Departments are, therefore, requested to ensure that
the ACRs are kept ready well before the panel year starts. They are requested
to furnish the performance of the individuals in the proforma prescribed in the
U.O.Note 2nd cited alongwith original ACRs for the last five years ie., from
2007-08 to 2011-12.

5. The following points shall be noted while preparing the Note for DPC /
Screening Committee:

a) The panel year for 2012-13 commenced on 1-9-2012; the qualifying

date for the panel year 2012-13 is 1-9-2012; and the vacancies in the
panel should be the vacancies arise from 1-9-2012 to 31-8-2013 only,
as per Rule 6(b) of APS&SS Rules, 1996. The vacancy position may be
sent to GA (DPC) Department in the proposals, as early as possible. If
vacancies are not available for the panel year 2012-13, the appointing
authority has to take action as per para 6(b)(i) of APS&SS Rules,
1996. Retirement vacancies those are arising on 31.8.2013 shall not
be counted for estimation of vacancies for the present panel year
2012-13 and such vacancies will be counted for the next panel year
i.e., 2013-14.

b) DPC / Screening Committee Note, Proforma, Seniority List of the

officers etc., and Court orders/G.Os/References thereon and the
decision taken by the Department thereon, as per G.O.Ms.No.187, GA
(Ser.B) Department, dt.25-4-1985, should be clearly indicated at
appropriate place.

c) Particulars of disciplinary cases against the officers like charges,

punishments, criminal cases etc., and Court orders/G.Os/ References
thereon, indicating the latest stage and the decision taken by the
Department thereon, should be clearly indicated at appropriate place.

d) In some cases, courts are issuing directions suspending or setting

aside the disciplinary proceedings / punishments against officers in the
zone of consideration or issuing directions to consider the names of
charged officers without reference to charge memo /orders for
promotion. In such cases, the Secy./Prl.Secy./ Spl.Chief Secy.to Govt.,
concerned has to specifically state whether the department has gone
in appeal or filed stay vacation petition etc., and the Department has
to take a stand whether to consider such cases or not, before sending
the proposal to the GA (DPC) Department. In some cases, the
Departments are not filing counter affidavit or vacate petitions against
the Interim Orders passed long back by the Courts, which is not
correct.

221
e) ACRs for the years from 2007-08 to 2011-12 in the prescribed
proforma illustrated in ref. 2nd cited, with counter signature and official
stamp in respect of all the officers who come within the zone of
consideration should be furnished with the proposals. The
Departments have to furnish the ACRs of all the individuals shown in
the seniority list including those who are facing charges or involved in
disciplinary proceedings. The Departments have to furnish old ACRs of
persons who are on long leave and also furnish Non Initiation
Certificate for the leave period. Further, the ACRs of the individuals for
the year 2011-12 should be in the modified format as issued in the
G.O.Ms.No.580, GA (Ser.C) Department, Dated 12-10-2011.

f) The Department is to specify the cadre strength, number of persons

working against the cadre strength in the Department, number of
persons working on deputation in the same cadre duly furnishing the
reasons and also inform whether Finance Department agreed to such
proposals. In case of deputation vacancies, Government orders
allowing such deputations should be enclosed to the proposals. The
Departments have to specify whether the officers working on
deputation are approved probationers or deemed to be approved
probationers or not.

g) Zone of consideration for promotion is 1:3 and where rule of

reservation in promotions for SC/ST/DA candidates is applicable, the
restriction of zone of consideration of 1:3 shall not be applicable.

h) The Departments are also informed that minimum service in the feeder
category for promotion shall not be relaxed. However, where it is
necessary in the public interest to fill emergently the vacancies, the
appointing authority may invoke Rule 10 (a) of APS&SS Rules, 1996 in
case of officers who are approved probationers or deemed to be
approved probationers as on 1.9.2012 only and orders should be
issued in the form of G.O., and copies of the same should be enclosed
to the proposals. Under no circumstances the relaxation of rules or
invocation of Rule 10(a) shall be resorted to the officers who are not
approved probationers as on qualifying date i.e., 1.9.2012.

i) DPC / Screening Committee proposals should be in the name of the

Secretary/ Principal Secretary/Special Chief Secretary to Government
of the Administrative Departments concerned and should be attested
by an officer not below the rank of Deputy Secretary to Government.

j) Statement showing the vacancy position with justification and date,

keeping in view the G.O.Ms.No.154, SW (ROR) Dept., dt.30-7-2008,
should be enclosed to the proposals.

k) Copy of the proceedings of the previous panel and extract from Roster
Point Register in respect of previous panel (where ROR is applicable)
should be enclosed to the proposal.

l) The Department has to furnish the proposals atleast one month in

advance so as to enable the GA (DPC) Department to scrutinize the
proposals and place before the DPC / Screening Committee.

222
 m) The Departments have to ensure that the DPC proposals are processed
and furnished to the DPC ordinarily in the month of September for
preparation of panels for promotion. If there is any administrative
exigency in view of the court cases / orders etc., in the last month of
panel year, the Departments concerned have to obtain permission of
the Chief Secretary to Govt., and then furnish proposals to GA (DPC)
Department.

n) In some cases, the Departments are furnishing the proposals wherein

certain officers were charged or facing disciplinary proceedings, but by
the time of DPC / Screening Committee meetings, the Departments
are informing that the said charges are dropped. In such cases, the
Departments are requested to furnish the proposal after charges are
dropped.

o) It is necessary that the Spl. Chief Secretary / Principal Secretary /

Secretary to Govt., of the Department concerned and Head of the
Department attend the DPC / Screening Committee meetings. If they
are unable to attend the meetings, the same has to be intimated to
the Chairman of the Committee and permission taken for
postponement of the scheduled meeting as per the instruction issued
vide reference 3 cited above.

p) DPC / Screening Committee proceedings may be approved and

published as panel, as early as possible, preferably within 15 days
from the date of issue of DPC / Screening Committee Proceedings.
Further, the Departments are informed that the recommendations of
the DPC / Screening Committee shall be approved and orders should
be issued on or before 31.8.2013 so that the panel can be operated till
31.12.2013 or till a new panel is prepared whichever is earlier.

6. All the Departments of Secretariat are also requested to adhere to the

instructions issued from time to time in the matter, consult the Heads of
Departments wherever necessary and furnish the DPC / Screening Committee
proposals in six sets through an U.O.Note, as early as possible keeping in
view the above guidelines for taking necessary action to place the same
before the Departmental Promotion Committees / Screening Committees for
preparation of panels for the panel year 2012-13.

MINNIE MATHEW,
CHIEF SECRETARY TO GOVERNMENT
To
All Special Chief Secretaries / Principal Secretaries /Secretaries to Govt.,
Departments of Secretariat (w.e).
Copy to:The PS to Chief Secretary to Government (w.e).
The PS to Secretary to Government (Ser), GAD (w.e).
The GA (SC.F) Department (w.e)./The GA (Ser.D) Department (w.e).
SF/SCs

// FORWARDED :: BY ORDER //

SECTION OFFICER

223
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

COURT CASES – Steps for avoiding contempt proceedings – Entrustment of

cases to the Advocate General for the State of Andhra Pradesh, Hyderabad –
Orders - Issued.
LAW (L.2) DEPARTMENT

G.O.Rt.No. 1646 Dated: 20.09.2012

Read the following:-

1. G.O.Rt.No.1220, Law, dt.25.08.2000.

2. Circular Memo.No.920/LSP/RL/L.3/2000-1, Law, dated:
26.08.2000.
3. Circular Memo.No.1702/LSP/L.1/2005, Law, dated:
09.09.2005.
4. Circular Memo.No.1493/LSP/L.1/2006, Law, dated:
16.011.2006.

***
ORDER:

In the circular Memo second read above, while issuing consolidated

instructions on the manner in which contempt cases have to be defended, it
has been clarified that the services of the Government Pleaders should be
utilized for defending the contempt cases and if for any specific reason, the
services of the learned Advocate General are required for defending a
contempt case, such case may be entrusted to him after obtaining the orders
of the Chief Secretary through the Law Secretary.

2. Despite these instructions which have again been reiterated in the

reference third read above, it is noted that a large number of proposals are
being received for entrustment of defence to the learned Advocate General in
all contempt cases in a very routine manner.

3. It has come to notice that there are about 4737 contempt cases before
the Hon’ble High Court of A.P. and the A.P. Administrative Tribunal. The very
large number of cases that are being moved for contempt of the directions of
the Hon’ble High Court/APAT/CAT is a matter of serious concern. There is an
urgent need, therefore, to avoid contempt proceedings by ensuring proper
and timely compliance of the orders of the Court or filing appeals in time,
before the Appellate Authority wherever necessary.

4. In order to have proper control and supervision over the matters

pending before the Courts and in furtherance of the instructions issued
earlier, the following orders are issued forthwith:

i) All interim/final directions of the Hon’ble High Court/APAT will

be put up at the tappal stage itself to the Secretaries to
Government/Heads of the Departments/District Collectors, for
perusal.

ii) All Secretaries to Government/Heads of Departments/District

Collectors are requested to go through the operative portion of

224
 the order and issue suitable instructions at the tappal stage for
appropriate action within the stipulated time.

iii) Secretaries to Government/Heads of Departments/District

Collectors shall cause to maintain a separate Register in their
respective Peshis with particulars stage wise, namely, the
receipt of such orders, the time limit by which action is required
and the steps taken at various levels till the conclusion of the
proceedings.

iv) Thereafter, action should be taken:-

a) to implement the same if it is capable of being

implemented within the time, as directed in the order;

b) to seek extension of time, before expiry of the time limit

ordered, for implementation in cases where it is capable
of being implemented, but the time allowed is not
sufficient;

c) to obtain clarification from the Law Officers or by filing a

suitable petition for clarification before the appropriate
forum wherever necessary, in cases of doubt, in
consultation with the concerned Law Officers;

d) to file Vacate Stay Petition, whenever considered

necessary along with the counter as expeditiously as
possible;

e) to file a review in appropriate cases where either

mistake of fact or mistake of law is noticed;

f) to file an appeal wherever necessary before the

appellate forum along with prayer for stay/suspension /
modification of the order appealed against.

5. The instructions issued in the Circular Memo. third read above, are
hereby reiterated and the departments of Secretariat shall ensure that the
entrustment of cases to/seeking opinion from the learned Advocate General
shall be only on the matters involving complicated questions of law, high
stakes, policy decision of the Government and contempt cases in such
matters; and not in other routine cases.

6. All the Secretaries to Government/Heads of Departments/District

Collectors are requested to follow the above orders and avoid contempt
proceedings. They are also requested to issue suitable instructions in their
staff meetings for operationalization of these orders and conduct regular
reviews.

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

MINNIE MATHEW,
Chief Secretary to Government.
To
All the Special Chief Secretaries/Prl.Secretaries/Secretaries to Government.

225
All the Heads of Departments.
All the District Collectors.
Copy to : The Advocate General for the State of Andhra Pradesh, Hyderabad.
,, : P.S. to Chief Secretary.
,, : P.S. Secretary to Government, LA&J.
,, : P.S. Secretary to Government, Legal Affairs.
,, : S/f & S/c.

//Forwarded: By Order//
SECTION OFFICER

226
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.II) DEPARTMENT

U.O. NOTE NO.14351.A/DPC.II/2013-1, DATED:23-5-2013

Sub: GA (DPC) Department – Classification of Officers who are facing

disciplinary proceedings / charges – Regarding.

Ref: 1. G.O.Ms.No.424, GA (Ser.C) Deptt., Dt.25.5.1976.

2. G.O.Ms.No.104, G.A. (Ser.C) Deptt., Dt.16.2.1990.
3. G.O.Ms.No.66, G.A. (Ser.C) Deptt., Dt.30.1.1991.
4. G.O.Ms.No.257, G.A. (Ser.C) Deptt., Dt.10.6.1999.

***
The attention of all the Departments of the Secretariat is invited to the
references cited and they are informed that despite clear instructions issued
in the GOs cited above, Departments while sending DPC / Screening
Committee proposals for preparation of panels for promotion, are not
furnishing the details of nature of charges / disciplinary proceedings and also
classification of nature of charges / disciplinary proceedings and thereby it is
becoming difficult to assess the suitability of the officers for inclusion in the
panel for promotions.

2. All the Departments of the Secretariat are therefore requested to

furnish the details of the officers who are facing charges / disciplinary
proceedings /criminal cases etc., in the prescribed proforma annexed to this
U.O. Note keeping in view the orders cited in the reference, while sending
DPC / Screening Committee proposals to this Department for preparation of
panels for promotion to the posts of 3rd level and above Gazetted posts in the
Departments of the Secretariat.

Dr. P.K. MOHANTY,

CHIEF SECRETARY TO GOVERNMENT.

To
All the Departments of the Secretariat.
Copy to:
P.S to the Chief Secretary to Govt.,
P.S. to the Secretary to Govt., (Ser.)

//Forwarded::By order//

SECTION OFFICER

227
 PROFORMA

STATEMENT SHOWING THE PARTICULARS OF DISCIPLINARY CASES

PENDING AGAINST THE OFFICERS PROPOSED IN THE SENIORITY
LIST

Sl. Name Whether Whether Details Nature of Classification of

No. of the charges the of Charges charges as per
Officer framed charges charges (Financial/ the
or not served procedural G.O.Ms.No.257,
or not irregularities) GAD,
(Date of Dt.10.6.1999.
service) Whether it
comes under
para 5 (b)(i) /
5 (b)(ii) /
5 (b)(iii)
(1) (2) (3) (4) (5) (6) (7)

Present stage Court Orders Whether Present stage Remarks

of the if any Counter of the Court of the
disciplinary pending in along with case Department
case with the matter VMA / Appeal
reasons for duly has been filed
delay specifying in the said
whether case
Interim /
Final orders

(8) (9) (10) (11) (12)

Dr.P.K.MOHANTY,
CHIEF SECRETARY TO GOVERNMENT.

228
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

Circular Memo.No.16904.B/DPC.I/2013-1, DATED:30-5-2013

Sub: GA (DPC) Deptt., - Preparation of panels for promotion to the

posts of 3rd level and above gazetted posts in the Departments
of the Secretariat – Certain instructions – Regarding.

***
All the Departments of the Secretariat are informed that the
Departments are furnishing the proposals to this Department for preparation
of panels for promotion to the post of 3rd level and above gazetted posts in
the State. It has been observed that when such proposals are placed before
the DPC / Screening Committee, certain Departments are bringing the latest
information / latest stage on certain issues and requesting the Committees to
take a decision during the meeting itself without giving sufficient time to
examine the proposal as per Rules, by the GA (DPC) Department.

2. All the Departments of the Secretariat are therefore requested to send

requisition to this Department to post-pone the scheduled DPC / Screening
Committee meetings as and when latest information / latest stage is available
on the proposals already sent by them to this Department and then furnish
the revised proposals with latest/upto date information so that proper
examination of the material is done as per Rules, before convening the DPC
meeting for its recommendations.

B. VENKATESWARA RAO,
SECRETARY TO GOVT., (SER.&HRM).

To
All the Departments of the Secretariat.

//Forwarded::By order//

SECTION OFFICER

229
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

Circular Memo No.15906.A/DPC.I/2013-1, Dated:17-06-2013.

Sub: Public Services – State and Subordinate Services – Promotion /

Appointment of employees to higher posts who are facing
disciplinary cases – Interim orders of Courts – Important Case
Laws - Communicated.

Ref: 1. G.O.Ms.No.424, GA(Ser.C) Dept., dated 25.05.1976.

2. G.O.Ms.No.104, GA(Ser.C) Dept., dated 16.02.1990.
3. G.O.Ms.No.257, GA(Ser.C) Dept., dated 10.06.1999.
4. U.O.Note No.29396.A /DPC.I/2012-1, GA(DPC-I) Dept.
dt.11.09.2012.

****
In G.Os 1st to 3rd cited, orders were issued enunciating guidelines for
consideration of employees who are facing disciplinary enquiries in regard to
their appointment by promotion or transfer to higher categories. In U.O.Note
4th cited, while reiterating earlier instructions certain further instructions were
issued for preparation of panel, sending of proposals, updating of ACRs etc.

2. According to the orders issued in the G.O. 3rd cited, among other
things “an officer whose record is such that he would have been promoted
had he not been facing enquiry, trial or investigation in respect of charges
which, if held proved would be sufficient to supersede him”, as categorized in
Para 5 B(iii) therein should only be considered for ad-hoc promotion after
completion of 2 years from the date of DPC or Screening Committee meeting
in which their cases were considered for the first time. Orders were also
issued therein prescribing procedure and guidelines to be followed to consider
the employees for appointment by promotion or transfer to next higher
categories against whom disciplinary cases or criminal prosecution are
pending or whose conduct is under investigation.

3. It has been experienced that in a considerable number of cases, the

employees who are facing disciplinary cases / ACB cases, criminal cases, are
obtaining interim orders from the Hon’ble A.P.A.T for considering their
candidature for promotion to the next higher post without reference to the
charges / disciplinary proceedings against them, if they are otherwise eligible
and suitable as per rules. This is causing much difficulty in considering the
suitability of an officer fit for promotion to the next higher post in deviation of
the existing rules.

4. Recently, in one case, Deputy Superintendent Engineer (R&B), who is

facing charges, obtained interim orders to consider his case for promotion to
the post of SE without reference to the criminal case pending against him.
The Department has filed detailed counter along with stay vacation petition.
When consulted in the matter, the Government Pleader for R&B Department
had opined that the name of the applicant may be placed before the DPC and
the DPC may consider his name as per rules only and if the applicant finally
succeeds in OA, he can be given notional promotion even after his retirement.
The G.P. has further opined that even if the case of the applicant is not
considered there will not be any contempt, as the Department has already
filed Vacate Stay Petition, and if the applicant files any contempt application,

230
a request can be made to the Court to take up the Vacate Stay Petition before
hearing contempt application in view of law laid down by the Hon’ble Supreme
Court of India reported in (1992) 4 SCC 167.

5. In this context, some of the judgments on the issues of contempt

cases for violation of interim orders of Courts are given below:

I. The Hon’ble Supreme Court of India in State of Jammu& Kashmir

Vs. Mohd. Yaquoob Khan & others (1992 (2) SCALE 75) while accepting
the contention of the State that so long as the stay matter in the writ petition
was not finally disposed of, the further proceeding in the contempt case was
itself misconceived and no orders therein should have been passed, observed
that the scope of a contempt proceeding is very different from that of the
pending main case yet to be heard and disposed of (in future). Besides, the
respondents in a pending main case are at a disadvantage if they are called
upon to meet the merits of the claim in a contempt proceeding at the
risk of being punished. It is, therefore, not right to suggest that it should be
assumed that the initial order of stay got confirmed by the subsequent orders
passed in the contempt matter. The Hon’ble Supreme Court further held
therein that the High Court should have taken first the stay matter without
any threat to the respondents in the writ case of being punished for
contempt. Only after disposing it of, the other case should have been taken
up.

II. A similar view has been taken by the Hon’ble Supreme Court in Modern
Food Industries (India) Ltd. Vs Sachidanand Dass (1995 Supp.(4) SCC
465).

III. The Hon’ble High Court (2013 (1) ALD 124: Anjamma Vs.Nirool
Kumar Prasad) Inter-alia held that it is trite that a judicial order passed by a
competent court at whatever level has the same efficacy as a final judgment
so long as it continues to be in force. When a direction to do a particular act is
given even by way of an interim order, the authority to which such direction is
given is ordinarily bound to comply with the same howsoever it may not be to
its liking. But in the opinion of this Court, this principle has some exceptions.
For example, an interim direction is secured by a party by playing fraud on
the Court or by suppressing the material facts, which, if were disclosed, the
Court would not have passed such interim order without hearing the other
side. In such a situation, if the respondents to whom the interim direction was
given, act swiftly and bring to the notice of the Court which issued the interim
direction the true facts without complying with the interim direction, can it be
said that there was willful or deliberate violation of the interim order? In my
opinion, the answer should be in the negative.

………..To illustrate, when the Court gives a direction not to demolish a

structure, the authority to which such an order was directed, cannot violate
the same by demolishing the structure even if it is fully satisfied that the
party has secured the order by misleading the court or suppressing the
material facts, because by postponing the act of demolition for some time, no
prejudice is caused to public interest. But in cases where positive directions
are given to do a particular act, as in the present case, the consideration
would differ. Indeed, the Supreme Court in State of Jammu and Kashmir Vs.
Mohd. Yaqoob Khan (13) (1992) 4 SCC 167 has recognized such a distinction.
In that case, the High Court gave interim direction for delivering half quantity
of timber as per the decree passed by the Civil Court. Granting the said ex

231
parte interim direction on 19.03.1990, the High Court has fixed second week
of May 1990 as the date for further hearing. In the meantime, the petitioner
therein has filed Contempt Case alleging contempt for not delivering the
timber as directed by the Court. The contempt proceedings initiated by the
High Court were challenged before the Supreme Court. While quashing the
proceedings, the Supreme Court has drawn a distinction between a case in
which an interim order in the nature of restraint order forbidding taking any
further step has been made and case where a direction to do something in
pursuance of the interim orders has been made. The Supreme Court on the
facts of the said case felt that when the vacate-stay petition was filed, the
High Court ought to have first decided the same before proceeding with the
Contempt Case.

IV. The Hon’ble High Court of A.P., in P.R.Naidu, Vice-Chancellor, Sri

Krishna Devaraya University, Anantapur Vs. D.Chandra Mouli Reddy,
reported in 1999 (4) ALT 434 (DB) has clarified the word ‘consider’ used
in the orders passed by the Courts, which is extracted below:-

“…….. It is noticed that in number of cases orders are being passed, be

it by this Court or by the Administrative Tribunal to consider the cases of the
petitioners approaching with complaints that their cases have not been
considered. There, word ‘consider’ cannot be equated as adjudication of the
right of the petitioner. It is not even a mandate to the authority receiving the
directions to allow the claim of the petitioner straightaway. The direction ‘to
consider’ has to be construed as a duty cast upon the authority receiving the
said direction to dispose of the claim made by the petitioner in the light of the
rules governing the situation and also subject to the eligibility of the claimant
to such a claim. The authorities should take note of this factor, as some
times, they are misconstruing the direction ‘to consider’ as a mandate by a
judicial authority to allow the claim of the petitioner straightaway regardless
of the rule position or the eligibility.”

V. The Hon’ble Supreme Court of India in Anil Kumar Sahi Vs. Prof.
Ram Sevak Yadav (2008 (6) SLR 375) inter-alia held as follows:-
“ When the Court directs the authority to consider a matter in
accordance with law, it means that the matter should be considered to the
best of understanding by the authority and, therefore, a mere error of
judgment with regard to the legal position cannot constitute contempt of
Court. There is no willful disobedience if best efforts are made to comply with
the order”.

VI. The Hon’ble High Court of A.P. in their Order in the Contempt Case
No.590 of 2013 observed that it is to be noticed that as per Section 20 of
the Contempt of Courts Act, 1971, no Court shall initiate any proceedings for
contempt, either on its own motion or otherwise, after expiry of a period of
one year from the date on which the contempt is alleged to have been
committed.

The High Court has further observed in the said order that when there
is an order passed by this Court on 9.04.2011 with the direction to the
respondents for preparation of final seniority lists of Dy.CTOs within a period
of two months, the cause of action for filing of Contempt Case would arise
immediately on expiry of said period of two months. In that view of the
matter, this Contempt Case is barred by limitation as per Section 20 of the
Contempt of Courts Act, 1971.

232
6. In the above circumstances, it is needless to mention that the stay
vacation petition shall be filed along with detailed counter by the concerned
respondents immediately upon receipt of interim directions, if any, from the
Hon’ble Courts. A specific request may be made to the concerned Government
Pleaders to bring the above legal position to the notice of the Hon’ble Courts
at the time of hearing of contempt cases in order to avoid any embarrassing
position to the Government.

7. All the Departments of Secretariat/Heads of Departments are therefore

requested to note the above legal position and important case laws and take
immediate necessary action to file Vacate Stay Petition along with detailed
counters in all such cases and if required to file appeal.

8. They are also requested to furnish the information about the filing of
Vacate Stay Petition, detailed counter etc. to GA(DPC) Department while
sending DPC / Screening Committee proposals for preparation of panels for
promotion to the 3rd level and above level Gazetted Posts.

Dr. P.K. MOHANTY,

CHIEF SECRETARY TO GOVERNMENT.

To
All the Departments of Secretariat.
All the Head of Departments.
All Govt. Pleaders in Hon’ble AP High Court and the AP Administrative Tribunal.
Copy to:
P.S. to Chief Secretary to Government.
P.S to Secretary (Ser. & HRM),General Administration Department.
SF/SC

// FORWARDED :: BY ORDER //

SECTION OFFICER

233
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

U.O. NOTE NO.21856/DPC.I/2013-1, DATED: 25-7-2013

Sub: GA (DPC) Deptt., - Proposals for preparation of panels for

promotion to the post of 3rd level Gazetted and above posts in
the Departments of the Secretariat – Certain instructions-
Regarding.

Ref: U.O. Note No.29396.A/DPC.I/2012-1, GA (DPC.I) Deptt.,

Dt.11.9.2012.

-ooOoo-

The attention of all the Departments of the Secretariat is invited to the

reference cited wherein instructions have been issued for preparation of
panels for promotion to the post of 3rd level Gazetted and above posts. The
attention of the Departments is also invited to the para 5 (a), 5 (l) and 5 (m).
In spite of the clear instructions, certain Departments are furnishing the
proposals last minute in the month ending citing that certain officers shown in
the seniority list are retiring in the same month and pressing the GA (DPC)
Deptt., for preparation of panels which is becoming difficult to scrutinize the
proposals keeping in view the General Rules and Special Rules that may be
applicable to the Departments / Posts concerned.

2. All the Departments are therefore requested to furnish the proposals

well in advance i.e., atleast one month in advance as per the instructions
issued in the reference cited above.

B. VENKATESWARA RAO,
SECRETARY TO GOVERNMENT (SER.).

To
All the Departments of the Secretariat.

// FORWARDED :: BY ORDER //

SECTION OFFICER

234
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

U.O.Note No.29692-A/DPC.I/2013-1 Dated:18-10-2013

Sub: DPC - Convening of (a) DPC Meetings for Heads of

Departments (Non-Cadre); (b) DPC Meetings for fourth level
Gazetted and above officers; and (c) Screening Committee
Meetings for third level Gazetted Officers – Panel year
2013-14 - Proposals - Called for - Earlier instructions
reiterated - Reg.

Ref: 1) U.O. Note No:17290/DPC.I/2011-1, GA (DPC.I)

Department, Dated 9-06-2011.
2) Circular Memo.No.29381-B/DPC.I/2011-1, GA(DPC.I)
Department, Dated 3-10-2011.
3) U.O.Note No:29396.A/DPC.I/2012-1, GA (DPC-I)
Department, dated 11-09-2012.
4) U.O.Note No:14351.A/DPC.II/2013-1, GA (DPC.II)
Department, dated 23-05-2013.
5) Circular Memo.No:15906.A/DPC.I/2013-1, GA (DPC.I)
Department, dated 17-06-2013.

-ooOoo-

Instructions were issued from time to time in each panel year so as to

enable the departments of Secretariat to furnish DPC / Screening Committee
proposals for speedy conduct of DPC / Screening Committee Meetings. It was
experienced during the panel year 2012-13 that a large number of proposals
were received in the months of June to August and in some cases, the
proposals were received after 15-08-2013. The bunching of proposals towards
the end of panel year is resulting in rushing through the proceedings without
adequate scrutiny of the relevant records. Therefore, the departments are
advised to send proposals for the panel year 2013-14 well in advance for
timely convening of DPC / Screening Committee Meetings. The Departments
shall furnish the proposals at the beginning of panel year ie., in the month of
September.

2. Panels preparation for the year 2013-14:

As the Departments are aware that the panel year 2013-14 has started from
01-09-2013, it is felt necessary to reiterate the earlier instructions and also to
mention certain important points which may be followed for convening of
DPC / Screening Committee meetings well in advance.

3. Proposals should be sent in full shape:

In this context, it is to be stated that the proposals received from some of the
departments are either in incomplete shape or defective, despite clear
instructions issued in U.O. Notes cited above and therefore, GA (DPC)
Department had to return the proposals to the respective departments for
rectification. As a result, there is delay in convening DPC meetings.

235
4. Updating of ACRs:

It is also observed that one of the reasons attributed for not submitting
proposals for DPC / Screening Committee meeting by the Departments
concerned is that non-availability of ACRs of the eligible officers on hand as
on the date of starting of panel year, despite stipulation of rules that the ACRs
of the officers have to be initiated in the month of April for the preceding
financial year by the Reporting Officers every year. All the Secretariat
Departments / Heads of Departments are, therefore, requested to ensure that
the ACRs are kept ready well before the panel year starts. They are requested
to furnish the performance of the individuals in the proforma prescribed in the
U.O.Note 1st cited alongwith original ACRs for the last five years ie., from
2008-09 to 2012-13.

5. The following points shall be noted while preparing the Note for DPC /
Screening Committee:

a) The panel year for 2013-14 commenced on 01-09-2013; the qualifying

date for the panel year 2013-14 is 01-09-2013; and the vacancies in
the panel should be the vacancies arise from 01-09-2013 to 31-8-2014
only, as per Rule 6(b) of APS&SS Rules, 1996. The vacancy position
may be sent to GA (DPC) Department in the proposals, as early as
possible. If vacancies are not available for the panel year 2013-14, the
appointing authority has to take action as per para 6(b)(i) of APS&SS
Rules, 1996. Retirement vacancies those are arising on 31-08-2014
shall not be counted for estimation of vacancies for the present panel
year 2013-14 and such vacancies will be counted for the next panel
year i.e., 2014-15.

b) DPC/Screening Committee Note, Proforma, Seniority List of the officers

etc., and Court orders/G.Os/References thereon and the decision taken
by the Department thereon, as per G.O.Ms.No.187, GA (Ser.B)
Department, dt.25-04-1985, should be clearly indicated at appropriate
place.

c) Particulars of disciplinary cases against the officers like charges,

punishments, criminal cases etc., and Court orders/G.Os/ References
thereon, indicating the latest stage and the decision taken by the
Department thereon, should be clearly indicated at appropriate place
as per the instructions issued in the reference 4th cited.

d) In some cases, courts are issuing directions suspending or setting

aside the disciplinary proceedings / punishments against officers
figuring in the zone of consideration or issuing directions to consider
the names of charged officers without reference to charge memo
/orders for promotion. In some cases, the Departments are not filing
counter affidavit or stay vacate petitions against the Interim Orders
passed long back by the Courts, which is not correct. The
Departments are therefore requested to follow the instructions issued
in the reference 5th cited in this regard.

236
e) ACRs for the years from 2008-09 to 2012-13 in the prescribed
proforma illustrated in reference 1st cited, with counter signature and
official stamp in respect of all the officers who come within the zone of
consideration should be furnished with the proposals. The
Departments have to furnish the ACRs of all the individuals shown in
the seniority list including those who are facing charges or involved in
disciplinary proceedings. The Departments have to furnish old ACRs of
persons who are on long leave and also furnish Non Initiation
Certificate for the leave period. Further, the ACRs of the individuals for
the year 2011-12 onwards should be in the modified format as issued
in the G.O.Ms.No.580, GA (Ser.C) Deptt., Dt.12-10-2011.

f) The Department has to specify the cadre strength, number of persons

working against the cadre strength in the Department, number of
persons working on deputation in the same cadre duly furnishing the
reasons and also inform whether Finance Department agreed to such
proposals. In case of deputation vacancies, Government orders
allowing such deputations should be enclosed to the proposals. The
Departments have to specify whether the officers working on
deputation are approved probationers or deemed to be approved
probationers or not.

g) Zone of consideration for promotion is 1:3 and where rule of

reservation in promotions for SC/ST/DA candidates is applicable, the
restriction of zone of consideration of 1:3 shall not be applicable.

h) The Departments are also informed that minimum service in the feeder
category for promotion shall not be relaxed. However, where it is
necessary in the public interest to fill emergently the vacancies, the
appointing authority may invoke Rule 10 (a) of APS&SS Rules, 1996 in
case of officers who are approved probationers or deemed to be
approved probationers as on 01-09-2013 only and orders should be
issued in the form of G.O., and copies of the same should be enclosed
to the proposals. Under no circumstances the relaxation of rules or
invocation of Rule 10(a) shall be resorted to the officers who are not
approved probationers as on qualifying date i.e., 01-09-2013.

i) DPC / Screening Committee proposals should be in the name of the

Secretary/ Principal Secretary/Special Chief Secretary to Government
of the Administrative Departments concerned and should be attested
by an officer not below the rank of Deputy Secretary to Government.

j) Statement showing the vacancy position with justification and date,

keeping in view the G.O.Ms.No.154, SW (ROR) Dept., dt.30-07-2008,
should be enclosed to the proposals.

k) Copy of the proceedings of the previous panel and extract from Roster
Point Register in respect of previous panel (where ROR is applicable)
should be enclosed to the proposal.

l) The Department has to furnish the proposals atleast one month in

advance so as to enable the GA (DPC) Department to scrutinise the
proposals and place before the DPC / Screening Committee.

237
 m) The Departments have to ensure that the DPC proposals are processed
and furnished to the DPC ordinarily in the month of September for
preparation of panels for promotion. If there is any administrative
exigency in view of the court cases / orders etc., in the last month of
panel year, i.e., August 2014, the Departments concerned have to
obtain permission of the Chief Secretary to Govt., and then furnish
proposals to GA (DPC) Department. Otherwise proposals will not be
received by the G.A.(DPC) Department for placing before the
respective Committees.

n) In some cases, the Departments are furnishing the proposals wherein

certain officers were charged or facing disciplinary proceedings, but by
the time of DPC / Screening Committee meetings, the Departments
are informing that the said charges are dropped. In such cases, the
Departments are requested to furnish fresh proposal duly
incorporating the latest position.

o) It is necessary that the Spl. Chief Secretary / Principal Secretary /

Secretary to Govt., of the Department concerned and Head of the
Department attend the DPC / Screening Committee meetings. If they
are unable to attend the meetings, the same has to be intimated to
the Chairman of the Committee and permission taken for
postponement of the scheduled meeting as per the instruction issued
vide reference 2nd cited.

p) DPC / Screening Committee proceedings may be approved and

published as panel, as early as possible, preferably within 15 days
from the date of issue of DPC / Screening Committee Proceedings.
Further, the Departments are informed that the recommendations of
the DPC / Screening Committee shall be approved and orders should
be issued on or before 31-08-2014 so that the panel can be operated
till 31-12-2014 or till a new panel is prepared whichever is earlier.

6. All the Departments of Secretariat are also requested to adhere to the

instructions issued from time to time in the matter, consult the Heads of
Departments wherever necessary and furnish the DPC / Screening Committee
proposals in six sets through an U.O.Note, as early as possible keeping in
view the above guidelines for taking necessary action to place the same
before the Departmental Promotion Committees / Screening Committees for
preparation of panels for the panel year 2013-14.

Dr.P.K.MOHANTY
CHIEF SECRETARY TO GOVERNMENT
To
All Special Chief Secretaries / Principal Secretaries /
Secretaries to Govt., Departments of Secretariat.
Copy to:
The PS to Chief Secretary to Government.
The PS to Secretary to Government (Ser), GAD.
The GA (SC.F) Department./The GA (Ser.D) Department.
SF/SCs
//FORWARDED :: BY ORDER//
Section officer

238
 GOVERNMENT OF ANDHRA PRADESH
LAW (G) DEPARTMENT

Circular Memorandum No:1280/230/G/2014 Dated 11-11-2014

Sub: Establishment – Law Department – Court Cases – Instructions

to be issued to the officers to deal with the matters in an
effective manner – Regarding.

Ref: Lr.No:250/2014 from the learned Advocate-General for the

State of Andhra Pradesh, Dated 20-10-2014.

-ooOoo-

The attention of all the Departments of the Andhra Pradesh Secretariat

are invited to the reference cited in which the learned Advocate-General has
requested the Government to inform the following instructions to all the
Officers who are dealt with the court cases.

(1) The moment an adverse order is passed against the State by

the Court, let the officer concerned be responsible for
contacting the learned Government Pleader for preferring an
Appeal at once. He has noticed that by the time the Appeals
are filed, there is inordinate delay which needs to be avoided in
respect of all matters, namely filing of Writ Petitions and Civil
Appeals, etc.

(2) Wherever there is a direction from the Court to consider a

particular representation, the Officers concerned must be
instructed to consider the same by giving the reasons. The
Hon’ble Constitutional Courts have held that an order without a
reason is a voidable order. This can be avoided if some reason
is given in the event the representation is rejected as a sequel
to the direction of the court.

(3) In all contempt cases, the Officer concerned has to be present

before the Court if the Order is made for his/her appearance.
In the event, if the Officer is unable to attend the Court on that
particular day (for sufficient cause), the Officer has to contact
the learned Government Pleader at least two days in advance
so as to prepare and file an application along with an affidavit
explaining the reasons for dispensing his/her personal
appearance. Normally the Courts are unwilling to dispense with
the presence without an application and the application made
by the Contemnor, should be before the date fixed for his/her
appearance in the notice.

(4) In all the cases, the concerned Officers to apprise the

concerned Government Pleader with para-wise remarks so that
Counters can be prepared at the earliest.

239
2. All the Departments of Secretariat are therefore requested to
communicate the above instructions to all the Heads of departments, who in
turn would instruct the officers concerned to comply with the said
instructions, so that a clean image of the State could be projected before
Hon’ble Courts.

3. The receipt of this Circular may be acknowledged.

T.NARAYANA REDDY,
Secretary (FAC),
Law Department.

To
All the Departments of Secretariat.
Copy to:
1) The P.S. to the Chief Secretary to Government, A.P.Secretariat,
Hyderabad.
2) O/o the Advocate-General, High Court Buildings, Hyderabad.
3) All Sections in Law Department.
SF/SC

240
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Court Cases – Reduction of pendency – Guidelines to handle the court cases -

Fixing the Responsibility for ineffective representation in courts -Orders -
Issued.
PANCHAYAT RAJ AND RURAL DEVELOPMENT (Mandal.I) DEPARTMENT

G.O.MS.No. 143 Dated 15-11-2014

Read the following:-

1. Govt Memo No. 7599/LSP/RL/L1/455/2000 dated 2.11.2000

2. G.O.Rt.No. 1646 Law (L) Dept Dated: 20.09.2012

-ooOoo-

ORDER:

There has been a steady rise in the number of court cases in

Panchayat Raj Department. The easy approach of competent authorities “Let
the court decide,” without any accountability have serious consequences on
the administration. Normally, the cases are filed before courts, whenever the
competent authority fails to discharge its duties according to the provisions of
Acts and Rules or Petitioners may misrepresent the facts and provisions of
rules to get undue advantage. The nature of each case in service matters
range from charges framed and consequential denial of promotions, seniority
issues, relaxation of service qualifications and regularization of services in
different categories. In Panchayat Raj Institutions, the issues relate to levy of
taxes, usufructs rights, site disputes for infrastructure constructions under
different Schemes and election related disputes.

2. Government felt that a prompt and adequate response with the

required reasons to the representations and legal notices received by the
offices concerned will relieve the Government and its instrumentalities from
defending avoidable litigation resulting in saving of valuable time of the
Courts, functionaries of Government and funds of the public exchequer.

3. It is also noticed that the competent authority fails to exercise their

jurisdiction as per the existing rules and regulations and also submits the
proposals to higher authorities without any justification. While preparing the
para-wise remarks instead of rejecting the unjustified pleas of the applicants,
they simply mentioned in the counter affidavits that the proposal is pending
with the Government and in fact most of the instances, these cases are not at
all pending with Government. This tendency needs to be corrected with all
seriousness and should be construed that they purposefully mention these
irresponsible statements in counter affidavits to do undue favour to the
applicants/ petitioners by suppressing the facts. In certain situations, the
cases are disposed off without availing its option of effective representation
before the Court by the competent authority. The lack of timely and
appropriate response results in the cases disposed off ex parte; to the
disadvantage of Government and local bodies.

4. The competent authorities should either implement the judgments of

the Court or file an appeal petition in Higher Courts, if it is not acceptable to
them. But they should not keep quiet on the pretext that its implementation

241
will be in violation of rules or Government is alone competent authority to
implement such orders. Sometimes the department is caught totally unaware
till they get contempt notice. In some cases, personal appearance of higher
officials is being ordered by the Courts. One of the important reasons for the
pendency of court cases is the fact that timelines are not adhered to at
various stages of court cases. There is also lack of effective coordination and
monitoring system to deal with in an effective manner.

5. CAUSES OF PENDENCY:

The major reasons for pendency which are identified as follows:

a) Late receipt of petitioner’s affidavit from the Court/Tribunal;

b) Late submission of draft para-wise remarks to the Government

Pleader by the main respondent and also not enclosing the
supporting documents and material along with draft para-wise
remarks;

c) Delay in approving the para-wise remarks by the Government

Pleader (GP) and prepare draft Counter Affidavit;

d) The Competent authority is not able to devote enough time and

attention to the details of case;

e) Lower level staff being not fully competent in preparing para-wise

remarks;

f) Delays if Government Pleader office if approved and filing of

counter affidavit;

6. GUIDELINES IN HANDLING THE COURT CASES:

Government after careful examination of the entire issue, hereby

direct that to follow the guidelines issued hereunder in order to handle the
court cases effectively and to minimize the litigation in the department.

A. FILING THE COUNTERS WITHIN THE STIPULATED TIME:

Most of the cases, Government is made first Respondent even though

the matter is exclusively related to a particular Panchyat Raj Institution or
other offices on a routine manner. Hence the officer concerned should see
whether the petitioner challenged the Govt Order or orders of subordinate
offices or Institutions.

If the government policy or direction is challenged, the officer

concerned should submit his proposal explaining the factual information
relating to the case to the Government so as to enable the Government to file
the counter in the case.

If the orders of the Panchayat Raj Institutions or other office under the
control of this department are challenged, then the respective office should
file counter affidavit on behalf of the Government also without waiting
instructions from the Government.

242
B. PREPARING PARAWISE REMARKS/ DRAFT COUNTERS:

While preparing the draft counters the following points should be

checked to ensure filing proper counter affidavit in the case:

i. Check whether the WP/OA was filed within the limitation period
as per the relevant rules prescribed by the High
Court/Administrative Tribunal;

ii. Check whether the doctrine of Res judicata i.e. whether the
applicant has challenged the same identical issues before any
court of law, applies in a given case;

iii. Check whether the applicant availed of all the remedies available
to him under the relevant Service Rules as to redressal of
grievances. If not, mention the same in the counter affidavit that
the petitioner/applicant has violated the A.P. C.S.(Conduct Rules)
1964;

iv. Check whether the para-wise remarks are expressed in brevity

and precise without repetition and prolonging with unnecessary
things;

v. Check whether the para-wise remarks focused on the core issues

involved in the litigation and address them squarely;

vi. Check when the prayer made by applicant is not in accordance

with the rules; oppose unjustified prayer in draft counter affidavit
duly explaining the rule position/relevant statute instead of giving
routine reply that “the proposal is pending with Government”.

vii. Each averment made by the petitioner/applicant should be

traversed with reference to the provisions of the Statute, Rules,
Regulations made there under;

viii. Check whether the settled law is quoted in the draft counter
wherever necessary;

ix. Check whether all the support documents are enclosed along with
the draft counter affidavit, before sending to concerned GP;

C. STEPS FOR AVOIDING CONTEMPT PROCEEDINGS:

i. On receipt of the final judgment or interim orders, the competent

authority shall examine the facts and circumstances of the case,
the likely effects of the judgment and also its implication in future
and take a view as to whether it would be appropriate to
implement the order or file a review against the order.

ii. Take all necessary steps to implement the same if it can be

implemented as per rules within the time, as directed in the
order;

243
 iii. Seek extension of time, before expiry of the time limit ordered,
for implementation in cases where it can be implemented, but
the time allowed is not sufficient;

iv. Obtain clarification from the Law Officers or by filing a suitable

petition for clarification before the appropriate forum wherever
necessary, in cases of doubt, in consultation with the concerned
Law Officers;

v. File Vacate Stay Petition, whenever considered necessary along

with the counter as expeditiously as possible;

vi. File a review in appropriate cases where either mistake of fact or

mistake of law is noticed within 30 days;

vii. File an appeal wherever necessary before the appellate forum

along with prayer for stay / suspension / modification of the
order appealed against within 90 days;

D. FILING COUNTERS BY GOVT. PLEADERS/STANDING COUNSELS:

i. The Government Pleaders/Standing Counsels should prepare

draft counter based on the para-wise remarks submitted by the
respective office within two weeks and return it to the concerned
for approval and submitting fair counter. Government Pleaders
are fully responsible for approval of draft affidavits within the
above time frame;

ii. Soon after receipt of the fair counter affidavit from the respective
offices, the Government Pleader/Standing Counsel should check
the fair counter and file it in the court immediately. Necessary
action will be initiated against the defaulting Govt.
Pleaders/Standing Counsels through Law Department.

iii. In accordance with the Govt Memo 1st read above, it is the
primary duty of the Government Pleader to apply to the court on
the very date of delivery of judgment for a copy of the judgment
and to forward such copy to the Government without delay in
every cases conducted by him in which the decision is adverse to
the Government. While forwarding a copy of the judgment he
shall inform the date before which further action, if any, should
be taken and offer his views as to the advisability of appealing
against the adverse judgment of the court to safeguard the
interest of the Government.

E. REVIEW OF PENDING CASES:

i) All court cases shall be monitored with the help of OLCMS

computer package developed by the Centre for Good
Governance;

ii) At the District level, the court cases shall be reviewed in the 1 st
week of every month in the offices of Chief Executive Officer of
ZPP, Superintendent Engineers, Panchayat Raj Engineering and

244
 Rural Water Supply Departments and District Panchayat Officer.
While conducting review, the Cases shall be grouped and
categorized such as ACB cases, service matters, V&E cases, site
disputes for infrastructure constructions, levy of taxes, usufructs
rights, Cases filed by contractors, etc.,. The CPR&RE and ENC
(PR) and RWS&S should evolve suitable standard formats in this
regard to facilitate the review;

iii) The review should also be focused to identify areas of litigation

and find out reasons why do we get more number of court cases
on particular issue and find out remedial measures to reduce the
litigation in the department;

iv) The best approach in addressing the pendency of court cases

especially on service matters is the competent authority directly
interact with aggrieved persons and ensure effective dispensation
of grievances and disputes at their level by properly interpreting
the existing rules and regulations instead of referring every small
matters to the Government;

v) It will be the responsibility of reviewing authority to see whether

the litigation can be avoided. If litigation cannot be avoided, then
alternative dispute resolution methods like mediation must be
considered. Section 89 of the Code of Civil Procedure must be
resorted to extensively.

vi) After considering the above aspects, the district heads should
send the list of court cases to the respective Heads of
Department in the second week of every month with their specific
remarks on the pendency of cases;

vii) The Heads of Department should review the cases and furnish
the list of all pending cases in the third week of every month
along with their specific recommendations on policy initiatives, if
any required to reduce the litigation on specific issues;

F. ACCOUNTABILITY OF THE OFFICERS/STAFF CONCERNED:

Accountability of competent authority is the touch-stone in handling

the court cases. Accountability will be at various levels especially at the level
of officers in charge of litigation, those responsible for defending cases.

i. The officer who is responsible for litigation, failed to settle the

issue in the normal course must be identified and suitable
disciplinary action should be initiated against the concerned for
not discharging his/her responsibility;

ii. The Officer/staff concerned who fails to take proper action on the
court direction leading to contempt proceedings or fails to follow
the above guidelines should be identified and disciplinary action
should be initiated against them. Complacency must be
eliminated in handling the court cases.

245
G. TRAINING TO ALL OFFICERS ON COURT MATTERS:

All the officers who are handling the court cases in Panchayat Raj
Department, Panchayat Raj Engineering Department and Rural Water Supply
& Sanitation Department shall be trained to handle the legal cases in an
effective manner.

The Commissioner, AMR-APARD is requested to prepare suitable

training module to train the staff and officers in the department. The
Commissioner, Panchayat Raj and Rural Employment, Engineer-in-Chiefs of
Panchayat Raj Engineering and Rural Water Supply & Sanitation Departments
are requested to take necessary action to follow the above guidelines.

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

DR.K.S.JAWAHAR REDDY
SECRETARY TO GOVERNMENT (PR)

To
The Commissioner, Panchayat Raj and Rural Employment, A.P. Himayatnagar,
Hyderabad
The Engineer-in-Chief, Panchayat Raj Engineering Department, A.P,
Hyderabad.
The Engineer-in-Chief, Rural Water Supply & Sanitation Department, A.P.
Hyderabad
The Commissioner, AMR-A.P. Academy of Rural Development, Rajendranagar,
Hyderabad.
Government Pleaders for Panchayat Raj Department (AP), APAT, Hyderabad.
Government Pleaders for Panchayat Raj Department (AP), High Court,
Hyderabad.
All Standing Counsels of Panchayat Raj Institutions in High Court/APAT (AP),
Hyderabad.
Copy to
Office of Advocate General (A.P.), High Court, Hyderabad
All Chief Executive Officers of ZPP in the state
All Superintending Engineers of PR Engineering Department
All Superintending Engineers of Rural Water Supply & Sanitation Department
All District Panchayat Officers in the State
Law Department.
SC/SF

//FORWARDED::BY ORDER//
SECTION OFFICER

246
 Government of Andhra Pradesh
Law (G) Department

Circular Memo.No.709/363/G/2015 Dated 19-03-2015

Sub: Suits – filing of Caveat Petitions in the High Court – Issue of

certain instruction to the Officers – Regarding.

Ref: Letter No:122/2015 from the learned Advocate-General for the

State of Andhra Pradesh, dated 04-03-205.

-ooOoo-

In the reference read above, the learned Advocate General has stated
that a large number of requisitions are received by the Law Officer in the
Hon’ble High Court from various departmental Heads requesting to file Caveat
Petitions in Writ petitions that may be filed by the affected parties against the
Government. The Writ proceeding rules formed by the High Court stipulates
prior service of papers in the petitions presented against the Government and
Government Pleader’s Office. Rule 7(a) of Writ rules is extracted below:

“7(a) Whenever a petition or application is presented against

the Government, or any authority, the copies of the petition,
application and the accompanying affidavit and documents shall
be served on the Government Pleader or the Standing Counsel
concerned, and the said petition or the application shall not be
accepted in the Registry unless it contains an endorsement of
Counsel concerned, or by the Secretary of the Government
Pleader’s Office or by some authorized by him in this behalf,
not below the rank of a Superintendent, or by a Registered
Clerks of the Standing Counsel concerned, as the case may be,
or by a person authorized by the Standing Counsel concerned
under intimation to this Registry”.

2. In view of the above rule, there is no need or necessity to file Caveat

petitions in the Writ Petitions. Therefore, all the Departments of Secretariat
are requested not to send any proposals to file Caveat Petitions in Writ
Petitions. They are also requested to furnish detailed information in advance
to the concerned Government Pleaders’ office in the case where they have are
apprehending that affected persons may approach the High Court by way of
Writ Petition.

3. All the departments of Secretariat are further requested to

communicate the above instructions to all the Departmental Heads/HoDs/
District Collectors etc., to comply with the said instructions.

I.Y.R.KRISHNA RAO,
CHIEF SECRETARY TO GOVERNMENT.
To
All the Departments of Secretariat.
Copy to: 1) The PS to the Chief Secretary to Government, A.P.Secretariat,
Hyderabad.
2) Office of the Advocate-General, High Court Buildings, Hyderabad.

247
3) All Sections in Law Department
SF/SC

//Forwarded::By order//

SECTION OFFICER

248
21. CONFIRMATION: (a) Confirmation of a member of service :- As
soon as a person appointed initially in a service or class of a service is
declared to have satisfactorily completed his probation or deemed to have
satisfactorily completed his probation, he shall be confirmed as a member of
that service, by the appointing authority.

The seniority of the person shall however be regulated in terms of rule

33 of these rules.

Explanation :-

(1) For the purpose of the rule “appointed initially” means appointment of a
person for the first time to any post in the civil service in the State or Civil
post in the service of the State of Andhra Pradesh.

(2) A member of a service or a class of a service shall be confirmed in such

service or class of a service irrespective of whether there is a permanent or
substantive post or vacancy available in that service.

(3) A person appointed to a Government service shall be confirmed in any

service, only once during his service in Government at the entry grade,
irrespective of whether subsequently he is promoted within the same service
or appointment by transfer to some other service or class of service, from
time to time.

(b) A person confirmed in a particular category, class or service shall not be

confirmed in any other category, class or service.

255
Rule-30(e) of A.P.State and Subordinate Service Rules, 1996

Where a member of a service is selected for appointment by direct

recruitment to another post, category or class in the same or different service
and is appointed to it, his lien on the service or his probationary right, if any,
in the post of the service under the State Government, which he was holding
prior to such appointment by direct recruitment, shall be retained for a period
of three years or until he becomes an approved probationer in the post,
category or class in the same or different service of this State Government, to
which he has been selected, whichever is earlier; and if before the expiry of
three years he is not an approved probationer in the post to which he was
selected for appointment by direct recruitment, in the same or different
service of the Government, unless he reverts to the parent Department, he
shall be deemed to have resigned from the service of which he was a member
prior to such appointment by direct recruitment with effect from the date on
which the three years period expires.

Provided that nothing in this sub-rule shall affect the benefits accrued
to such member of a service or services in the previous post or posts, except
the lien or probationary right, as the case may be, on such post or posts.

Provided further that where a member of a service is selected for

appointment by direct recruitment to a post under the service of the
Government of India or any other State Government, his lien on a post or
probationary right, if any, in the State Government shall be retained for a
period of three years or until he becomes an approved probationer in the
service of the Government of India as the case may be, whichever is earlier,
and if before the expiry of three years he is not an approved probationer in
any post under the service of that other Government as the case may be,
unless he reverts to the services of the State Government, he shall be
deemed to have resigned from the service of which he was a member prior to
such appointment by direct recruitment, with effect from the date on which
the three years period expires.

256
 FUNDAMENTAL RULES 12-15

12.(a) Two or more Government servants cannot be appointed substantively to

the same permanent post at the same time.

(b) A Government servant cannot be appointed substantively except as a

temporary measure, to two or more permanent posts at the same
time.

(c) A Government servant cannot be appointed substantively to a post on

which another Government servant holds a lien.

12-A. Unless in any case it be otherwise provided in these rules a

Government servant on substantive appointment to any permanent post
acquires a lien on that post and ceases to hold any lien previously acquired on
any other post.

13. Unless his lien is suspended under Rule 14 or transferred under Rule
14-B, a Government servant holding substantively a permanent post retains a
lien on that post-

(a) while performing the duties of that post;

(b) while on foreign service, or holding a temporary post, or

officiating in another post;

(c) during joining time on transfer to another post; unless he is

transferred substantively to a post on lower pay, in which case
his lien is transferred to the new post from the date on which
he is relieved of his duties in the old post;

1
(d) (- - - -) While on leave other than refused leave granted after
the date of compulsory retirement under Rule 86, or Rule 7 of
Andhra Pradesh Leave Rules, 1933, and

(e) while under suspension.

Note:- If service during any completed year of service was rendered

partly in superior post and partly in last grade, the half pay
leave should be calculated on a PRO-RATA basis separately in
respect of superior service and last grade service and then
added up. The fraction if any, present in the total half pay
leave for the particular year should be ignored if it is less than
half and reckoned as one day if it is half or more.

---------------------------------------------------------------------------------------

1
Omitted by G.O.Ms.No.384, Finance (FR.I) Dept, dated 6-10-1994.

257
 1
14. (a) [The State Government] shall suspend the lien of a Government
servant on a permanent post which he holds substantively if he is
appointed in a substantive capacity-
(1) to a tenure post, or
2
(2) Omitted
(3) Provisionally, to a post on which another Government servant
would hold a lien not been suspended under this rule.

(b) 1[The State Government] may, at its option, suspend the lien of a
Government servant on a permanent post which he holds
substantively if he is deputed out of India or transferred to foreign
service, or, in circumstances not covered by clause (a) of this rule,
2
is transferred in an officiating capacity to a post in another cadre,
and if in any of these cases there is reason to believe that he will
remain absent from the post on which he holds a lien for a period of
not less than three years;

(c) Notwithstanding anything contained in clause (a) or (b) of this rule, a

Government servant's lien on a tenure post may in no circumstances
be suspended. If he is appointed substantively to another
permanent post, his lien on the tenure post must be terminated;

(d) If a Government servant's lien on a post is suspended under clause

(a) or (b) of this rule, the post may be filled substantively and, the
Government servant appointed to hold it substantively shall acquire
a lien on it; provided that the arrangements shall be reversed as
soon as the suspended lien revives;

Note 1:- This clause applies if the post concerned is a post in a

selection grade of a cadre.

Note 2:- When a post is filled substantively under this clause the
appointment will be termed a provisional appointment; the
servant appointed will hold a provisional lien on the post;
and that lien will be liable to suspension under clause (a)
but not under clause (b) of this rule.

---------------------------------------------------------------------------------------
1
Substituted by G.O.Ms.No.12, Fin. & Plg.(FW:FR.I) Dept., dt.7-2-1995
2
Omitted by G.O.Ms.No.81, Finance, dated 20-4-1970.

258
 (e) 1[- - - - -] A Government servants’s lien which has been suspended
under clause (a) of this rule shall revive as soon as he ceases to hold
a lien on a post of the nature specified in 2sub-clause (1) or (3) of
that clause.

(f) A Government servant's lien which has been suspended under clause
(b) of this rule shall revive as soon as he ceases to be on deputation
out of India or on foreign service or to hold a post in another cadre,
provided that a suspended lien shall not revive because the
Government servant takes leave, if there is reason to believe that he
will, on return from leave, continue to be on deputation out of India
or on foreign service or to hold a post in another cadre and the total
period of absence on duty will not fall short of three years or that he
will hold substantively a post of the nature specified in 2sub-clause
(1) or (3) of clause (a).

Delegation under Rule 14 (b)

A Head of Department is empowered to suspend a lien in

respect of any post to which it or an authority subordinate to it can
appoint.

Instruction under Rule 14 (b)

The lien of an officer cannot be suspended while he is on

probation in another post. If the officer completes the period of
probation satisfactorily, suspension of lien may be made with
retrospective effect from the date on which the officer was transferred
to other duty, provided that the conditions in Rule 14(b) are otherwise
satisfied.

-------------------------------------------------------------------------------------
1
Omitted by G.O.Ms.No.384, Finance (FR.I) Department, dated 6-10-1994.
2
Substituted by G.O.Ms.No.81, Finance, dated 20-4-1970

259
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

FUNDAMENTAL RULES – Lien - Amendment to FR 14 – Orders – Issued

---------------------------------------------------------------------------------------
FINANCE (FR.I) DEPARTMENT

G.O. Ms. No. 144 dated: 19.05.2009

ORDER:

According to FR 12-A, a Government Servant will acquire a lien on his

appointment to a substantive post and ceases to hold any lien previously
acquired on any other post. Various situations have come to involve in which
a Government Servant’s lien on a substantive post is continued even though
he is not discharging the duties of that post.

2. According to FR 13, unless the lien of a Government Servant is

suspended under Rule 14, or transferred under Rule 14-B, a Government
servant holding substantively a permanent post retains a lien on that post in
the circumstances specified thereunder. The Head of the Department is
empowered to suspend the lien in respect of any post to which it or an
authority subordinate to it can appoint. Under FR 14-A, the lien of a
Government Servant cannot be terminated, if as a result of such termination
will leave the Government Servant without a lien or a suspended lien upon a
permanent post. FR 14, 14-A and 14-B, confer a right to employees to retain
their lien on a permanent post until the employee(s) acquire (s) lien on
another permanent post.

3. According to instructions issued by the General Admn. (Services) Dept.

under rule 21 of AP State and Subordinate Service Rules, a person
appointed to a Government Service shall be confirmed in any service, only
once during his service in the Government at the entry grade, regardless of
the fact whether there is a permanent or substantive post or vacancy
available in that service. Thus, a situation has been created under General
Rules that it is not at all required to confer full membership on each and
every post either on promotion or appointment by transfer, which is lacking
harmony to some extent with the provisions of FRs under which lien is
acquired only on substantive appointment to a post.

4. The Fundamental Rules, dealing with lien, partly display obsolescence

since the time they were framed in view of changed circumstances. This is
because in a majority of cases appointments are made only on temporary
basis which are subsequently regularized and probation declared. In such
cases, the individuals, as they are not appointed substantively, do not acquire
any lien on any post at all which is not contemplated under F.Rs.

5. During the DPC meeting held on 30-6-2007 in Finance Department,

the DPC members also observed that the lien in the parent department shall
be terminated as and when such individuals get next promotions or
probation is declared in the latter department so as to avoid inconvenience
while preparing the panels in their parent department.

263
6. Also different service rules provide for appointment by transfer from
other services. The persons appointed outside their regular line are continued
for years together outside their regular line while retaining all their rights in
the parent department even after getting promotions outside the regular line
on the ground that their lien in the parent department is continued as they
are not appointed substantively to the post outside the regular line. In many
cases, these candidates relinquish their promotions which results in lapse of
the quota earmarked under the relevant service rules to the detriment of the
persons in the regular line for no fault of theirs. Several departments are
experiencing difficulties in drawing panels for various categories of posts as
the rights of the persons outside the regular line have to be considered even
after their promotions outside their regular line. In some cases, the persons
outside the regular line got more than two promotions while their juniors in
the regular line are facing stagnation at lower levels. This is an unfair
situation conferring all benefits to few individuals while depriving the rights of
others. Hence, the need to review the concept of lien in its entirety and issue
a fresh set of instructions keeping in view the changed circumstances.

7. Therefore, Government after careful examination of the matter, have

decided to issue amendment to FR 14.

8. Accordingly, the following notification shall be published in the

extraordinary issue of the Andhra Pradesh Gazette.

NOTIFICATION
In exercise of the powers conferred by the proviso to article 309 of the
Constitution of India and of all other powers hereunto enabling, the Governor
of Andhra Pradesh hereby makes the following amendments to the
Fundamental Rules.

AMENDMENTS

In the said rules, (1) under FR 14 after clause-(f), the following shall
be added, namely,-

“(g) The Lien of (i) a Government employee, appointed

outside the regular line from the date of his relief; (ii) a
Government employee who resigned/are relieved from a
post to join in a different post to which he is selected by
direct recruitment, from the date of his resignation/relief
from the old post; and (iii) a Government employee who
is transferred from one department to another on
request or otherwise by way of departmental transfers
from the date of his relief shall stand automatically
suspended even if it is not mentioned in such orders and
such Govt. employees shall automatically acquire
provisional lien in the new departments, in which they
join”.

2. In FR 14-A after clause-(d) the following shall be added,

namely,-

“(e) The Lien of a Government employee, which was

automatically suspended from the date of his relief in the
parent department under clause (g) under FR-14 shall

264
 automatically get terminated in the parent department
on the date on which his probation is declared in the new
department or on the date on which his probation is
deemed to have been declared in the new department or
the date of his further promotion in the new department
which ever is later subject to a maximum period of three
(3) years”.

3. In FR 14-B, the following shall be added, namely,-

“Note-I: The Lien of a Government employee,

which was automatically terminated under clause (e)
under FR 14-A in the parent department shall
automatically be transferred to the new department from
that date.

Note-II: The existing employees who are working

in the departments other than parent departments shall
exercise option within two (2) months from the date of
issue of these orders and if no option is exercised within
two (2) months the employee is deemed to have opted to
continue in the other service and his lien in the parent
department shall automatically be terminated. However
after exercising the option within two (2) months they
may be allowed four (4) months to get relief from other
department and to join in parent department i.e. total six
(6) months time shall be allowed”.

9. These orders are available on internet and can be accessed at the

address http://www. goir.ap.gov.in.

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

Dr. SAMEER SHARMA

SECRETARY TO GOVERNMENT (FP)

To
All the Departments of Secretariat (10 copies each)
The Accountant General, Andhra Pradesh, Hyderabad (20 copies).
The Accountant General, Andhra Pradesh, Hyderabad (by name).
The Pay & Accounts Officer, Hyderabad.
The Secretary to Governor, Andhra Pradesh, Hyderabad.
All Secretaries to Government.
The Private Secretary to the Chief Minister and Private Secretaries to all
Ministers.
All the Heads of Departments (including Collectors and District Judges).
The Registrar, High Court of Andhra Pradesh, Hyderabad (with covering
letter).
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad (with
covering letter).
All the District Treasury Officers (with copies for Sub-Treasury Officers).

265
The Secretary, Andhra Pradesh GENCO/TRANSCO.
The General Manager, A.P. State Road Transport Corporation, Hyderabad (with
covering letter).
All District Educational Officers/All Principals of Junior Colleges.
All the District Development Officer, Zilla Praja Parishads.
All District Panchayat Officers.
All Mandal Development Officers.
All Secretaries of Zilla Grandhalaya Samsthas through Director of Public
Libraries, Hyderabad.
All Secretaries of Agricultural Market Committees through Director of
Marketing, A.P., Hyderabad.
All Commissioners/Special Officers of Municipalities.
All Recognised service Associations.
The Director, Government Printing Press, A.P. Hyderabad for publication in
the Andhra Pradesh Gazette.
Copy to the General Administration (Cabinet) Department.
Copy to the General Administration (SW) Department.
Copy to SF/S.Cs.

// FORWARDED :: BY ORDER //

SECTION OFFICER.

266
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

FUNDAMENTAL RULES – Lien Amendment to FR-14-Orders-Issued.

FINANCE (FR-I) DEPARTMENT

G.O.Ms.No. 127 Dt: 8-5-2012

Read the following:-

1. G.O.Ms.No.144, Finance (FR-I) Department, dt: 19-5-2009.

-ooOoo-

ORDER:-

The following notification will be published in the Andhra Pradesh

Gazette.

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 read

with Article 313 of the Constitution of India and of all the powers here-unto
enabling the Governor of Andhra Pradesh hereby makes the following
amendment to the Andhra Pradesh Fundamental Rules and Subsidiary Rules.

Amendment

In FR 14-A clause-(e) the following shall be substituted:-

“The lien of a Government employee, which was automatically

suspended from the date of his relief in the parent department under clause
(g) under FR-14 shall automatically get terminated in the parent department
on the date on which his probation is declared in the new department or on
the date on which his probation is deemed to have been declared in the new
department, or on the date on which he/she completes 3 years of service in
the new department, whichever is earlier”.

The orders issued shall be deemed to have come into force with
immediate effect.

These orders are available on Internet and can be accessed at the

address http://www.apfinance.gov.in and http://www.goir.ap.gov.in

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

Dr. D. SAMBASIVA RAO

PRINCIPAL SECRETARY TO GOVERNMENT (FP)

To
All the Departments of Secretariat.
The Accountant General. Andhra Pradesh, Hyderabad.
The Pay & Accounts Officer, Hyderabad.
The Secretary to Governor, Andhra Pradesh, Hyderabad.
All the Secretaries to Government.
The Private Secretary to the Chief Minister ane Private Secretaries

267
to all Ministers.
All the Heads of Departments (including Collectors and District Judges).
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.
All the District Treasury Officers.
The Secretary, Andhra Pradesh GENCO / TRANSCO
The General Manager, A.P. State Road Transport Corporation, Hyderabad.
All District Educational Officers / All Principals of Junior Colleges.
All the District Development Officer, Zilla Praja Parishads.
All District Panchayat Officers.
All Mandal Development Officers.
All Secretaries of Zilla Grandhalaya Samsthas through Director of Public
Libraries, Hyderabad.
All Secretaries of Agricultural Market Committees through Director of
Marketing A.P. Hyderabad.
All Commissioners / Special, Officers of Municipalities.
All Recognized service Associations.
The Director, Government Printing Press, A.P. Hyderabad for publication
in the Andhra Pradesh Gazette.
Copy to General Administration (Cabinet) Department.
Copy to the General Administration (SW) Department.
Copy to SHADOW FILE/S.Cs.

// FORWARDED:: BY ORDER //
SECTION OFFICER

268
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Examinations – Pass in Account Test for Subordinate Officers Part-I and II as

equivalent with a pass in Account Test for Executive Officer – Orders passed.
GENERAL ADMINISTRATION (SER.A) DEPARTMENT

G.O.Ms.No.1799 Dated 07-10-1965

Read:-

From the A.P.Public Service Commission, Letter No:1223-B/65,

dated 18-06-1965.

-ooOoo-

ORDER:-

The Government direct that Government Servants who have passed

Accounts Test for Subordinate Officers Part-I and II shall be exempt from
passing Account Tests for Executive Officers where such test is prescribed in
the Special Rules concerned.

2. Departments of Secretariat are requested to amend the provisions in

Special Rules with which they are concerned to the above effect.

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

K.N. ANANTARAMAN,
CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat (12 copies each)
All Heads of Departments including Collectors and District Judges.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad.
Copy to the Tribunal for Disciplinary Proceedings, Hyderabad.
Copy to all Services Sections in G.A.D.

//Forwarded::By order//

SECTION OFFICER

269
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Examinations – Special Departmental Tests – Concession of allowing the

annual grade increments in respect of employees who crossed the age of 45
years – Orders – Issued.
GENERAL ADMINISTRATION (SER.A) DEPARTMENT

G.O.Ms.No.475 Dated 20-09-1994

Read the following:-

1. G.O.Ms.No:1324, GA (Ser.C) Dept., dt:20-09-1964.

2. Govt.Memo.No:915/Ser.C/77-2, GA (Ser.C) Dept., dt:12-10-77.

-ooOoo-

ORDER:-

In the G.O. 1st read above, it was ordered that an employee may be
exempted for purposes of confirmation and increments on reaching the
prescribed age i.e., 45 or 40 years as the case may be from passing the
special, Departmental or Language Tests, for which the penalty prescribed in
the rules for failure to pass the test or tests is only stoppage of increments.

2. In the reference 2nd read above, it was clarified that wherever the
Special Rules provide for extension of the prescribed period of probation on
account of not passing Special/Departmental Tests, no exemption from
passing the said tests on the ground of age need ordinarily be granted.

3. The High Power Committee on employees demands submitted by Joint

Action Committee of Employees, Teachers and Workers of A.P.Secretariat Co-
ordination Committee, has recommended that the financial benefits like
increments to persons who crossed 45 years of age when they do not pass
the prescribed Tests may be allowed.

4. After careful consideration and in partial modification of orders issued

in the G.O. 1st read above, Government direct that where the Special Rules
prescribe passing of a test as a precondition for drawal of increments/
declaration of probation, the employees who crossed 45 years of age and if
they have not passed the prescribed Tests, the Annual Grade Increments may
be released.

5. The concession allowed in para 4 above, will not entitle the employee
to get eligibility for the Automatic Advance increment scheme where acquiring
qualification is a prerequisite or for promotion to next higher category for
which passing of the test is a prerequisite.

6. The Departments of Secretariat are requested to amend the Special

and Adhoc Rules with which they are concerned, suitably wherever necessary.

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

K. JAYABHARATH REDDY,
CHIEF SECRETARY TO GOVERNMENT.

270
To
All Departments of Secretariat (10 copies )
All Heads of Departments (10 copies).
The Secretary to Governor, Raj Bhavan, Hyderabad.
The Secretary to Chief Minister.
The P.S. to All other Ministers.
All Collectors & District Judges.
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad.
Copy to:
The GA (AR&T), (IC.II)/(V&E)/(Ser.Wel) Departments
The Law (E) Department
All Services Sections in General Administration Department.
SF/SC
//Forwarded::By order//

SECTION OFFICER

271
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Examinations – Passing of the Departmental Test/Special Tests – Exemption

from passing of Test prescribed in the Special Rules in respect of employees
who crossed 45 years of age – Orders – Issued.
GENERAL ADMINISTRATION (SER.A) DEPARTMENT

G.O.Ms.No.165 Dated 22-04-1997

Read the following:-

1. G.O.Ms.No:139, GA (Ser.C) Dept., dated 28-07-1993.

2. G.O.Ms.No:475, GA (Ser.C) Dept., dated 20-09-1994.
3. From the Secretary, Andhra Pradesh Public Service Commission,
Letter No:1503/RR/2/97, dated 17-04-1997.

-ooOoo-

ORDER:

In the G.O. first read above, orders were issued, interalia, to the effect
that employees appointed as on 1-11-1956 in the former Andhra State and
State of Hyderabad and allotted to the Government of Andhra Pradesh shall
be exempted from passing the Departmental Tests, if they have completed 45
years of age for promotion to higher categories.

2. In the G.O. second read above it was ordered that where the Special
Rules prescribe passing of a test as precondition for drawal of increments/
declaration of probation, for the employees who crossed 45 years of age and
if they have not passed the prescribed tests, the annual grade increments
may be released.

3. Representations have been made by several Non-Gazetted Officers’

organizations requesting that the condition of passing of Departmental Tests/
Special Tests may be removed in respect of employees who have crossed 45
years of age for getting one promotion.

4. Government have examined the aforesaid issue and it has been

decided that the Government employees who have crossed 45 years of age
be exempted from passing of Departmental Tests/Special Tests prescribed in
the Special Rules/Adhoc Rules for the purpose of promotion to the next higher
category only (i.e.) the promotion or appointment by transfer to a post above
the one held by him/her, if they could not pass the same.

5. The following notification will be published in the Andhra Pradesh

Gazette:

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India and all other powers hereunto enabling, the Governor of
Andhra Pradesh here by make the following Ad-hoc rule namely:-

272
 ADHOC RULE

Notwithstanding anything contained in Andhra Pradesh State and

Subordinate Service Rules or in the Special Rules or in adhoc Rules, the
Government employees who have crossed 45 years of age, shall be exempted
from passing the Departmental Tests prescribed in the Special Rules/adhoc
Rules for the purpose of promotion to the next higher category (i.e.)
promotion/appointment by transfer to a post above the one held by him/her if
they could not pass the same.

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

M.S. RAJAJEE,
CHIEF SECRETARY TO GOVERNMENT.

To
The Commissioner, Printing Stationery and Stores Purchase, Hyderabad. ( He
is requested to supply 50 copies of the Gazette Notification to this
Department)
All Departments of Secretariat (10 copies )
All Heads of Departments
The Secretary to Governor, Raj Bhavan, Hyderabad.
The Secretary to Chief Minister.
The P.Ss. to All other Ministers.
All Collectors & District Judges.
The Registrar, High Court of Andhra Pradesh, Hyderabad.
The Registrar, Andhra Pradesh Administrative Tribunal, Hyderabad.
The Secretary, Andhra Pradesh Public Service Commission, Hyderabad (10
copies)
Copy to:
The GA (Ser.Wel) Department.
The Law (E) Department
All Services Sections in General Administration Department.
SF/SC
//Forwarded::By order//

SECTION OFFICER

273
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

Circular Memo.No:49152/Ser.C/97-1 Dated 28-07-1997

Sub: P.S. – Passing of Departmental Tests/Special Tests –

Exemption from passing of test prescribed in Special rules in
respect of employees who crossed 45 years of age –
Clarification – Issued – Regarding.

Ref: 1. G.O.Ms.No:165, GA (Ser.C) Dept., dated 22-04-1997.

2. Representation from A.P. NGOs Association, dated
06-06-1997

-ooOoo-

In G.O.Ms.No:165, General Administration (Ser.C) Department, dated

22-04-1997 an adhoc rule was issued to exempt such of those employees
who have crossed 45 years of age from passing departmental tests/special
tests prescribed in the special rules/ adhoc rules for the purpose of promotion
to the next higher category i.e., promotion/appointment by transfer to a post
above the one held by him/her, if they could not pass the same.

The Andhra Pradesh Non-Gazetted Officers Association has requested

for clarification on certain points in respect of adhoc rule issued In
G.O.Ms.No:165, General Administration (Ser.C) Department, dated
22-04-1997.

The following clarification is issued to the said G.O.Ms.No:165, General

Administration (Ser.C) Department, dated 22-04-1997.

(i) the adhoc rule issued in G.O.Ms.No:165, General

Administration (Ser.C) Department, dated 22-04-1997
has a prospective effect.

(ii) the orders issued in G.O.Ms.No:165, General

Administration (Ser.C) Department, dated 22-04-1997
are applicable to the panels to be prepared for the panel
year from 1997-98 onwards.

(iii) the employees irrespective of the category to which they

belong who have completed 45 years of age and who
could not pass the requisite Departmental Tests
prescribed in the Special/ or adhoc rules may be
considered for exemption from passing such tests and
later on, they may be considered for promotion to the
post above the one held by him/her in the same service.

(iv) the orders are applicable only in cases of departmental

tests for promotion and not applicable where
qualifications, academic or technical are prescribed for
promotion to the next higher category post.

274
4. All the Departments of Secretariat/Heads of Departments are
requested to bring the above clarification to the notice of all concerned.

N.V.H. SASTRY,
SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to:
A.P. Non-Gazetted Officers Association, Gunfoundry, Hyderabad (with
reference to their letter dated 06-06-1997)
All Service Sections in General Administration Department.
The Scrutiny Cell of Law Department.

//Forwarded::By order//

SECTION OFFICER

275
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

Circular Memo.No:10922/Ser.C/98 Dated 26-03-1998

Sub: PUBLIC SERVICES – Exemption from passing Departmental

Test/Special Tests of Government Employees who have
crossed 45 years of age – Adhoc rule issued – Regarding.

Ref: 1. G.O.Ms.No:165, GA (Ser.C) Dept., dated 22-04-1997.

2. Govt.Circular Memo.No:49152/Ser.C/97, dt:28-07-1997.

-ooOoo-

In G.O.Ms.No:165, General Administration (Ser.C) Department, dated

22-04-1997 an adhoc rule was issued to exempt such of those employees
who have crossed 45 years of age from passing departmental tests/special
tests prescribed in the Special Rules/ Adhoc Rules for the purpose of
promotion to the next higher category i.e., promotion/appointment by
transfer to a post above the one held by him/her, if they could not pass the
same.

In Circular Memo.No:49152/Ser.C/97, GA (Ser.C) Department,

dt:28-07-1997, a clarification was issued about the applicability of adhoc rule.

Various departments have sought for further clarification on certain

points in respect of adhoc rule issued in G.O.Ms.No:165, GA (Ser.C) Dept.,
dated 22-04-1997 and they are clarified as follows:

Points raised Clarification

1 Whether the exemption is The exemption is applicable only
applicable to those employees to those employees who
who did not appear for the appeared but could not pass the
test? test.

2 Is a written order necessary to Yes, it is necessary to issue

be issued granting such written orders of exemption
exemption? from passing the test from the
concerned authority.

3 Whether the exemption is Exemption is not available from

applicable for employees passing the departmental test
whose declaration of probation by a probationer.
is held up for not passing the
test?

4 Whether the exemption is one Exemption is only for one

time exemption and whether promotion. He will not entitled
an employee can seek further for further promotion.
promotions irrespective of the
fact that no tests are
prescribed for the higher post.

276
5 Whether the exemption is The exemption is not available
available for the employee for a second promotion to such
who got one promotion for employee who had already got
which not tests are prescribed one promotion even if it is for a
for seeking second promotion post of which no tests are
for which tests are prescribed. prescribed. This is because of
the intention of the Government
to ensure that every employee
gets atleast one promotion.

All Departments of Secretariat/Heads of Departments are requested to

bring the above clarification to the notice of all concerned to follow the same
scrupulously.

K. MADHAVA RAO,
CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to:
All Service Sections in General Administration Department.
The Scrutiny Cell of Law Department.

//Forwarded::By order//

SECTION OFFICER

277
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

U.O.Note No:37275/Ser.C/98-1 Dated 22-07-1998

Sub: Public Services – Exemption from passing departmental tests/

special tests in respect of employees who crossed 45 years of
age – Clarification – Issued – Regarding.

Ref: Circular Memo.No:10922/Ser.C/98, dated 26-03-1998.

-ooOoo-

In the Circular Memo. cited, certain clarifications were given on the

subject. Some of the Departments are still raising doubts on point No:5
despite the fact that it was made clear in the clarification that the benefit is
available only for the first promotion and not for the second promotion and
that it is the intention of the Government to ensure that every employee gets
atleast the benefit of one promotion.

In view of this, it is again reiterated that the exemption from passing

departmental tests for the employee who completed 45 years of age is only a
one time concession for promotion to the next higher category above the one
held by him or her in the same service. The said concession shall not be
applicable for subsequent promotion irrespective of the fact whether tests are
prescribed for higher posts. It is also made clear that the concession is only
for exemption from passing the departmental tests or special tests but not for
the qualifications prescribed.

N.V.H. SASTRY,
SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat.
Copy to:
All Heads of Departments.
All District Collectors.
All Service Sections in General Administration Department.

//Forwarded::By order//

SECTION OFFICER

278
 GOVERNMENTOF ANDHRA PRADESH
ABSTRACT
Public Services – Passing of the Departmental Test/special Tests-Exemption
from passing of tests prescribed in the special rules in respect of employees
who crossed 45 years of age – Adhoc rule –reissued.
GENERAL ADMINISTRATION(SER.C) DEPARTMENT

G.O.Ms.No.225 Dated:18-05-1999.

Read the following:-

1. G.O.Ms.No.165, GA (Ser.C) Dept.. dt.22-04-97

2. Cir.Memo.No.49152/Ser.C/97, GA (Ser.C) Dept. dt.28-07-97.
3. Cir.Memo.No.10922/Ser.C/98, GA (Ser.C) Dept. dt.26-03-98.
4. U.O.Note No.37275/Ser.C/98 GA (Ser.C) Dept. dt.22-07-98.
5. From the Secretary, APPSC., Lr.No.1036/RR/2/99 dt.13-05-99.

ORDER:

In the reference first read above an adhoc rule was issued as follows:

"Notwithstanding anything contained in the Andhra Pradesh

State and subordinate Service Rules or in the Special Rules or
in adhoc rules, the Government employees who have crossed
45 years of age shall be exempted from passing the
Departmental tests prescribed in the Special Rules/Adhoc Rules
for the purpose of promotion to the next higher category (i.e)
promotion/appointment by transfer to a post above the one
held by him/her if they could not pass the same."

In the references second to fourth read above clarifications were issued on

the applicability of the adhoc rule.

2. The policy of the Government enunciated in the adhoc rule, is to

exempt the employees from passing of the departmental tests/special tests,
in respect of those who crossed 45 years of age, for the purpose of
promotion/appointment by transfer to the immediate next higher post, above
the one held by the employee if the employee could not pass the same. This
concession was to consider the employee for only one promotion after initial
appointment to public service, taking into consideration the fact that the
individual inspite of his or her best efforts to qualify himself, could not pass
the same owing any personal reasons.

3. Certain employees have challenged the adhoc rule and the

clarifications thereon in the court of Law. The Andhra Pradesh Administrative
Tribunal in its directions in O.A.No.7612/1998 referred to the Judgement of
the High Court of Andhra Pradesh and observed as follows:

"The petitioners before the High Court in WP No.26310/98 also

got promotions from the category of LDCs to the category of
Superintendents and the High Court directed that their cases
should be considered for further promotion to the post of
Assistant Registrar/Assistant Controller/ Administrative Officer.

279
 Though the High Court has not specifically considered the
legality of the clarification at Sl.No.5 in Memo.No.10922/
Ser.C/98, dated 26-03-98 when it was contended that the
petitioners in the Writ Petition are not entitled for exemption
from passing Accounts Test as they were promoted earlier as
Superintendents even though they did not pass Accounts Test,
the High Court observed as follows:

"The argument, that petitioners were promoted to posts of

Superintendents though they did not pass the Accounts Test
and are not entitled to promotion to next stage, is also without
merit. The Promotion to the post of Superintendent was on
basis of proceedings dated 27-12-1989, which confined
promotion only to one stage. The petitioners are seeking
benefit now of G.O.Ms.No.165, dated 22-04-1997. This is
independent of proceedings dated 27-12-1989. The G.O. does
not exclude employee who had received benefit of proceedings
of 1989. Hence the argument cannot be accepted."

The aforesaid observations show that, even persons who have

got promotions earlier in the service are entitled for getting
promotion to one higher post in terms of adhoc rule issued in
G.O.Ms.No.165, GAD., dated22-04-1997.

4. Keeping in view of the above observations, it is decided to omit the

wording "if they could not pass the same" occuring in the adhoc rule and to
recast the adhoc rule to be clear and specific in depicting the policy of the
Government. Accordingly, the following notification is issued.

5. The adhoc rule here by made shall be deemed to have come into force
with effect from 22nd April, 1997.

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India and of all other powers hereunto enabling the Governor
of Andhra Pradesh hereby makes the following Ad hoc-rule namely:

Adhoc Rule:

Notwithstanding anything contained in the Andhra Pradesh State and

Subordinate Service Rules or in the Special Rules or in adhoc rules, the
Government employees who have crossed 45 (forty five) years of age shall be
exempted from passing the departmental tests prescribed in the special rules
or the adhoc rules for the purpose of promotion to the next higher category
i.e., promotion or appointment by transfer involving promotion to a post
above the one held by him or her, if they could not get even one promotion
after their initial appointment.

Provided that the persons who already got a promotion once where no
tests are prescribed for the higher post, the exemption is not applicable to
him or her if he or she is to be considered for further promotion to next
higher category where tests are prescribed. (This adhoc rule is applicable
from the panel year 1997-98).

280
 Provided further that the exemption is applicable in case of
departmental tests or special tests only, where they are prescribed as a
pre-requisite for promotion and this exemption shall not be applicable where
like technical or academic qualifications are prescribed for promotion to the
next higher category of posts.

Provided also that the exemption shall not be applicable for declaration
of probation, where passing of departmental tests of special tests is a
pre-condition for declaration of probation.

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

N.V.H.SASTRY
SECRETARY TO GOVERNMENT

To
The Commissioner of Printing,Stationery & Stores Purchase, Hyderabad.
All Departments of Secretariat.
All Heads of Departments.
All District Collectors/Dist.Judges.
The Secretary to Governor, Rajbhavan, Hyderabad
The Secretary to chief Minister.
The P.S. to M(Services)
The Registrar of High Court, A.P., Hyderabad.
The Registrar of A.P.Administrative Tribunal, Hyderabad.
Copy to:
The Genl.Admn. (Ser.Wel) Dept.
Law (E) Department.
All Service Sections in General Administration Deptt.
The Secretary, A.P Public Service commission, Hyd.
The Secretary, Vigilance Commissioner, A.P.Vigilance Commission,
Hyderabad.

//Forwarded::By Order//

Section Officer

281
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Promotion to the higher posts - Visually Handicapped

employees – Passing of Departmental Tests for promotion to next higher
categories – 5 years time allowed – Orders – Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No:748 Dated 29-12-2008

Read the following :

1) Director, Disabled Welfare & State Commissioner under persons

with Disabilities Act,1995 Lr.No:S.V/6794/06, dt.19-04-2007.
2) Commissioner for the Welfare of persons with Disabilities and
Senior Citizens Lr.No.S-V/6794/2006, Dt.10-05-08.
3) From the Secretary, APPSC, Hyderabad, Lr.No.1526/RR/08,
Dt.15-12-2008.

-ooOoo-

ORDER :-

The Secretary, Visually Handicapped Employees Welfare Association,

Kakinada has requested to exempt the Visually disabled employees from
passing the departmental tests irrespective whether they have crossed 45
years of age or not, as a special case, if they fulfill the other conditions for
promotion to next higher posts. In the reference 2nd read above, it is
reported that due to non-availability of books and codes in Braille Script, the
visually impaired employees are losing chances for higher promotions.

2. After careful examination, it is decided to allow 5 (five) years time to

acquire the qualification of Tests prescribed under the rules by the Visually
Handicapped employees who are otherwise qualified for promotion and during
this time the books and codes will be prepared and made available in Braille
Script instead of totally exempting them from passing Departmental Tests.
However, the employees who come up for consideration for promotion shall
be promoted to higher categories during this period of 5 (five) years and such
employees shall be directed to pass the tests in the promoted post. The
preparation of books and codes in Braille Script for passing of tests shall be
reviewed after 5 years.

3. Accordingly, the following notification will be published in the Andhra

Pradesh Gazettee.

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India and of all other powers hereunto enabling, the Governor
of Andhra Pradesh hereby makes the following Adhoc rule, namely :-

282
 Ad-hoc Rule :

Notwithstanding anything contained in the Andhra Pradesh State and

Sub-ordinate Service Rules or the Special Rules governing the post, the
Visually Handicapped employees who have not passed the tests prescribed
under the rules but otherwise qualified for promotion may be promoted to the
post subject to acquiring the qualification of such tests within a period of Five
years from the date of promotion and during this time, the books and codes
shall be prepared and made available in Braille Script. The preparation of
books and codes in Braille Script for passing of tests shall be reviewed after a
period of five years.

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

S.BALASUBRAMANYAM,
SECRETARY TO GOVERNMENT (SERVICES)

To
The Commissioner of Printing, Stationery & Stores Purchase, Hyderabad.
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to :
The Registrar of High Court of Andhra Pradesh Hyderabad.
The Registrar of Andhra Pradesh Administrative Tribunal, Hyderabad.
The Director, Disabled Welfare & Commissioner Under persons with
Disabilities Act,1995.
The Commissioner for the Welfare of persons
with Disabilities and Senior Citizens.
The Law (E) Department.
All Service Sections in General Administration Dept.,
The Secretary, Vigilance Commissioner,
A.P. Vigilance Commission, Hyderabad.
The Secretary, A.P. Public Service Commission, Hyderabad.
The WD,CD&DW(DW.A1)Dept.,
SF/SC.

//Forwarded::By Order//

SECTION OFFICER.

283
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Examinations – Pass in Accounts Test for Executive Officers – Not equivalent

to pass in Accounts Test for Subordinate Officers Part-I and II – Clarification –
Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No.411 Dated 18-07-2011

Read the following:-

1. G.O.Ms.No.1799, GA (Ser.A) Department, dt.7-10-1965.

2. From the Director of Settlement Survey & Land Records,
Hyderabad, Lr.No.J1/4815/2002, dt.21-8-2002.
3. From the Secretary(I/c), APPSC, Letter No.820/RR/2011,
dt.24-6-2011.

-ooOoo-

O R D E R:

In the G.O.1st read above, the Government have issued orders that
Government Servants who have passed Accounts Test for Subordinate
Officers Part-I and II shall be exempted from passing Accounts Test for
Executive Officers, where such Tests are prescribed in the Special Rules
concerned.

2. It is noticed that certain Government Servants who have passed

Accounts Test for Executive Officers have approached the Hon’ble Andhra
Pradesh Administrative Tribunal, claiming that they have passed Accounts
Test for Executive Officers and that they need not pass Accounts Test for
Subordinate Officers Part-I and II, where such tests are prescribed in the
Special Rules concerned. The Hon’ble Andhra Pradesh Administrative Tribunal
in OA No.7227/2002, dt.13.11.2006 held that the Full Bench in OA
No.80/2001 held that a pass in Executive Officers Test cannot be considered
as equivalent to a pass in the tests for Subordinate Officers for the purpose of
promotion to the posts within the Subordinate Service.

3. The Government have examined the directions of the Hon’ble Andhra

Pradesh Administrative Tribunal and observe that according to Andhra
Pradesh Departmental Test Rules, 1965, the following syllabus is prescribed
for the Accounts Test for Executive Officers and Accounts Test for Subordinate
Officers Part-I and II:-

THE ACCOUNTS TEST FOR EXECUTIVE OFFICERS

(1) The Andhra Pradesh Financial Code-Chapters I –VIII and XII-XIV.

(2) The Andhra Pradesh Treasury Code-Part-I & Part-II (Chapters III, V
and VII) and Part-III (Chapter-IV).
(3) The Andhra Pradesh Budget Mannual-Chapter I-V, VII and VIII.
(4) An Introduction to Indian Government Accounts and Audit Chapter-
I, Part B of Chapter 2, Chapter 10, 13, 15, 16, 17, 24, 25, 27 and
28.
(5) The Constitution of India, 1950 - Articles 148 to 151, 202 to 207,
264 to 293 and 308 to314.

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 (6) The Andhra Pradesh Pension Code.

THE ACCOUNTS TEST FOR SUBORDINATE OFFICERS PART-I

(1) The Andhra Pradesh Financial Code, Volume-I.

(2) The Andhra Pradesh Financial Code, Volume-II.
(3) The Andhra Pradesh Treasury Code, Volume-I Part-I, Part-II.
(Chapters II, V and VII) and Part III (Chapter IV).
(4) The Andhra Pradesh Treasury Code, Volume- II (omitting
Appendices 1 to 7, 10, 11, 14, 15 and 18-25)
(5) The Andhra Pradesh Accounts Code Volume-I(Chapter 3-6 and
Appendix 3).
(6) The Andhra Pradesh Budget Manual-Chapters I-IV, VII and VIII.
(7) The Fundamental Rules and the Subsidiary Rules framed there
under by the Andhra Pradesh Government including the Andhra
Pradesh Leave Rules, 1933.
(8) The Andhra Pradesh Manual of Special Pay and Allowances Part-I
(omitting Appendix) and Part II.
(9) The Andhra Pradesh Pension Code.

THE ACCOUNTS TEST FOR SUBORDINATE OFFICERS PART II

(1) The Andhra Pradesh Treasury Code, Volume I Part II (Chapters I, II,
IV, VI, VIII, IX and X) and Part III (Chapters I-III).
(2) The Andhra Pradesh Treasury Code, Volume II (omitting Appendices
1-9, 12, 13, 16 and 17).
(3) The Andhra Pradesh Accounts Code, Volume II.
(4) The Government Securities Manual, Third Edition. Chapter I
(omitting paragraphs 10 and 11), Chapter II (omitting paragraphs
13 and 23), Chapters IV, V, VI, IX and X (omitting paragraph 123
and Appendix II) and the Andhra Pradesh Government
Securities Rules, 1937.
(5) The Constitution of India, 1950. Articles 148 to 151, 202 to 207,
264 to 293 and 308 to 314.
(6) An Introduction to the Indian Government Accounts and Audit.
(7) The Andhra Pradesh Pension Code.

4. It is considered that the above syllabus prescribed for the Accounts

Test for Executive Officers is covered by the syllabus prescribed by the
Accounts Test for Subordinate Officers Part I and II, but, the syllabus
prescribed for the Accounts Test for Subordinate Officers Part I and II has not
been totally covered by the syllabus of Accounts Test for Executive Officers.
Therefore, pass in Accounts Test for Subordinate Officers for Part I and II can
be considered as equivalent to the passing Accounts Test for the Executive
Officers but a pass in Accounts Test for Executive Officers cannot be equated
for a pass in Accounts Test for Subordinate Officers Part- I and Part-II..

5. Keeping in view of the above, Government hereby clarify that such of

the Government Servants who have passed Accounts Test for Subordinate
Officers Part-I and II, can be exempted from passing Accounts Test for
Executive Officers, but the Government Servants who have passed in
Accounts Test for Executive Officers cannot be exempted from a pass in
Accounts Test for Subordinate Officers Part-I and Part-II, where such tests
are prescribed in the rules.

285
6. All the Departments of Secretariat are requested to amend the
provisions in the Special Rules with which they are concerned keeping in view
the above clarification.

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

S.V.PRASAD
CHIEF SECRETARY TO GOVERNMENT

To
All the Departments of Secretariat.
All the Heads of Departments.
All the District Collectors.
All the Chief Executive Officers, Zilla Parishads.
The APPSC, Hyderabad (10 copies).
The Registrar, APAT, Hyderabad.
The Registrar, High Court of AP, Hyderabad.
Copy to:
The Advocate General, High Court of AP, Hyderabad.
The Additional Advocate General, High Court of AP, Hyderabad.
All the Government Pleaders, High Court / APAT, Hyderabad.
All the Service Sections in GAD.
The PS to Spl.Chief Secy.to CM.
The PS to Chief Secy.to Govt.
The PS to Secretary to Govt.(Ser.), GAD.
The PA to Dy.Secretary to Govt.(Ser.), GAD.
SC/SF

//FORWARDED::BY ORDER//

SECTION OFFICER.

286
 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – Promotion to the higher posts – Visually Handicapped

Employees – Passing of Departmental Tests for promotion to next higher
categories – extended another 5 years-time allowed – Orders – Issued.
GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No. 193 Dated:28:05:2014

Read the following:

1.G.O.Ms.No.748, Genl. Admn.(Ser.C) Dept., dated 29.12.2008.

2.Representation from the Visually Challenged Employees
Association. Andhra Pradesh dated 08.01.2014.

-ooOoo-

O R D E R :-

In the G.O. first read above, Government allowed five (5) years time
to acquire the qualification of Tests prescribed under the rules for the Visually
Handicapped Employees, who are otherwise qualified for promotion and
during this time the Books and Codes will be prepared and made available in
Braille Script instead of totally exempting them from passing Departmental
Tests. The Visually Challenged Employees Association in the representation
2nd read above have represented that as per the orders issued in the G.O.
first read above several eligible visually handicapped employees have been
promoted, but neither their salaries were increased nor their services
regularized. Further those who got promoted under the said G.O. should clear
the prescribed test within five years from the date of their promotion in order
to become eligible to salary increment and service regularization and many
Visually handicapped employees are reported to have been undergoing a
mental trauma for they were given promotions only for the name sake but
without any benefit and the said G.O. was expired on 31.12.2013 but the
books in Braille script are still not made available.

2. Government after careful examination, decide to extend another 5

(five) years time to acquire the qualification of Tests prescribed under the
rules by the Visually Handicapped Employees. It is further ordered that those
visually challenged employees, promoted under said G.O.Ms.No.748,
G.A.(Ser.C) Department, dated:29.12.2008 will be eligible for increments,
service regularization, and also eligible for automatic advancement scheme
routinely granted at spells of 6,12,18 and 24 years service and all other
financial benefits, as available to any other employee who got promotion by
virtue of G.O.Ms.No.748, G.A.(Ser.C)Department, dated:29.12.2008.

3. The following notification will be published in the Andhra Pradesh

Gazette.

NOTIFICATION

4. In exercise of the powers conferred by the proviso to article 309 of the

Constitution of India and of all other powers hereunto enabling, the Governor
of Andhra Pradesh hereby makes the following Ad-hoc rule, namely:-

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 Ad-hoc Rule

5. Notwithstanding anything contained in the Andhra Pradesh State and

Subordinate Service Rules or the Special Rules governing the post, the
Visually Handicapped employees who have not passed the tests prescribed
under the rules but otherwise qualified for promotion may be promoted to the
post subject to acquiring the qualification of such tests within a period of five
years from the date of promotion and during this time, the books and codes
shall be prepared and made available in Braille Script. The preparation of
books and codes in Braille Script for passing of tests shall be reviewed after a
period of five years. Such employees now to be promoted in pursuance to this
order will be eligible for all the benefits stated in para-2 above.

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

S.K.SINHA
SPL.CHIEF SECRETARY TO GOVERNMENT (SERVICES &HRM)(FAC)

To
The Commissioner of Printing, Stationery & Stores Purchase, Hyderabad.
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to:
The Registrar of High Court of Andhra Pradesh, Hyderabad.
The Registrar of A.P. Administrative Tribunal, Hyderabad.
The Director, Disabled Welfare & Commissioner
Under persons with Disabilities Act, 1995.
The Commissioner for the Welfare of persons with
Disabilities and Senior Citizens.
The Law (E) Department.
All Service Sections in General Administration Department.
The Secretary, Vigilance Commissioner,
A.P. Vigilance Commission, Hyderabad.
The Secretary, A.P. Public Service commission, Hyd.
The W.D.C.D & D.W.(DW) Department
(With a request to arrange to make available the books and codes in Braille
Script
to the visually handicapped Employees)
SF/SC.

//FORWARDED::BY ORDER//

SECTION OFFICER

288
 GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public Services – Departmental Promotion Committees and Screening Committees –

Reconstituted – Orders – Issued.
GENERAL ADMINISTRATION (SER.D) DEPARTMENT

G.O.Ms.No:275 Dated 21-06-1999

Read the following:-

1. G.O.Ms.No:455, GA (SW) Department, dated 14-6-79 read with

G.O.Ms.No:2 GAD., dated 04-01-1989 and G.O.Ms.No:32, GA (Ser.B)
Department, dated 22-01-1981.
2. G.O.Ms.No:140, GA (Ser.D) Department, dated 26-02-1990.
3. G.O.Rt.No:1576, GA (DPC.DESK.I) Department, dated 01-04-1998.
4. G.O.Ms.No:230, General Administration (Ser.D) Department,
dated 22-05-1999.

-ooOoo-

O R D E R:

In the G.O. first read above, orders were issued on the constitution of
Departmental Promotion Committee for First Gazetted Posts.

2. In the G.O.second read above, orders were issued that the proposals for
preparation of panels for second Level Gazetted Posts which are within the purview of
A.P.Public Service Commission shall be placed before the Screening Committees.

3. In the G.O. third read above, orders were issued on the constitution of
Departmental Promotion Committees for the consideration of panels for promotion to
the third level Gazetted posts and above.

4. In the G.O. 4th read above, an adho rule has been issued indicating the
appointing authorities in respect of posts in First and Second Level Gazetted categories
in State Service.

5. Consequent to issuance of the Adhoc Rules in the G.O. fourth read above
changing the appointing authorities it has now become necessary to lay down the
pattern of the Constitution and membership of the DPC., for Initial Gazetted posts,
keeping in view also the facts that the appointing authorities for such posts are the
Regional authority where Regional Offices exist, while the Head of the Department
shall be the appointing authority for all the Second Level Gazetted categories in the
State Service and also for the initial Gazetted categories for which no Regional Offices
exist.

291
6. Therefore, the Departmental Promotion Committees/Screening Committee for
various Gazetted posts shall be as follows:-

I. Where Regional Office exists:

(a) For the Initial Gazetted posts, DPC i) Regional Officer – (Convenor)
shall consist of
ii) Another Regional officer nominated
by the Head of the Department.

iii) A senior Officer in the Office of the

Head of the Department nominated
by the Head of the Department.

I. Where no Regional Office exists:

(b) For the Initial Gazetted posts, DPC 1.

The Head of the Department
shall consist of (Convenor)
2. Another Head of the Department
nominated by the Government in the
concerned administrative
Department.
3. Deputy Secretary/Joint Secretary/
Additional Secretary to Government
concerned in the Administrative
Department of Government.
Note: Where the Head of the Department is a Commissioner in the Supertime Scale of
IAS., and has a Secretary, the latter will be third member instead of a Deputy
Secretary/Joint Secretary from the Government and also he will be the Convenor mpt
the Head of the Department. Where the Head of Department is a Commissioner in
the Supertime Scale of the IAS., the other Head of the Department to be nominated
will also be of the same level.

II(a) For the Second Level Gazetted 1. The Head of the Department
posts. The Screening Committee (Convenor)
shall consist of 2. Another Head of the Department
nominated by the Government in
the concerned administrative
Department.
3. Deputy Secretary/Joint Secretary/
Additional Secretary to Government
concerned in the Administrative
Department of Government.

(b) For the Third Level Gazetted posts. 1.

Secretary/Principal Secretary/
The Departmental Promotion Special Chief Secretary to
Committee shall consist of Government concerned in the
Administrative Department.
2. Another Secretary to
Government/Principal Secretary/
Special Chief Secretary to
Government nominated by Chief
Secretary to Government.
3. Head of the Department (Convenor)
Note:The Nominated Members of the existing two Screening Committees in which
orders were issued by Government in G.O.Ms.No:468, General Administration (Ser.D)
Department, dated 10-11-1998 will continue to function with nomenclature as DPC
headed by Sri K.Swaminathan, IAS., and Sri P.V.R.K.Prasad, IAS.

292
III. For IV level Gazetted and above, Chairman and Members as
the DPC shall consist of constituted in the G.O. third read
above shall continue.

IV. For Head of the Department The existing Committee headed by

Chief Secretary to Government as
constituted in the G.O. 3rd read
above shall continue.

7. The tenure of the above Committees shall be two years with immediate effect
other than the Committees referred to at items III and IV of para 6 above.

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

V. ANANDARAU
CHIEF SECRETARY TO GOVERNMENT

TO
All Officers concerned.
All Departments of Secretariat (including GAD and all Administrative Sections)
All Heads of Departments
PS to Chief Secretary to Government.
SF/SC.2

//Forwarded::By order//

SECTION OFFICER

293
 GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public Services – Departmental Promotion Committees/Screening

Committees – Preparation of panels for promotion to Gazetted posts –
Reconstituted – Orders – Issued.
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

G.O.Ms.No.396 Dated 01-12-2004

Read the following:-

1. G.O.Ms.No:275, General Administration (Ser.D) Department,

dated 21-06-1999.
2. G.O.Ms.No:5, SW (ROR.I) Department, dated 14-02-2003.
3. G.O.Ms.No:311, General Administration (Ser.A) Department,
dated 17-10-2003.
4. G.O.Rt.No:5572, General Administration (DPC.I) Department,
dated 01-12-2003.
5. G.O.Ms.No:2, SW (ROR.I) Department, dated 09-01-2004.
6. G.O.Ms.No:76, SW (ROR-I) Department, dated 19-10-2004.

-ooOoo-

O R D E R:-

In the G.O. first read above, orders were issued reconstituting the
Departmental Promotion Committees/Screening Committees for preparation of panels
for promotion to Gazetted posts in the State.

2. Thereafter, several changes took place in the policy of the Government on rule
of reservation in promotions for Scheduled Castes/Scheduled Tribes, bringing the third
level gazette posts, (instead of second level gazetted posts) with the purview of APPSC
etc vide G.Os second to sixth read above, necessitating reconstitution of the
Departmental Promotion Committees/Screening Committees for all the Gazetted posts
in the state.

3. Accordingly, Government, after careful examination of the matter and in

supersession of the orders issued in the G.O. first read above, hereby order that the
reconstitution of the Departmental Promotion Committees/Screening Committees for
all the Gazetted posts in the State, shall be as follows:

I. DPC for First Level Gazetted posts and DPC for Second Level Gazetted
posts shall consist of Members/Convenor as follows:
1. The Head of the Department : Member/
Convenor
2. Another Head of the Department under the control of : Member
administrative Department of Government, and nominated by
the administrative Department of Government
3. Deputy Secretary/Joint Secretary/Additional Secretary to : Member
Government in the concerned Administrative Department of
Government
Provided (i) where the Secretary to the Head of Department is an IAS Officer, he shall
be the third Member/Convenor, instead of a Deputy Secretary/Joint Secretary/
Additional Secretary to Government in the concerned Administrative Department of
Government.
Provided (ii) where the Head of Department is a Commissioner in the Supertime Scale
of the IAS., the other Head of the Department, to be nominated, shall be the same
level officer.

294
Provided (iii) where there is no other Head of the Department under the control of
administrative Department of Government is available, any other Head of the
Department can be nominated by the administrative Department of Government.

II. The Screening Committee for Third Level Gazetted Posts; The DPC for
Fourth Level Gazetted and above posts; and, the DPC for Heads of
Departments (NC) Level posts shall consist of the Chairman, Members and
Member/Convenor, as constituted by the General Administration (DPC.I) Department
from time to time.

4. The latest committees for third level gazette posts and above are
constituted vide G.O.Rt.No:6784, General Administration (DPC.I) Department, dated
01-12-2004.

5. The tenure of the above committees shall be two years.

6. These orders shall have immediate effect.

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

Dr. MOHAN KANDA,

CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat.
All Heads of Departments.
All Officers concerned.
Copy to:
PS to Chief Secretary to Government.
PS to Secretary to Government (Services), G.A.Department.
P.A. to Joint Secretary to Government (Services), G.A.Department.
All Administrative Service/Service/Establishment/OP Sections.
GA (Ser.D)/(SC.F)/(SU.I) Sections.

//Forwarded::By order//

SECTION OFFICER

295
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC.I) DEPARTMENT

U.O.Note No:21814/DPC.I/2007-1 Dated 10-10-2007

Sub: Public Services – Reconstitution of Departmental Promotion

Committees for 1st and 2nd Level Gazetted Posts – Certain clarification
– Regarding.

Ref: 1. G.O.Ms.No:396, GA (DPC.I) Department, dated 1-12-2004.

2. G.O.Rt.No:6784, GA (DPC.I) Department, dated 1-12-2004.
3. G.O.Rt.No:6831, GA (DPC.I) Department, dated 4-12-2006

-ooOoo-

It is informed that Government vide G.O.1st cited, reconstituted (I)

Departmental Promotion Committees for 1st and 2nd Level Gazetted Posts, which are
general and to be constituted/reconstituted by respective departments; and (II)
Screening Committees for 3rd Level Gazetted Posts; and Departmental Promotion
Committees for 4th Level Gazetted and above Posts and Heads of Departments
(Non-Cadre) Level Posts, which shall be constituted/reconstituted by General
Administration (DPC.I) Department separately and the tenure of the above all
committees shall be two years.

2. It is further informed that the Screening Committees for 3rd Level Gazetted
Posts; and Departmental Promotion Committees for 4th Level Gazetted and above
Posts and Heads of Departments (Non-Cadre) Level Posts, were reconstituted vide
G.O.3rd cited, after completion of their tenure of two years, as ordered vide G.O.2nd
cited, as the Chairman and Regular Members of the said Committees were nominated
by name. But, the Members, Member/Convenor of the Departmental Promotion
Committees for 1st and 2nd Level Gazetted Posts, reconstituted vide G.O.1st cited were
nominated by designation. As such, reconstitution of DPCs for 1 st and 2nd Level
Gazetted Posts, will have to be made by concerned departments based on the general
guidelines issued in G.O. 1st cited, not by General Administration (DPC) Department.

3. However, to avoid ambiguity, it is clarified that the Departmental Promotion

Committees for 1st and 2nd Level Gazetted Posts, reconstituted vide G.O. 1st cited, shall
be in force until further orders in the matter.

P. KRISHNAIAH,
SECRETARY TO GOVERNMENT (SERVICES)

To
All the Departments of Secretariat.
Copy to:
The PS to Chief Secretary to Government.
The PS to Secretary to Government (Services), GAD.
SF/SC

//Forwarded::By order//

SECTION OFFICER

296
 GOVERNMENT OF ANDHRA PRADESH
FINANCE (ADMN.II) DEPARTMENT

Memo.No:4510/265/A1/Admn.II/2007 Dated 23-06-2007

Sub: Establishment – State Audit Department – A.P.SC., ST., BC

Employees Association – Rule of Reservation –
Implementation of Rule of Reservation in promotions in
favour of SCs and STs under Article 16 (4A) of the
Constitution of India – Violation of Constitutional provisions in
favour of SC/ST Employees in the A.P.State Audit Department
– Proper implementation of reservations in promotions –
Regarding.

Ref: 1. From the General Secretary, Andhra Pradesh State

Government BC., SC., ST employees Association,
13-7-127/1, Ramanthapur, Hyderabad-500 013 letter
Ref.No:APSC/ST&BC/27/06, dated 26-10-2006 and
27-01-2007.
2. From the Director of State Audit, A.P., Hyderabad, Letter
Roc.No:22151/C3/2006, dated 20-11-2006, 17-02-2007
and 13-03-2007.

-ooOoo-

The attention of the Director of State Audit, Andhra Pradesh,

Hyderabad is invited to the references cited and he is informed that rule 2(2)
of A.P.State and Subordinate Service Rules, 1996 defines “appointed to a
service” as follows:

Appointed to a Service:- A person is said to be “appointed to a

service” when, in accordance with these rules, except under
rule 10 and in accordance with the Special Rules or adhoc rules
applicable to such service he discharges for the first time, the
duties of a post borne on the cadre of such service or
commences the probation, instruction or training prescribed for
members thereof.

Explanation:- The appointment of a person holding a post borne

on the cadre of one service to hold additional charge of a post
borne on the cadre of another service or same service or to
discharge the current duties thereof does not amount to
appointment to the latter service or post in the same service,
as the case may be.

2. In the light of the above definition, if the person appointed to the post
did not join duty, the vacancy remains un-filled. Keeping this position in
view, the roster points according to which the panel is prepared (list of
approved candidates), remains un-filled when the person did not join duty in
the promoted post. In such a situation, the names of the employees included
in the panel will move upwards to the unfilled roster points. If any SC/ST
candidate’s name is included against the roster point meant from that
category, his/her name shall move upwards in the un-filled roster points.

297
Thereby, if the adequacy is reached, in so far as SC/ST reservation is
concerned due to upward movement of persons, there is no need to fill-up the
specific roster point meant for SC/ST candidates. There should not be any
gap in filling-up the roster point meant for SC/ST candidates. There should
not be any gap in filling up the roster points as per Rule-22 of A.P.State and
Subordinate Service Rules, 1996.

3. It is also informed that during the panel year 2004-05, the estimated
vacancies were 11 for the post of District Audit Officer and 11 persons were
considered for promotion to the said post from the category of Assistant Audit
Officer. Three persons retired from service without getting promotion to the
category of District Audit Officer in the panel year 2004-05 and the roster
points were kept vacant, which is irregular and violation of Rule-22 of
A.P.State and Subordinate Service Rules, 1996.

4. Government after careful examination of the proposal hereby permit

the Director of State Audit to review the panels for the years 2004-05 and
2005-06, duly placing the matter before the review DPC.

POONAM MALAKONDAIAH,
SECRETARY TO GOVERNMENT (FP)

To
The Director of State Audit, A.P., Hyderabad.
Copy to:
The General Secretary, A.P. SC., ST & BC Employees Association,
13-7-127/1, Ramanthapur, Hyderabad-500 013.
SF/SCs

//Forwarded::By order//

SECTION OFFICER

298
 SOME DEFINITONS
(As defined in Rule-2 of A.P.State and Subordinate Service Rules, 1996)

In these rules, unless there is anything repugnant in the subject or context:-

(1) Adhoc Rules:- “Adhoc rules” means rules issued to govern:

(i) a temporary post in a Service, Class or Category which is not covered

by any special Rules; or

(ii) all or some of the services in regard to issues of common applicability

of all such services.

(2) Appointed to a Service:- A person is said to be “appointed to a service” when, in

accordance with these rules, except under rule 10 and in accordance with the Special
Rules or adhoc rules applicable to such service he discharges for the first time, the
duties of a post borne on the cadre of such service or commences the probation,
instruction or training prescribed for members thereof.

Explanation:- The appointment of a person holding a post borne on the cadre of one
service to hold additional charge of a post borne on the cadre of another service or
same service or to discharge the current duties thereof does not amount to
appointment to the latter service or post in the same service, as the case may be,

(3) Approved candidate:- “Approved candidate” means a candidate whose name

appears in an authoritative list of candidates approved for appointment to any service,
class or category.

(4) Approved probationer:- “Approved probationer” in a service, class or category

means a member of that service, class or category who has satisfactorily completed
his probation in such service, class or category.

(5) Appointment or Recruitment by transfer: A candidate is said to be appointed or

recruited by transfer to a service:-

(a) If, at the time of his first appointment thereto he is an approved

probationer in the Andhra Pradesh High Court Service or Andhra
Pradesh Legislature Service or in any other service, the rules for which
prescribed a period of probation for members thereof: or

(b) in case at the time of his first appointment thereto he is the holder of
a post which has been included in another service but for which no
probation has been prescribed, if he has put in that post, satisfactory
service for a total period of two years on duty within a continuous
period of three years.

(8) Cadre:- “Cadre” means the posts in various classes, categories and grades in a
service.

(10) Confirmed Member:- “Confirmed Member” means a member of a service who has
been confirmed in a service under the State Government in accordance with rule 21.

(11) Date of Regular Appointment:- “Date of Regular Appointment” means the date of
commencement of probation, i.e., the date from which the service rendered by a
person after appointment to a service, class or category counts for probation..

299
(12) Departmental Promotion Committee:- “Departmental Promotion Committee”
means a Committee constituted to advise the appointing authority in regard to the
persons to be included in the panel for being appointed by promotion or by transfer to
a selection post not within the purview of the Commission.

Provided that the Departmental Promotion Committee may be required to

prepare adhoc panels also for appointment to any service by promotion or by transfer
even on temporary basis.

(12-A) Screening Committee:- “Screening Committee” means a Committee

constituted by Head of the Department to recommend the names for inclusion in the
panel to the second level Gazetted Posts which are within the purview of the Andhra
Pradesh Public Service Commission: and also to indicate the order in which the
persons concerned should be included in the panel. The list of persons so prepared by
the said Committee shall be forwarded to the Commission for its concurrence, by the
competent authority.

(17) General Rules:- “General Rules” means the Andhra Pradesh State and
Subordinate Service Rules.

(18) Member of a Service:- “Member of a Service” means a person who has been
appointed to that service and who has not retired or resigned, or who has not been
removed or dismissed, or substantively transferred or reduced to another service, or
who has not been discharged otherwise than for want of a vacancy. He may be a
probationer, an approved probationer or confirmed member of that service.

(20) Officiating Appointment:- A person is said to be officiating in a post, if his

appointment has been made after his inclusion in the relevant panel, but whose
appointment has not been regularised.

(21) Panel:- “Panel” means the authoritative list of candidates approved for regular
appointment to any service, class or category drawn up by the Commission or by the
Government or by the appointing authority concerned, but does not include the panel
or list prepared for temporary appointment by the appointing authority pending
preparation of a panel for regular appointment in accordance with the rules.

(22) Physically handicapped person: “Physically handicapped person” means a person

who is blind, deaf or orthopedically handicapped.

Explanation:- A person is said to be,

(i) blind, if he is suffering from total absence of sight or visual acquity not
exceeding 3-60 or 10/200 (snellen) in the better eye with correcting
lenses;

(ii) deaf, if his sense of hearing is fully non-functional for the ordinary
purposes of life;

(iii) orthopedically handicapped, if he has a physical defect or deformity

which causes so much interference as to significantly impede normal
functioning of the bones, muscles and joints.

300
(23) Presidential Order: “Presidential Order” wherever it occurs in these rules shall
mean the Andhra Pradesh Public Employment (Organization of Local Cadres and
Regulation of Direct Recruitment) Order, 1975 issued by the President of India under
Article 371-D of the Constitution of India.

(24) Probation: “Probation” means the period during which a fresh entrant to a service
or a person appointed to a higher post for the first time either by promotion within the
service or by transfer from any other service, is put on test for determining his fitness
to hold the post in a service, class or category.

(25) Probationer: “Probationer” means a member in a service class or category who

has not completed his probation.

(26) Promotion: “Promotion” means the appointment a member of any category or

grade of service or a class of service to a higher category, grade, of such service or
such class of service.

(30) Service:- “Service” means a post or a group of posts or categories of posts

classified by the State Government as State or Subordinate Service, as the case may
be.

Provided that for the purpose of recruitment, probation and transfer, each class
included in the Andhra Pradesh General Service and the Andhra Pradesh General
Subordinate Service shall be regarded as a separate service.

Note:- Where the context so requires “Service‟ means the period during which a
person holds a post in accordance with these rules, special or Ad-hoc rules except rule
10 or a lien on a post or is a member of a service as above defined.

(31) Special Rules:- “Special Rules” mean the rules applicable to each service or class
or category of a service, which include adhoc rules applicable to temporary posts in a
service, or class or category, which are not covered by the special rules.

Explanation:- The words importing either gender in these or special rules shall be
taken to include those of the other gender if circumstances so require.

301
 ANNEXURE
PROFORMA IN WHICH PROPOSALS SHOULD BE SUBMITTED TO D.P.C.

1. Name of Department/Office:
2. Name and designation of Members of the Departmental Promotion Committee: (copy of
the orders constituting the D.P.C. to be attached).
Name Designation
3. Post to which promotion is to be made:
Number of permanent/ Number of vacancies filling
Temporary posts in the in the promotion quota
Grade
Designa classific Scale of Filled Unfilled Filled Existing Anticipa Total
tion ation Pay on ted
ad hoc
basis

3. (a) Number of vacancies out of total vacancies for promotions shown in last column 3
above reserved for
(1) Scheduled Caste………………….
(2) Scheduled Tribe ………………….
(3) Backward Classes………………..

4. Recruitment Rules for the Grade Post:

(a) Date on which Recruitment Rules were issued
(b) Method of Recruitment prescribed:
(i) % direct recruitment
(ii) % promotion
(iii) % deputation/transfer

(c) Whether an up-to-date copy of the recruitment rules has been enclosed (this should
invariably be sent for reference). If any changes in the recruitment rules have been
agreed to by the Commission after they were notified, details should be attached. If,
after the approval of the recruitment rules any other post has been created which
should normally be included in the field of promotion, give details.

310
5. Grade Post from which promotion is to be made:

Designation Classification Scale of Recruitment Whether reservations

Pay prescribed are required to be
for made for SC & ST and
eligibility BCs for promotion
for from this Grade post
promotion indicated in S.No.3
above in accordance
with orders in this
regard.

6. Seniority list
(a) Whether a seniority list as in the prescribed proforma has been enclosed. The
seniority list should include names of eligible and ineligible candidates up to the
last eligible candidate as per Zone of Consideration.

(b) Whether the list, before finalization was circulated to all concerned.
(c) Whether there are any officers whose seniority has not been finalized. If so,
give details.
(d) Whether the seniority list has been duly authorized by the appointing authority
or the Deputy Secretary of the concerned Department.

7. Character Rolls:
Complete and up-to-date character rolls of all the eligible officers are required.
(a) Whether a list (in duplicate) been attached showing the names of Officers
whose character rolls are enclosed with this reference.
(b) Are the character rolls complete and up-to-date.

8. Self contained note for the D.P.C.

The self contained note for the DPC explaining proposals for promotion should
invariably contain information regarding any representations/writs/court cases pending
in connection with the present promotion indicating the names of aggrieved parties and
the present stage of cases. If there are any Government/Court/Tribunal orders relating
to the promotion which the DPC has to keep in view may also be indicated in the note.
Whether any enquiry/charges are pending against the persons being considered for
promotion and if so the present stage may be indicated.

* This information may be furnished Signature :__________________

wherever the special/adhoc rules
Designation:__________________
provides for reservation in promotions
for SCs, STs, and B.Cs only. Date : ______________________

311
 (vide item 6 of the DPC proforma)
Seniority list of all Officers in the Grade of ___________________________________
as on ___________

Sl. Name of * whether Date of Date of Post held Whether Remarks

No. the Officer belongs to Birth regular on qualified for
Scheduled appoint regular promotion
Caste or ment for basis or not
Scheduled the grade
Tribe or
DA or
Backward
Class. If
not, say
neither.
(1) (2) (3) (4) (5) (6) (7) (8)

** Signature of Authenticating Officer

Designation_______________
Dated____________________

* this information may be furnished

wherever the Special/Adhoc Rules provides
for reservation in promotions for SCs, STs.,
and BCs only

** to be signed by an Officer or above the

rank of Deputy Secretary.

312
 CHARGES CLASSIFCATION PROFORMA

STATEMENT SHOWING THE PARTICULARS OF DISCIPLINARY CASES

PENDING AGAINST THE OFFICERS PROPOSED IN THE SENIORITY
LIST

Sl. Name Whether Whether Details Nature of Classification of

No. of the charges the of Charges charges as per
Officer framed charges charges (Financial/ the
or not served procedural G.O.Ms.No.257,
or not irregularities) GAD,
(Date of Dt.10.6.1999.
service) Whether it
comes under
para 5 (b)(i) /
5 (b)(ii) /
5 (b)(iii)
(1) (2) (3) (4) (5) (6) (7)

Present stage Court Orders Whether Present stage Remarks

of the if any Counter of the Court of the
disciplinary pending in along with case Department
case with the matter VMA / Appeal
reasons for duly has been filed
delay specifying in the said
whether case
Interim /
Final orders

(8) (9) (10) (11) (12)

313
 ACRS PROFORMA

Brief extracts of ACRs of in Department for promotion in the

category of for the panel year 2013-14

Sl. Name of Officer 2008-09 2009-10 2010-11 2011-12 2012-13

No. S/Sri/Smt.

1 X GOOD SAT OS VG SAT

Date of submission (…………….) (…………….)

of APRs in Form-A
of Part-I

2 Y ADVERSE ADVERSE OS VG Not

REMARKS REMARKS (PARTLY (PARTLY available
RECORDED RECORDED FOR 3 FOR 6
(communi- (EXPUNGED
MONTHS) MONTHS) Furnish
cated) VIDE G.O….)
VG S.A.R
(PARTLY Furnish
FOR 3 S.A.R
MONTHS)
Furnish
S.A.R

Date of submission (…………….) (…………….)

of APRs in Form-A
of Part-I

3 Z SAT NOT VG OS OS
(PARTLY FOR AVAILABLE (PARTLY
3 MONTHS) FOR 5
VG MONTHS)
GOOD (2007-08) GOOD
(2006-07) (PARTLY
FOR 7
MONTHS)

Date of submission (…………….) (…………….)

of APRs in Form-A
of Part-I

OS = Outstanding; VG = Very Good; SAT = Satisfactory;

S.A.R= Special Assessment Report

(…………….) Date has to be mentioned

Attested by officer not

below the rank of
Deputy Secretary to Govt.

314
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC) DEPARTMENT

U.O.Note No,GADOI-SERVODPC(INST) /17l2O21. Dated: 14.09.2021

Sub: DPC-Convening of DPC Meetings for Heads of Departments (Non-

Cadre); DPC Meetings for fourth level Gazetted and above officers;
and Screening Committee Meetings for third level Gazetted Officers for
the panel year 2}2l-22-Proposals- Called for-Instructions- Reg.

Ref:- 1. G.O. Ms. No. 187, GA (Ser.B) Department, dt. 25.04.1985.

2. U.O. Note No:17290IDPC.I/20t1-t, GA(DPC.I) Dept.Dt. 9-06-2011.
3.Circular Memo.No,29381-B/DPC.I/2011-1, GA(DpC.I) Department,
Dated 3-10-2011.
4. U.O. Note No : 29396.A/DPC.I/ 2012- t, c.A. (DPC-I) Department,
Dated: 11-09-2012.
5.U.O.Note No: 14351.A/DPC.IIl2013-1, G.A. (DPC.II) Department,
dated: 23-05-2013.
6.Circular Memo. No. 15906. Al DPC.I/ 2O13- 1, G.A. ( DPC.I) Department,
dated:17-06-2013.
7. U.O. Note No : 29692-AIDPC.U 2013- L, GA (DPC.I) Department,
Dated:18-10-2013.
B. U.O.Note No:2302U0L/DPC(2O77-1, GA (DPC) Department,
dated: 19-01-2017.
9. U.O.Note No.23021/DPC/2OL7-L, GA(DPC) Dept. dt.17-10-2017.
10. U.o.Note No.SERV0DPC(INST)/39/2018, GA(DPC) Dept.
dt.22-tt-20La.
11. Circular Memo No. SERV0DPC(CONC)/19/2019-DPC, G.A.(DPC)
Dept. dt.16-09-2019.
12. U.O. Note. No. GADo1-SERoDPC (INST)/43l2019-DPC, GA (DPC)
Dept., dt. 04.10.2019.
13. U.o. Note No. GADO1-SERVODPC(INST) I t9 I 2020, G.A.( DPC) Dept.
dt. 04.09.2020.
-ooooo-
Instructions were issued from time to time in each panel year so as to enable
the Departments of Secretariat to furnish DPC/Screening Committee proposals for
speedy conduct of DPC/Screening Committee Meetings as per Rule 6 (b) and 6 (c)
of the AP State and Subordinate Service Rules, 1996, the panel of candidates for
appointment by transfer to a service or a class of service in any case, or for
promotion, shall be prepared ordinarily during the months of September/October
every year on the basis of estimated vacancies sent in terms of sub-rule(d).
Further, detailed instructions were issued in the reference 11th cited, fixing a
tentative time schedule for preparation of panel of candidates for appointment by
transfer or by promotion duly conducting DPC/Screening Committee in the month of
September/October to avoid abnormal delay. Therefore, the Departments are
advised to send proposals for the panel year 202t-22 keeping in view of the above
said instructions well in advance for timely convening of DPc/Screening Committee
meetings, where final allocation of employees is completed.
1. Panels preparation for the year 2O2L'22 t

As the Departments are aware that the panel year 2O2t'22 has commenced with
effect from O1-O9-2O21, it is felt necessary to reiterate the earlier instructions
and also to mention certain important points which may be followed for preparation
of proposals for convening of DPC/ Screening Committee meetings well in advance'

2. Proposals should be sent in full shape:

In this context, it is to be stated that the proposals received from some of the
Depaftments are either in incomplete shape or defective, despite of clear
instructions issued in U.O. Notes cited above and therefore, the G.A. Department
had to return the proposals to the respective Departments for rectification' As a
result, there is delay in convening DPC meetings.

lP.r.ol
 2

3. Updating ofACRs:

It is further observed that one of the reasons attributed for not submitting
proposals for DPC/Screening Committee meeting by the Departments concerned is
that non -ava ilability of ACRs of the eligible officers on hand as on the date of
starting of panel year, despite stipulation of rules that the ACRs of the officers have
to be initiated in the month of April for the preceding financial year by the
Reporting Officers every year. All the Departments of Secreta riat/Heads of
Departments are therefore, requested to ensure that the ACRs are kept ready well
in advance the panel year starts. They are requested to furnish the performance of
the individuals in the proforma prescribed in the U.O. Note 2"d cited along with
original ACRs for the last five years i.e. from zOt6-L7 to 2O2O-21.

4. The following points shall be noted while prepartng the Note for DpC / Screening
Com m ittee:

a) The panel year for 2O2t-22 commenced on 01-09-2021; the qualifying date
for the panel year 2O2t-22 is 01-09-2021; and the vacancies in the panel
should be the vacancies arise from 01-09-2021 to 31-08-2022 only, as per
Rule 6(b) of APS&SS Rules, 1996. The vacancy position should be sent to
G.A. Depaftment in the proposals, as early as possible. If vacancies are not
available for the panel year 202t-22, the appointing authority has to take
action as per para 6(b)(i) of APS&SS Rules, 1996. Retiremen vacancies
those a arisinq on 31.08 .2022 shall not b counted for esti mation of
vaca nct es for the oresent panel vear 202t-22 and such vacancies will be
counted for the next panel year i.e.,2022-23.
b) DPC/ Screenina committee Note. proformae. authenticated seniorihr
@t of the officers etc., and Court orders/G.Os/References thereon andlhe
decision taken by the Department thereon, as per G.O.Ms.No.187, GA(Ser.B)
Department, dt.25-04-1985, should be clearly indicated at appropriate
place.
c) Particulars of disciplinary cases against the officers like charges,
punishments, criminal cases etc. and court orders/G.os/ References thereon,
indicating the latest sfagre and the decision taken by the Department
thereon, should be clearly indicated at appropriate place as per the
instructions issued in the reference 4th cited.
d) In some cases, courts are issuing directions suspending or setting aside the
disciplinary proceedings / punishments against officers figuring in [he zone of
consideration or issuing directions to consider the namei of charged officers
without reference to charge memo/ orders for promotion. In somi cases, the
Departments are not filing counter affidavit or stay vacate petitions against
the Interim orders passed long back by the courts, which is not.or.".[. Thu
Departments are therefore requested to follow the instructions issued in the
reference 5th cited in this regard.
e) ACRs for the years from 2016-17 to 202G21 in the prescribe proforma
illustrated in reference 2nd cited, with counter signature and officiat
stamp in respect of afi the officers who comi within the zone of
consideration should be furnished with the proposals. The Departments have
to furnish the ACRs of all the individuals shown in the seniority list including
those who are facing charges or invorved in disciprinary proceearngi. Tr-,e
Departments have to furnish otd ACRs of persons-who are in tong
leave and arso furnish Non rnitiation certificate for the liiie-lerioa.
Further, the ACRs of the individuals should be in the modified foimat as
issued in the G.O.Ms.No.58O, GA (Ser.C) Deptt., Dt.12_10_2011.
f) The Department has to specify the cadre strength, number of persons
working against the cadre- strength in the Departmtnt, number of persons
working on deputation in the *me cadre dury iurnishing'the reasons iia-"rco
inform whether Finance Department agreed to such proposals. In case of
deputation vacancies, Gove?,1ment orders allowing such'deputations should
IContd.page.3]
 3

be enclosed to the proposals. The Departments have to specify whether, the

officers working on deputation are approved probationers or deemed to be
approved probationers or not.

g) The Department has to specify the working strength of SC/ST/DA

candidates in the feeder category as well as promotion category duly
specifyi ng the service pa rticu la rs.
h) Zone of consideration for promotion is 1:3 and where rule of reservation in
promotions for SC/ST/DA candidates is applicable, the restriction of zone of
consideration of 1 :3 shall not be applicable.

i) The Departments are also informed that minimum service in the feeder
category for promotion shall not be relaxed. However, where it is necessary
in the public interest to fill emergently the vacancies, the appointing
authority may invoke Rule 10 (a) of APS&SS Rules, 1996 in case of officers
who are approved probationers or deemed to be approved
probationers as on O7,O9.2O27 only and orders should be issued in the
form of G.O., and copies of the same should be enclosed to the proposals.
Under no circumstances the relaxation of rules or invocation of Rule 10(a)
shall be resorted to the officers who are not approved probationers as on
qualifying date i.e., 01.09.2021.
j) DPC / Screening Committee proposals should be in the name of the
Secretary / Principal Secretary / Special Chief Secretary to Government of
the Administrative Departments concerned and should be attested by an
officer not below the rank of Deputy Secretary to Government.
k) Statement showing the vacancy position with justification and date,
keeping in view the G.O.Ms.No.154, SW (ROR) Dept., dt.30.07.2008, should
be enclosed to the proposals.
l) Copy of the proceedings of the previous panel and extract from
Roster Point Register in respect of previous panel (where ROR ,b
applicable) should be enclosed to the proposal. The Department has to
furnish the Cycle Number of the present Roaster to observe DA category
reservations.

m)The Department has to furnish the proposals for the panel year 202t-22
keeping in view of the above said instructions well in advance for timely
convening of DPC/Screening Committee meetings since due to delay of
furnishing of the proposals, the preparation of panels is becoming
difficult to scrutinize the proposals keeping in view the detailed examination
with General Rules and Special Rules of the Departments/ different posts at
the time of ending of the panel year 2O2l-22.
n) The Departments have to ensure that the DPC proposals are processed and
furnished to the GAD as per instructions lssued vide reference 11th cited.

o) In some cases, the Departments are furnishing the proposals wherein certain
officers were charged or facing disciplinary proceedings, but by the time of
DPC Screening Committee meetings, the Departments are informing
/
that the said charges are dropped. fn such cases, the Departments
are requested to furnish fresh proposal duly incorporating the latest
position.
p) It is necessary that the Spl. Chief Secretary/ Principal Secretary /Secretary
to Govt., of the Department concerned and Head of the Department have to
attend the DPC / Screening Committee meetings. If they are unable to
attend the meetings, the same has to be intimated to the Chairman of the
Committee and permission taken for postponement of the scheduled meeting
as per the Instructions issued vide reference 3'd cited'
lContd.page.4l
 :t4t:

q) DPc/ screening committee proceedings may be approved

panel, as earry as possibre, preferabry within 15 days
and pubrished as
from the iut" tr irrr"
of DPC / Screening committee proceedings. Further, tne oepartments are
informed that rhe recommendations of trhe oec
shall be approved and orders shourd be'/ issuei bcreeiiij co,imittee
oi
37.08.2022 so that.the paner can be operated til 3t.r2.20i2 i" o"tor"
panel is prepared whichever is earlier.
.i-tiil u n"*
5' A[ the Departments of secretariat are arso requested to adhere to the
instructions issued from time to time and consurt the Heads
wherever necessary and furnish the Dpc screening
of Departments
/
SEVEN sets through an U.o.Note, as earry as possibre
committee proposars in
keeping in view the above
guidelines for taking necessary action to prace
the same before the Departmentar
Promotion committees / Screening committees for preparation
panel year 2021-22.
of paners for the

pR L. s E c RE rilf ?31'&1'Jlfi i= [ Y tSIi & H R M ) ( FAc )

To
All Special Chief Secretaries / principal Secretaries
/
secretaries to Govt., Depqrtments or s"..uturiit. (with
all HODs under their administrative controlf
'--' a request to communicate
''
Copv to:
The P.S. to Chief Secretary to Government.
I," to Secretary to Government (Ser.&HRM), cAD(FAC)
1.S.
The Generat Administrarion (SC.F) Deiart;;;i. - "
All the Services Sections in C.a. riepaitmeni. -'
sF/SCs (1s02466)

//FORWARDED:: By:: ORDER//

r{
=qlio-"s*!o.l^"-...
se6}ron oFFrcER
V
 GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (DPC) DEPARTMENT

u.o .Note No. GAD O1-SER ODPCTI sT\/t/2 o22-DPC Da :02.05. 022

Sub: DPC- Departmental promotion Committee for 3.d level

Gazetted and above posts- Certain Instructions_ Reg.

Ref:- 1. G.O. Ms. No. 187, GA (Ser.B) Department, dt. 25.04.198S.

2. U.O.Note No.GAD01-SERVODPC (INST) lL7/2OZt, Dated:
L4.09.202r.

The attention of the Departments of the secretariat is invited to

references cited. They are informed that in the G.o. 1.t cited, guiJetines
were issue.d for sending Dpc proposals in the proforma prescribeld therein
to General Administration Dept., for placing before the Dpc/ screening
Committee.
2. In the reference 2nd cited, further detailed instructions were issued for
preparation of proposals for the panel year zo2l-22. It is observed that in
spite of issue of clear instructions from time to time on the subject, certain
Departments are not submitting proposals in tune with the existing
instructions and in full shape. The following further instructions are issued
for submitting DPC/ Screening Committee proposals :-
i. Provisional seniority is being submitted by some Departments. But,
notified final seniority rist issued by the competent authority i.e.
HoD/Govt. have to be enclosed;
ii. If the Government is appointing authority for the post, final
seniority list shall be approved and issued by Government in the
form of a G.O.;

iii. While indicating Cadre Strength of posts, necessary supported

documents with copies of GOs, in which posts have been
sanctioned with concurrence of Finance department , has to be
enclosed; Allocation of posts by Government of India between Ap
and Telangana States may be enclosed. Consequent to issue of
GoI, orders issued by GA(S R) Deptt/concerned deptts have to be
enclosed;
iv. If the departments propose to fill up the vacancies meant for
deputation from their deptt, GOs on creating such posts with
concurrence of Finance Deptt have to be enclosed; The GOs
showing the competent authority to fill up the deputation
vacancies may be enclosed. If the deputation posts can be filled
up by various departments from different feeder categories, NOC
from other departments may be obtained and enclosed.

v. ACRs are required in original for 5 years, i.e. prior to the panel
year. If the ACRs of 5 years are not available, in the preceding
period of 8 years can be enclosed and also a special assessment
report from the Officer under whom the individual is working;
Special Assessment Report shall indicate the reasons for non
availability of ACRS;
vi. Submit Self contained note in full shape;
vii. List of working officers already working in the proposed cadre
to be filled up may be furnished, including officers who are on
deputation to other departments; If ROR is applicable, names of
SC/ST/DAs ,their date of birth/retirement, working place may be
furnished.
lP.r.ol
 2

viii. for clear existing vacancies, detailed reasons for causing vacancies
i.e. retireme nt/death/d eputation /arising due to retirement/ promotion
in the panel may be furnished;
ix. Copy of DPC proceedings of previous panel/Review panel in
promotion category be enclosed;

x. Furnish detailed note with supported copies of orders regard to

disciplinary/criminal cases/ charges pending/ penalties with
latest status against each of the candidates coming under zone of
consideration;
xi. Furnish latest stage of Court Cases/orders passed, if any duly
enclosing copies of orders/interim orders with action taken thereon.

3' All the Departments of secretariat are therefore requested to comply

with the above instructions . and submit proposals in full strape
immediately, so as to enable this Department to place the proposals
before the Screening Committee/DpC for consideration.
H. ARUN KUMAR
SECRETARY TO GOVERNMENT (SER. & HRM)
To
All Special Chief Secretaries / principal Secretaries /
Secretaries to Govt., Departments of secretariat. (with a request to communicate
all HODS under their administrative control)
Copv to:
The PS to CS.
The PS to Secretary to Government (Ser.&HRM), GAD
All the Services Sections in G.A. Department.
SF/SCs
//FORWARDED:: BY ORDER// , \
N
r

Sol.ry-. S"l"ctoq..
sEqroN oFFrcER
V