ONE MAN COMMISSION-SIX POINT FORMULA-ANDHRA PRADESH-HEADED BY Mr. J.M. GIRGLANI, IAS (Retd.) Vol III
ONE MAN COMMISSION-SIX POINT FORMULA-ANDHRA PRADESH-HEADED BY Mr. J.M. GIRGLANI, IAS (Retd.) Vol III
ONE MAN COMMISSION-SIX POINT FORMULA-ANDHRA PRADESH-HEADED BY Mr. J.M. GIRGLANI, IAS (Retd.) Vol III
FINAL REPORT
VOLUME-III
SEPTEMBER, 2004
One Man Commission (SPF) 2 Final Report
In this Part of the Report the Commission has brought out 24 fresh
Findings of deviations under the existing Deviation Genres of Part- 1. I
have also included 34 Proceedings on the cases disposed during the
period of this Part and also added Appendices pertaining to this Part of
the Report. The Proceedings and Appendices in this Part are added to
Volume-III itself. The numbering of the Appendices and Proceedings of
this Part is in continuation of those of Part-1 in Volume-II. There are no
Annexures pertaining to this Part.
The Deviation Genres in this Part are the same as appear in Part-1
and the further Findings in this part are placed under the relevant original
Genres. The Findings are given the same serial number under the same
Genre, as in Part -1 adding an alphabet A/B/C/ to the Findings of this part.
The Remedial Action under each Finding in this Part is also similarly
given the same number under the same Genre adding the alphabet A/B/C/
to it. In this way the continuity of the Findings and the Remedial Actions
is ensured from Part-1 to Part-2.
One Man Commission (SPF) 3 Final Report
I have not chapterised this Part but kept all the Findings under the
concerned Deviation Genre numbers of Part-1. Notionally this Part is
Chapter 16, after the last Chapter 15 in Part-1. Hence paragraphs in this
Part have been numbered giving 16 as the first number with decimal
points.
Volume-III
FINAL REPORT
PART - 2
CONTENTS
Chapter-16:
Findings (In continuation of Part-1) 5 - 33
CHAPTER – 16
PRESIDENTIAL ORDER,
16.1.1 In the Preface I have explained why the Second Part of the Report is
being closed as of 10 May 2004 instead of doing so at the end of the
term of the Commission on 30-09-2004 . The reason may be reiterated
viz. that after 10-05-2004 a new Government will be formed. There
may be a call by the new Government at short notice for submission of
the Commission‟s Report. Therefore, it is being kept ready at this stage
as an anticipatory measure.
16.1.2 Here below I record my Findings during the period covered by this Part
of the Report:-
16.2.0 Finding 23-A Under the above Genre in Final Report SECTION-A,
PART-1, the Commission has shown how offices which should not be
One Man Commission (SPF) 6 Final Report
16.2.1 The Commission wanted to check up how many locals have been thus
adversely affected, and called for information from the offices of all the
existing Heads of Departments.
16.2.2 Only 52 existing HODs have responded. The results of this response are
given at Appendix No XVI.
16.2.3 This sample shows that in the posts below LDC level 81.1% are locals.
In the posts of LDC level only 41.4% are locals. In the Zonal posts
39.3% are locals. If we are to extrapolate from this sample it would
mean that in all the non-legitimate HODs 39% posts have been
lost to the locals in the LDC level posts, which is the largest category,
and similarly, 30% in the Zonal posts. This is based on the reservation
One Man Commission (SPF) 7 Final Report
16.2.4 This Finding is recorded to show that even the simple quantification
which can be done if the HODs co-operate and send the figures of the
staff in the Head Office, we could get an idea of the magnitude of
deprivation suffered by locals under this one single Genre of Deviation.
This particular Genre of Deviation adversely affects only the locals of
Hyderabad District and Zone VI unlike the other Genres under which
the deprivation could be in most of the Districts and almost all the
Zones excepting one or two which might have gained by the deviation.
16.2.5 Government may devise some means by which the HODs will co-operate
in giving information required by the Commission in matters of
Deviations. The best way is to form teams of Officers for a cluster of
Departments, who will go through the records and extract information. ●
REGIONAL OFFICES
16.3.0 Finding No.40-A The provision under Para 5 (2) (b) of the
Presidential Order has been adequately dealt with in GOP No.728,
G.A.(Six Point Formula .A) Department, dt: 01.11.1975 at Para 10
(b). This Para has been incorporated almost verbatim in AP Ministerial
Service Rules as Rule 16-A vide G.O.Ms.No. 803, G.A (Service. B) Dept.,
dt: 29.12.1980. This Rule has been mutilated
out of context and mis-applied for inter-zonal transfers within a
Region. ●
One Man Commission (SPF) 8 Final Report
16.3.1 One case has come to the notice of this Commission but it could be the
tip of an iceberg. Please see the Proceeding at Sl.No.99 and the letter
addressed to the Government in the matter at Appendix XVII.
16.3.2 Unequivocal instructions may be issued by GAD (Ser.) and SPF that this
Rule in the Ministerial Service Rules does not permit inter-cadre
transfers either between districts for district cadre posts or between
Zones for Zonal Cadre posts even within a Region. The Rule is only to
facilitate transfers between the Regional Office and the subordinate
offices and vice versa, as amplified in Para 10 (b) of the G.O.P. No. 728,
G.A (SPF) Department, dated 01-11-1975. ●
16.5.0 Finding No.47-A (a) It has come to the notice of this Commission
that in certain cases promotions were given to the Village
Development Officers, Grade-II to the posts of Village Development
Officers, Grade-I on the basis of the respective district seniorities to the
One Man Commission (SPF) 9 Final Report
vacancies in the district. It appears from the above that the promotions
have been based on district as a unit, not the Zone as contemplated
under the Presidential Order for all Zonal posts.
16.5.2 Perhaps this error has occurred because the A.P. Panchayati Raj
Subordinate Service Rules for the posts of Village Development
Officers (issued in G.O.Ms.No. 979, Panchayat Raj (Estt.VI)
Department, dated 08-11-1979) specify district as the “unit of
appointment”. It may be pointed out that “unit of appointment” is
different from “local area” as contemplated in Para 3 of the
Presidential Order. The seniorities of the V.D.Os, Grade-II may be
maintained district-wise, but when it comes to promotions to the
post of Village Development Officer, Grade-I, these district-wise
seniorities are to be integrated into a Zonal seniority and
promotions given on the basis of such seniority to the vacancies
within the Zone. In many departments “units of appointment” are
discrete parts of a Zone but when promotions are given to zonal
posts it is the zonal vacancies that are taken into account and the
seniorities of the various “units of appointment” are integrated into a
single zonal seniority.
One Man Commission (SPF) 10 Final Report
16.5.3 (b) It is also seen from the aforesaid Rules that these were issued on 8-
11-1979 and given effect to from 23.09.1975. The Government had
appointed One Man Commission of Sri Sundaresan, IAS (Retd.) to revise
all the Service Rules to bring them into conformity with the Presidential
Order. Perhaps this would have been done for these rules also, but the
revised Rules were not issued. The Rules as they stand carry a
provision under Rule 4 incorporating the provisions of the Presidential
Order which make these posts Zonal posts with 70% reservation for
locals under the Presidential Order. Notwithstanding the fact that the
rules are of 1979, the position in the Presidential Order as mentioned
herein above would remain unchanged and apply and override anything
to the contrary in the Rules.
16.5.4 (c) It is further seen that under G.O.Ms.No.369, P.R & R.D (Mandal-I)
Department, dt.12.12.2001 creating the posts of Village Secretaries the
position with regard to the Village Development Officers as mentioned
above would remain unchanged. ●
16.5.5 Please see the Proceeding at Sl.No.96 and the letter addressed to the
Government in the matter at Appendix XIX.
16.5.6 (a) All the promotions given right from the beginning of the
Presidential Order to the present day to the post of VDO Grade-I on
the district-wise basis have to be reviewed and looked into again in the
light of the above mentioned position.
One Man Commission (SPF) 11 Final Report
16.5.7 (b) All promotions from the posts of VDOs Grade-II to VDOs Grade-I and
subsequent promotion from those posts would have to be reviewed
accordingly, with necessary consequential action.
16.5.8 (c) It is high time that the Sundaresan Committee Report with regard to
these Rules is implemented and the Rules are revised accordingly. ●
TRANSFERS
16.6.0 Finding No. 48-A It was found from certain cases of Part-time Junior
Lecturers that their initial appointment was made in certain Zones
without observing the Presidential Order with regard to local area or
reservation of local candidates. Part-time appointment is also in the
nature of a direct appointment even though it is initially considered to
be temporary. ●
16.8.0 Finding No. 48-C The third violation took place when the regularized
Part-Time Junior Lecturers were “transferred” to their “native districts”
and were placed not in the last rank as per the Rules, but were given
One Man Commission (SPF) 12 Final Report
the rank with reference to a certain date – date of the issue of the
G.O.Ms.No. 259, Education, dated 12-10-1999 thus disturbing the
seniorities of those who were selected regularly by the Andhra Pradesh
College Service Commission / Andhra Pradesh Public Service
Commission. In fact they should have been appointed originally in their
local zones and if there was a vacancy, and not first appointed in the
Zones where they were non-locals and then transferred and given a
particular date. The whole process is in contravention of the Para 5 of
the Presidential Order and the General Rules. Even in the transfer
orders the word “native” is used and not a “local candidate”. Therefore
one does not know whether they were transferred, where they were
“local candidates” or where they were “natives” but not necessarily
“locals”. ●
16.8.1 Please see the Proceeding at Sl. No.70 and the Commission‟s letter
addressed to the Government at Appendix XX.
16.9.0 Finding No. 51-A Five cases of inter zonal transfers of Town Planning
Officers by the Director of Town Country planning of Andhra Pradesh,
Hyderabad have been effected in his Proceedings R.O.C.No. 1006/M2,
12345, dated 26-08-2003 when there was a ban on transfers. Even
when there is no ban inter zonal transfers require the permission of the
Government through the procedure in which the approval of the Hon‟ble
Chief Minister is necessary through G.A.D. and Finance Department. The
matter was brought to the notice of Secretary, G.A (SPF) Department by
this Commission. He has referred the matter to Secretariat Department
of Municipal Administration and Urban Development, but there has been
no response from them. As matters stand the transfers violate the
Presidential order and the procedures laid down by the Government
under Para 5(2) of the Presidential order. Also they are in violation of
the Government‟s ban on transfers. ●
16.9.2 After examining whether the Government had not relaxed the ban and
also whether the procedure was violated, the transfers may be reversed
and necessary action taken against the officers responsible. ●
been a provision for such transfers in the Service Rules, they would
have come under Para 5 (2)(a). Since they do not come under that it is
a clear violation of the Presidential Order. This is another example of
taking advantage of the exclusions under Para 14(b), as Head of
Department office is excluded from the Presidential Order. This has
given advantage to the transferred persons as an obvious case of
favouritism for accelerated promotion in the HOD office thereby
adversely affecting the legitimate seniority and opportunity for
promotion of those in the Head of Department office cadre. This case
indicates that this type of deviation may be taking place in other
departments also. ●
10.10.1 Please see the Proceeding at Sl.No.97 and the Commission‟s letter
addressed to the Government at Appendix XXII.
16.10.3 (2) The seniorities of the persons in the HOD office may be refixed
thereafter giving them consequential benefits.
16.10.4 (3) Clear instructions may be issued in this regard to all the
departments not to transfer people from the Zones to the Head of
Department or any other excluded organisation under Presidential Order
and vice versa unless there is a clear provision in the rules permitting
such transfers for very sound reasons. This will be in conformity with Para
5 (2)(a) of the Presidential Order. ●
One Man Commission (SPF) 15 Final Report
these posts in the Zones and thereby violating the Presidential Order
apart from violating all the Service Rules and Fundamental Rules and
Financial Code etc.
16.13.1 If the Department needs the post in Head of Department office they
should get them sanctioned for the Head office separately and not divert
them from the Zones. In the process the posts at the zonal or district
level should not be abolished or suppressed for this purpose. ●
16.14.0 Finding No. 73-A G.O.Ms.No. 572, Education Department dated 24-
05-1976, Government has ordered that five posts of Lecturers in the
Collegiate Cell of the SCERT, need not be taken into account for
computing the effective cadre strength of the local cadres but should be
treated as “floating posts” and be filled by rotation from different local
cadres equitably. This order is in deviation of the Presidential Order on
the following grounds.
16.14.1 (1) Neither the general service rules nor the F.R.s have any
concept like floating posts which have been described in the G.Os
One Man Commission (SPF) 18 Final Report
16.14.2 (2) This Institution is found to be in the G.S.R. 527,as a “State Level
Office” at Sl.No.30A. Obviously this position is subsequent to the
aforesaid G.O., which is of 1976. Even at that time this floating posts
concept violated G.O.P.728, G.A.(SPF-A) Department, dated 01.11.75.
After the inclusion of the organization in G.S.R.527 there was all the
more reason for the deputations in the organisation to be brought under
G.O.P.728 Para 9 (B) and 11. The “floating posts” order deleted by the
Government. But this did not happen and the violation of the
Presidential Order continues from the date of this G.O. and is further
aggravated after inclusion of the Institute under G.S.R. 527.
16.14.3 (3) What makes this Finding poignant is that one single person has been
continuing in a “floating post” for the last six years and she is alleged to
be the wife of an important officer of the Department of School
Education. Even a normal deputation is for three yeas. Neither the
principle of equitable fair share of Para 9 B and 11 of G.O.P. 728 nor
even the rotation and equitable principle of the G.O. of “Floating posts”
has been respected in the case of this favoured lady. ●
16.14.5 The existing deputationists who have completed three years may
be replaced and deputationists may be taken on equitable basis
One Man Commission (SPF) 19 Final Report
under Para 9(B) and 11 of G.O.P.728, dated 01.11.75 from other Zones
particularly those Zones which have not got the opportunity so far. ●
16.15.1 In this connection we have also cited one case in Proceedings at Sl.
No.58 of Volume II.
16.15.2 Further correspondence in this case brought forth a letter from the
Secretariat Department of Irrigation and Command Areas that the
person wrongfully brought and kept on deputation cannot be
repatriated because 14 persons in that same Division IV of Special
Designs Circle (in the city) were working “on other duty” and would
have to be repatriated. This Division IV of Special Designs Circle is
located in the city and is therefore misused for bringing persons
from other Zones who want to come to the city. There is no other
reason for having 14 persons out of the working strength of 16
non-engineers, which includes mostly ministerial staff and
Draughtsmen, to be on other duty. This is a violation of the
Presidential Order apart from being violation of the normal staffing
practices. The deplorable part of it is that it is from the Secretariat
Department that the letter has come in this regard saying that the
people on other duty cannot be repatriated because almost the
entire division will remain unmanned. The proper course of
One Man Commission (SPF) 20 Final Report
16.15.3 All the persons on other duty should be immediately sent back and the
post filled by direct recruitment/promotions as the case may be. The
local candidates of Hyderabad District and Zone VI have been deprived
of these posts for as long as the persons from other Zones on other duty
have been there. This should not be permitted to continue any longer
and strict instructions should be issued to prevent such malpractices,
which affect the interest of local candidates and violate the Presidential
Order through this pernicious device of “other duty”.
16.15.4 Perhaps the Govt may also consider taking action against those who are
responsible unless it has been permitted at the Government level itself.
In the latter case, the Secretariat Department may specifically record
Government‟s decision against this pernicious device and communicate
it to all the departments and particularly to all the officers of the
Irrigation and Command Area Department. ●
16.16.0 Finding No. 86-A The work-charged employees have not only been
appointed in disregard of the Presidential Order and continue to be
treated as out-side the Presidential Order, but are being transferred
from anywhere to anywhere, regardless of their local status. This results
in the seniorities of the other work-charged employees being adversely
affected apart from the violation of the Presidential order already
inherent in the system, being further compounded. ●
16.16.1 A specific case on this issue that has come to light shows that three
work- charged Work Inspectors of Zone II, one of Zone V and one of
Zone III have been transferred to Zone VI. Please see the Proceeding at
Sl.No.98 and the Commission‟s letter written to the Government at
Appendix XXVII.
16.16.2 (a) Until the work- charged employees are brought under the
Presidential Order and posted in the Zones in which they are locals, no
transfers should be affected.
16.16.3 (b) In the specific case above, those transferred should be sent back to
their original positions or to their respective local zones if there are
vacancies there. ●
One Man Commission (SPF) 22 Final Report
16.17.1 (a) Obtaining the orders of Government of India for the inclusion of the
post of Horticulture Officer in Specified Gazetted Category (Third
Schedule) with retrospective effect.
One Man Commission (SPF) 23 Final Report
16.18.0 Finding No. 97-B Some posts that were non-gazetted on 18-
10-75 and were gazetted thereafter, continue to be treated as Zonal
posts and also with reservation of 70% in direct recruitment. In Principle
this is in conformity with the Commission‟s basic view regarding
immutability of the original character of a post after passing of the
Presidential Order. But this principle has to be given effect only through
proper legal action under the presidential Order. Where it is done
without the legal course of action, however desirable, the action has
been all along illegal. After gazetting, the post becomes a State level
post under the Presidential Order and loses its reservation.
One Man Commission (SPF) 24 Final Report
16.18.1 Secondly, after gazetting, the post should cease to be under Sub-
ordinate Service Rules and there should be either adhoc or regular
Service Rules for the post. ●
16.18.2 This has come to notice through the case of Industrial Promotion Officer
of the Department of Industries and Commerce which was gazetted with
effect from 21.01.98 but continues in the Andhra Pradesh Industries
Sub-ordinate Service Rules. It also continues to be treated as a Zonal
post with 70% reservation for direct recruitment.
16.18.3 It is likely that more cases of this type exist. With some variation two
other cases have come to light already and are included under Finding
No. 124 in SECTION–A, PART-1 of the Report (Volume-I) and Finding
No. 97-A above.
16.18.4 Therefore the proper course of action has to be laid down when the
posts are gazetted. We have already given some extensive suggestions
in our Remedial Action (XXV) in SECTION-A, PART-1 of the Final
Report. However we would like to suggest the following course of action
to legally operationalise the suggestion made therein:
16.18.5 Add the following as sub-para (9) under Para 8 of the Presidential
Order :-
provision shall be valid with effect from 18.10.1975 i.e. the date of
promulgation of the Presidential Order.”
16.18.6 In Sub-para (j) of Para 2(1) of the Presidential Order after the words
„Central Government‟ the following provision shall be added:
“Provided that all the posts that have been gazetted after 18.10.75 from
among the non-gazetted posts, shall be deemed to be included under
the Third Schedule of the Presidential Order with effect from the date of
gazetting”.
16.18.7 All the posts Gazetted after 18-10-75 should be removed from the Sub-
ordinate Service Rules and separate Service Rules for each such post
should be made. ●
COMPASSIONATE APPOINTMENTS
Deviation Genre No. XII
Order should apply. This has not been done in the Government orders
cited above. ●
16.19.1 In continuation of the above orders Government may issue orders that
the candidate should be appointed only to a place where he is local
under the Presidential Order apart from the stipulation that he/she
should be appointed to a vacancy in the same department only. ●
MISCELLANEOUS DEVIATIONS
had not been set right by the Government on a reference from this
Commission, would have led to a very ridiculous situation and upset the
entire scheme of the Presidential Order. ●
16.21.1 Fortunately the Secretary, GAD (SPF) set the matters right through
U.O.Note, which may be seen at Appendix XXXI. The reference of this
Commission may also be seen at Appendix XXXII.
16.21.3 As has been pointed out in the main report there has to be a Nodal
Department preferably G.A (SPF) Department which should give all the
interpretations. No department should interpret any thing in the
Presidential Order on its own without clearance from the G.A (SPF)
Department, which should carefully examine the ramifications of the
interpretations. The power of interpretation is a very powerful
instrument that should be exercised by the highest authority, with
circumspection. Otherwise a whole legislation can be brought to
nought. In the legal system this is called judge made law and only at
the apex level it gets finality. ●
One Man Commission (SPF) 28 Final Report
16.22.2 This is a glaring case of Presidential Order being given the go-by in the
process of gazetting of non-gazetted posts and re-designated of posts.
Hence the following findings:
16.23.0 Finding No.126-B The post of Associate Lecturer having been created
to replace two non-gazetted categories, should have continued to enjoy
the Zonal status as well as 70% reservation for locals regardless of
being gazetted and regardless of later re-designation as Lecturer. The
principle of immutability of a post under Presidential Order mentioned in
the SECTION-A, PART-1 of the Report should have been applied, after
obtaining Government of India‟s orders. ●
One Man Commission (SPF) 29 Final Report
16.24.0 Finding No.126-C The original post of Lecturer which was in the Third
Schedule having been re-designated in 1998 as “Senior Lecturer” ceased
to be a part of Third Schedule by that re-designation, unless the
amendment was issued to Third Schedule. It had also become the
second gazetted post after the Associate Lecturer‟s post was created.
Now, having ceased to be in the Third Schedule since 1998 it should be
included in Third Schedule by the new designation retrospectively in
1998. ●
16.24.1 All the recruitments and promotions to the post of Associate Lecturers
up to 1998 and as Lecturers (after re-designation from 01.01.1998
onwards) should be reviewed treating the post as Zonal with 70%
reservation for locals. This can be done only after Orders of
Government of India on the general issue where it is suggested to the
Government that the order may be obtained from the Government of
India that all posts gazetted after 18.10.1975 retain retrospectively their
Zonal/multi-zonal character as the case may be in as far as local area is
concerned and 70% reservation which was enjoyed by them prior to
gazetting. (Vide Para 8.9.0 (c) under Remedial Action XXV and
Appendix VI in Volume-II and Remedial Action XXV-A herein above).●
16.25.1 Please see this Commission‟s letter on the issue at Appendix XXXIII.
16.25.2 Follow the procedure laid down under Para 4(2) of the Presidential
Order and subsequently treat the institution like any other Government
Organisation under the Presidential Order. Necessary transfers may be
effected after the action under Para 4(3) is taken, to bring in local
candidates. ●
16.26.0 Finding No. 126-E There may not be many Departments that
have no Service Rules. Civil Supplies Department is one such
Department. The Rules seem to be pending finalisation for years.
Even the One Man commission of Sri Sundaresan IAS (Retd) had
given its recommendations about 13 yrs ago. For the time being
some GOs have been serving the purpose of rules. Under the
Presidential Order the problem arises out of the fact that
promotions to the posts of Civil Supplies Dy. Tahsildars take place
from among the Senior Assistants of two excluded organisations of
the department namely Head of Department (under Para 14 (b)
and Chief Rationing Office (G.S.R.526 (E) issued under sub para
(1) of Para 2 of Presidential Order. These posting though on
promotion are made as “appointment by transfer” from excluded
organisations to Zones and are governed by Para 5 (2) (a) of the
One Man Commission (SPF) 31 Final Report
Presidential Order which requires that these can be done only if there is
a provision in the rules. In the absence of the rules one would not know
how to justify these appointments by transfer. ●
16.26.1 There is another problem that all appointments by transfer which are
really in the nature of promotions have been held by the Supreme Court
to be violative of the Presidential Order as they are not covered by Para
5 (2) of the Presidential Order. This is a general problem which applies
to all the departments and Government have to find a solution to this
problem.
16.26.2 (1) The Service Rules of Civil Supplies Department should be finalised in
terms of Sundaresan committee report without further delay to validate
the promotions retrospectively and to be applied prospectively.
16.26.3 (2) In case the appointment by transfers of Dy. Tahsildars is hit by the
Supreme Court judgement, which has been mentioned in our report
part-1 Finding No.50, the general solution that may be found under that
Finding may be applied to Civil Supplies Department also. ●
16.27.0 Finding No. 126-F It is found in the case of Civil Supplies Dept,
Treasuries and Accounts Department, State Audit Department and
some other Departments that their Service Rules have not yet been
revised on the basis of the recommendations of the One Man
One Man Commission (SPF) 32 Final Report
Conclusion
16.28.0 In this Part of the Report which covers the period from 01-10-2003 to
30-09-2004, no new Genres of Deviations have surfaced, but under the
existing Genres of Part-1, 24 new Findings under 11 different Genres of
Deviations have come to the fore which have gone into this Part of the
Report.
16.28.2 Thirty years after the Presidential Order, a whole generation has
changed not only in society but also in the government set-up. Lack of
awareness, and even oblivion of the Presidential Order is therefore not
surprising. Many deviations are also traceable to this factor. The
Commission has suggested holding of Workshops involving Officials at
all level, separately, to refresh their knowledge and sharpen their
awareness and understanding, of the Presidential Order on Services.
The Commission‟s Report itself can be used as course material.
APPENDICES
One Man Commission (SPF) 35 Final Report
APPENDICES
INDEX
XV D.O.Lr.No.4/Genl.I/OMC-QNR/03,Dt.07-11-2003 41 - 42
XVIII D.O.Lr.No.11/OMC/MTGS/MA&UD/2001, 47 - 48
Dt.20-01-2004
XIX Lr.No.06/89/OMC(SPF)/B2/2001, Dt.06.05.2004 49 - 51
XX Lr.No.06/74/OMC/B1/2001, Dt.06-05-2004 52 - 55
XXI D.O.Lr.No.11/OMC/B2-(TEA)/2003,Dt.29-9-2003. 56
XXXVII Lr.No.11/OMC/LET&F/LO(Enf.)B1/2004,
Dt.01-09-2004 93 - 94
Appendix - XIII
ESTABLISHMENT – Six Point Formula – A.P. Public Employment (OLC & RDR)
Order, 1975 – Implementation of G.O.Ms.No.610, General Administration (SPF-
A) Department, dated 30-12-1985 – One Man Commission with Sri J.M. Girglani,
IAS., (Retd.) – Constituted – Extension of term of office of One Man Commission
for a period of six months with effect from 1-10-2003 to 31-03-2004 – Order –
Issued.
------------------------------------------------------------------------------------------
G.O.Rt.No.4762, Dated:9-10-2003.
ORDER:
2. The period of extension will also apply to Sri P. Mohal Lal, Ex-Officio Joint
Secretary and OSD to the Commission on contract basis. The Secretariat
assistance provided to the Commission will also be continued till 31.3.2004.
5. This order issues with the concurrence of Finance Department vide their
U.O.No.7329/244/Expr.GAD.I/A1/03, dated 1-10-2003.
B. ARAVINDA REDDY
SECRETARY TO GOVERNMENT (SER.)
To
Sri J.M. Girglani, IAS., (Retd.), H.No.7-1-69/2, (New 640), Dharamkaram Road,
Ameerpet, Hyderabad.
Copy to:
The P.S. to Prl. Secretary to C.M. w.r.t.3810/N/CMP/2003, dated 29-9-2003.
The P.S. to Chief Secretary to Government.
The P.S. to OMC (SPF), K.Block, Secretariat, Hyderabad.
The P.S. to Secretary to Govt., (Ser.), Genl. Admn. Dept.
The Accountant General, A.P., Hyderabad.
The Pay & Accounts Officer, Hyderabad.
The Dy. Pay & Accounts Officer, Secretariat Branch, Hyderabad
The G.A. (Claims A, B, C, OP.I, II, III, IV, SB) Department
ST/SC
//FORWARDED BY ORDER//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 39 Final Report
Appendix - XIV
ESTABLISHMENT – Six Point Formula – A.P. Public Employment (OLC & RDR)
Order, 1975 – Implementation of G.O.Ms.No.610, General Administration (SPF-
A) Department, dated 30-12-1985 – One Man Commission with Sri J.M. Girglani,
IAS., (Retd.) – Constituted – Extension of term of office of One Man Commission
for a period of six months with effect from 1-4-2004 to 30-09-2004 – Order –
Issued.
------------------------------------------------------------------------------------------
G.O.Rt.No.1644. Dated:7-4-2004.
***
ORDER:
(Retd.) as One Man Commission (Six Point Formula) for a further period of six
months with effect from 1.4.2004 to 30.9.2004.
2. The period of extension will also apply to Sri P. Mohal Lal, Ex-Officio Joint
Secretary and OSD to the Commission on contract basis. The Secretariat
assistance provided to the Commission will also be continued till 30.9.2004.
5. This order issues with the concurrence of Finance Department vide their
U.O.No.2466/FS(R&E)/04, dated 31.03.2004.
B. ARAVINDA REDDY
SECRETARY TO GOVERNMENT (SER.)
To
Sri J.M. Girglani, IAS., (Retd.), H.No.7-1-69/2, (New 640), Dharamkaram Road,
Ameerpet, Hyderabad.
Copy to:
The P.S. to Prl. Secretary to C.M. w.r.t. the note.
The P.S. to Chief Secretary to Government.
The P.S. to OMC (SPF), K.Block, Secretariat, Hyderabad.
The P.S. to Secretary to Govt., (Ser.), Genl. Admn. Dept.
The Accountant General, A.P., Hyderabad.
The Pay & Accounts Officer, Hyderabad.
The Dy. Pay & Accounts Officer, Secretariat Branch, Hyderabad
The G.A. (Claims A, B, C, OP.I, II, III, IV, SB) Department
ST/SC
//FORWARDED BY ORDER//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 41 Final Report
Appendix XV
D.O.Lr.No.4/Genl.I/OMC-QNR/03, dt.07-11-2003
Dear
The Government have also desired that the Commission dispose of the
representations received by it. Some of the representations are still pending for
want of reports from the Departments.
The Commission will also be writing to you to work out the effect of the
deviations, which it will communicate to you, in each local cadre (district/zone)
so that the exact impact of the deviations would be clear for all the local areas of
the whole state to leave no room for any speculation or doubt. This would put
the report in a proper perspective.
One Man Commission (SPF) 42 Final Report
Please take urgent action and ask your Heads of Departments to send
their reports without any further delay. It would be necessary also to convene a
meeting of the Heads of Departments for getting quicker results.
Yours sincerely,
Sd/-
(MOHAN KANDA)
To
The Special Chief Secretaries, Principal Secretaries and Secretaries to the
Government, Government of A.P, Hyderabad.
One Man Commission (SPF) 43 Final Report
Appendix XVI
Appendix XVII
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat, Hyderabad.
To
The Secretary to Government (Services),
General Administration Department,
A.P. Secretariat, Hyderabad.
Sir,
* * *
29.12.1980. But the transfers made from one College to another though within a
Zone or District did not have the sanction of Presidential Order under that Rule.
The Commission has examined the issue in consultation with the Director
of Collegiate Education and took a view that in respect of “Regional Offices” the
provision under Para 5 (2) (b) of the Presidential Order has been adequately
dealt with in GOP No.728 dt: 01.11.1975 at Para 10 (b). This Para has been
incorporated almost verbatim in AP Ministerial Service Rules as Rule 16-A vide
G.O.Ms.No. 803, G.A (Services. B) Dept., dt: 29.12.1980. This Rule has been
mutilated out of context and mis-applied for inter-zonal transfers within a
Region. One case has come to the notice of this Commission but it could be the
tip of an iceberg.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XVIII
D.O.Lr.No.11/OMC/MTGS/MA&UD/2001- , Dt.20-01-2004
Dear
***
Kindly refer the references cited. At the meeting held with the Municipal
Administration and Urban Development Department and Heads of Departments
under their control on 23rd January, 2003 an important issue came up, the gist
of which is given below. These were already communicated.
government department or local bodies, the Government may take a view and if
they consider it expedient, may write to Government of India to extend the
application of Presidential Order to other Urban Development Authorities on par
with HUDA as statutorily they are all on par, being the creations of the same
Act.”
It appears that the reason why the other Urban Development Authorities
were not included in the Presidential Order is simply that they did not exist at
the time of the Presidential Order while HUDA did. Therefore it is logical to
extend to these authorities the same provisions of the Presidential as applies to
HUDA. I request you to kindly take up the matter with the Government of India
through General Administration (SPF) Department and obtain the necessary
consent of the Government of India to such a proposal.
Kindly take necessary action in the matter. I shall be thankful if you kindly
keep the Commission informed so that on this issue the latest position can be
included in my Report.
With regards,
Yours sincerely,
Sd/
(J.M.GIRGLANI)
Sri S.R.RAO, IAS
Principal Secretary to Government
M.A. & U.D. Department
A.P. Secretariat
Hyderabad.
Copy to
1). Sri B.Arvinda Reddy, IAS, Secretary to Government, G.A. (Services & SPF)
Department with the same request.
2). Report File.
One Man Commission (SPF) 49 Final Report
Appendix XIX
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government (Services & SPF),
General Administration Department,
A.P. Secretariat, Hyderabad.
Sir,
* * *
Sri Nori Kama Sastry, V.D.O., Buttyagudem Mandal, West Godavari
District represented that in East Godavari and Krishna districts promotions were
given to the Village Development Officers, Grade-II to the post of Village
Development Officer, Grade-I on the basis of the respective district seniorities,
to the vacancies in the district, thus depriving him of his seniority in the
promotion to the post of Extension Officer, Panchayats since his juniors from
other Districts in the Zone stole a march over him.
It appears from the above that the promotions have been based on district
as a unit confining the promotions to district vacancies and on the basis of
district seniority.
the post of VDO, Grade-I district-wise on the basis of district seniorities and for
district vacancies is a contravention of the Presidential Order.
Perhaps this error has occurred because the A.P. Panchayati Raj
Subordinate Service Rules for the posts of Village Development Officers, specify
the “District” as “unit of appointment”. “Unit of appointment” is different from
“local area” as contemplated in Para 3 of the Presidential Order. The seniorities
of the V.D.O, Grade-II may be maintained district-wise, but when it comes to
promotions to the post of Village Development Officer, Grade-I, these district-
wise seniorities are to be integrated into a Zonal seniority and promotions given
on the basis of such seniority to the vacancies within the zone. In many
Departments “units of appointment” are discrete parts of a zone but when
promotions are given to Zonal posts, it is the Zonal vacancies that are taken into
account and the seniorities of the various “units of appointment” are integrated
into a single Zonal seniority.
It is also seen from A.P. Panchayat Raj Subordinate Service Rules for the
posts of Village Development Officers, that the rules are of 1979 given effect to
on 23.9.75. The Government had appointed One Man Commission of Sri
Sundaresan,IAS(Retd.) to revise all the rules to bring them into conformity with
the Presidential Order. Perhaps this would have been done for these rules also.
If that is so it will be better to implement the Sundaresan Committee Report
with regard to these rules and revise them accordingly. The Rules as they stand
carry a Provision under Rule 4, incorporating the provisions of the Presidential
Order which made them Zonal Posts with 70% reservation for locals.
Notwithstanding the fact that the rules are of 1979, the position in the
Presidential Order as mentioned herein above would remain unchanged and the
review of the promotions whenever to be undertaken is to be done, followed by
the consequential follow-up action.
One Man Commission (SPF) 51 Final Report
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XX
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government (Services & SPF),
General Administration Department,
A.P. Secretariat,
Hyderabad. (w.e)
Sir,
* * *
The third violation took place when the regularized Part-time Junior
Lecturers were “transferred” to their “native districts” and were placed not in the
last rank as per the Rules, but were given the rank with reference to a certain
date - date of the issue of the G.O.Ms.No. 259, Education, dated 12-10-1999
thus disturbing the seniorities of those who were selected regularly by the
APCSC/APPSC. In fact they should have been appointed originally in their Local
Zones and if there was a vacancy, and not first appointed in the Zones where
One Man Commission (SPF) 53 Final Report
they were non-locals and then transferred and given a particular date. The
whole process is in contravention of the Para 5 of the Presidential Order and the
General Rules. Even in the transfer orders the word “native” is used and not a
“local candidate”. Therefore one does not know whether they were transferred,
where they were “local candidates” or where they were “natives” but not
necessarily “locals”.
Hence, I would request you to look into this matter and ensure the issue of
necessary instructions in the case of all Part-time Junior Lectures regularized or
yet to be regularized, for a review as the regularization should take place on the
basis of their “local status” only in the vacancies in the Zones in which they are
locals. Part-time appointment and regularization are also in the nature of a
direct appointments even though it is initially considered to be temporary.
Necessary consequential action of fixing seniority etc. may be taken after such a
review. Non-regularized Part-time Junior Lecturers may also be reshuffled so
that only local candidates occupy the posts.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Commissioner of Intermediate Education,
Near Latha Talkies,
Nampally,
Hyderabad.
Sir,
* * *
I therefore, request you to take necessary action in the matter, and review
the order accordingly under intimation to the Commission.
Yours faithfully,
Sd/-
for One Man Commission (SPF)
Appendix XXI
Dear
With regards,
Yours sincerely,
Sd/-
(J.M.GIRGLANI)
Sri B.ARVINDA REDDY, IAS
Secretary to Government
G.A.(Service & SPF) Department
A.P. Secretariat, Hyderabad. (w.e)
One Man Commission (SPF) 57 Final Report
Appendix XXII
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
General Administration (Services) Department,
A.P. Secretariat,
Hyderabad.
Sir,
Sub: OMC (SPF) – Treasuries and Accounts Department – Certain transfers
to HOD in violation of Presidential Order – Clarification – Reg.
***
In a case of an individual representation from the Department of
Treasuries and Accounts it has been observed that certain individuals were
appointed by transfer from Branch Offices from different districts, on request/ on
tenure basis, in the Office of the Head of Department. The Government in
Finance Department have permitted their retention in the Head Office from the
date of their joining in the Director of Treasuries and Accounts and subsequently
on a proposal from the Director of Treasuries and Accounts, have also permitted
the Director of Treasuries and Accounts to fix the seniority of those individuals
as per their dates of completion of probation in their respective branch offices in
the Districts vide Memo.No. 16687/548/Admn.I/83, Finance Department, dated
15.12. 1984. This decision created objection from the employee who was
allotted to the Head of Department, by the APPSC much ahead of their date of
joining the Head of Department Office.
The Commission discussed the issue in detail with the Officials of the O/o.
Directorate of Treasuries and Accounts and found that the transfer of persons
which was done on their request was ab initio violative of the Presidential Order
and also violative of the Rule 3 of the A.P. Treasuries and Accounts Subordinate
Service Special Rules as there was “nil panel” of vacancies in the year of their
transfers to Head Office, as informed by the Joint Director. There is no other rule
for transfer in their Service Rules that could save such transfer under Para 5(2)
(a) of the Presidential Order.
One Man Commission (SPF) 58 Final Report
These issues are to be looked into and necessary remedial action taken
and instructions issued.
It was also found that the Service Rules of the Treasuries and Accounts
Department have not yet been revised on the basis of the recommendations of
the One Man Commission of Sri Sundaresan, IAS (Retd.) which were formulated
in conformity with the provisions of the Presidential Order. The Treasuries and
Accounts Department are following the Rules issued in 1963 vide G.O.Ms.No.
201, Finance (Administration) Department, dated 08.03.1963. If the revision of
Service Rules in accordance with the Sundaresan Commission‟s report is
finalized in the department many anomalies and deviations that one comes
across may be avoided.
I am to request you to give a special drive for the revision of the Service
Rules in accordance with Sundaresan Commission report.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Copy to
The Secretary to Government,
Finance (Admn.) Department
The Director,
Treasuries and Accounts Department,
A.P., Hyderabad.
One Man Commission (SPF) 59 Final Report
Appendix XXIII
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
G.A (Services & SPF) Department,
A.P. Secretariat,
Hyderabad.
Sir,
Sub: OMC (SPF) – I&PR Dept. – Representation submitted on violation
of SPF and G.O.No.610 in I&PR Dept. – Reg.
It is seen in the case of I & PR Department that while there are no posts
created at any time in the office of the HOD, the office of the Head of
Department have been using posts of DPROs, Dy. E.I.Es A.E.I.Es, Divl. PROs,
A.P.R.Os, A.I.Es, Inf. Technicians and Cine-Operators by taking them from the
subordinate offices at random. In the G.O.Ms.No. 554 G.A (I & PR) Department
dated 15-07-76 issued for organization of local cadres in the Department,
however, some of these posts were added to the sanctioned strength of the
Head Office. The issue is that there cannot be “deputation” from subordinate
offices to the head office to posts which are not in the sanctioned strength of the
Head Office. Deputation can only be to sanctioned posts.
2. As per the report of the Director of I & PR, the following posts were
sanctioned as “tenure posts” in the aforesaid G.O. and the numbers indicated
One Man Commission (SPF) 60 Final Report
against each post shows the number of posts sanctioned in the G.O. and the
number of posts being utilized in that particular category respectively:-
i) DPROs - 2 - 5 Posts
ii) Dy. E.I.Es - 1 - 2 Posts
iii) A.E.I.Es - 3 - 3 Posts
iv) Divl. PROs - Nil - 6 Posts
v) A.P.R.Os - 10 - 9 Posts
vi) A.I.Es - 6 - 5 Posts
vii) Inf. Technicians - 1 - 1 Post
viii) Cine-Operators - 3 - 3 Posts
As may be seen above the posts of Divl. PROs were not sanctioned in the
G.O.Ms.No.554 but are being utilized in the HOD. As for the other posts the
posts are either utilized in excess of the sanction or less than the sanction,
giving indication of deviation.
3. The Director I&PR Department has also submitted that after organization
of local cadres, all appointments/recruitments to the various categories of posts
in the local cadre have been regulated in accordance with Presidential Order. But
certain categories of posts which are existing in the Directorate and which have
been localized into zonal cadres are treated as “tenure posts” for drawal of
candidates from the respective zones.
4. The Director, I & PR has further stated that the posts being filled in the
Directorate on “tenure basis” from the candidates of those zones only on
obtaining their willingness duly taking into consideration the administrative
requirements in the Directorate.
6. Hence, I request you to kindly advise the Director, I & PR that his action is
not only untenable from the point of view of service rules, FRs and budget
aspects but, as far as this Commission is concerned, it is violative of Presidential
Order. This matter may kindly be got set-right. If the Department needs the
posts in HOD office they should get them sanctioned for the Head Office
separately and not divert them from the zones. Otherwise such posts cannot be
One Man Commission (SPF) 61 Final Report
utilized in the Head Office. As you are aware in Excise Department shifting of
posts to other zones was objected to by the House Committee and the
Government reversed the shifting.
Yours faithfully,
Sd/-
One Man Commission (SPF)
One Man Commission (SPF) 62 Final Report
Appendix XXIV
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
G.A. (SPF) Department,
A.P. Secretariat,
Hyderabad.
Sir,
* * *
transfer of posts from the zones to the Head Office depriving the zones of these
posts and their local candidates of direct recruitment & promotions to these
posts. Similarly, promotions to such non-existent posts from within the Head
Office is wrong from the point of view service rules and FRs. From the
Presidential order point of view such promotion is wrong because these are zonal
posts and not head office posts and therefore if any promotion is to be given it
should be in the zones and not from out of the head office staff.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Copy to
Appendix XXV
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government (Services),
General Administration Department,
A.P. Secretariat,
Hyderabad.
Sir,
* * *
The issue has been examined by this Commission in detail and it was
found that in G.O.Ms.No. 572, Education Department, dated 24.05.1976,
Government has ordered that five posts of Lecturers in the Collegiate Cell of the
SCERT, need not be taken into account for computing the effective cadre
strength of the local cadres but should be treated as “Floating Posts” and be
filled by rotation from different local cadres equitably. Neither the general
service rules nor the F.R.s have any concept like “Floating Posts” which have
been described in the G.Os as the posts to which the persons in that category
can be appointed by rotation.
The SCERT has been included in the G.S.R. 527,as a “State Level Office” at
Sl.No.30A. Obviously this position is subsequent to the afore- said G.O. which is
One Man Commission (SPF) 65 Final Report
of 1976. Even at that time this floating posts concept violated G.O.P.728 dated
1.11.75. After the inclusion of the Organization in G.S.R.527 deputations in the
organization come squarely under G.O.P.728 Paras 9(B) and 11. The “Floating
Posts” becomes invalid. But it was not deleted and the violation of the
Presidential Order continues from the date of this G.O. and is further aggravated
after inclusion of the Institute under G.S.R. 527.
What makes this issue poignant is the grievance that one single person
has been continuing in a “Floating Post” for the last six years and she is alleged
to be the wife of an important officer of the Department of School Education.
Even a normal deputation is for three years. Neither the principle of equitable
fair share of Paras 9 B and 11 of G.O.P. 728 nor even the rotation and equitable
principle of the G.O. of “Floating Posts” has been respected in the case of this
favoured lady.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXVI
From
J.M.Girglani, IAS.,(Retd.)
One Man Commission
„K‟- Block, Room No. 320,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government (SPF),
General Administration Department,
A.P. Secretariat,
Hyderabad.
Sir,
Sub: OMC (SPF) – Violation of Six Point Formula – “Transfer through OD
device” to circumvent Presidential Order – Issue of instructions - Reg.
An Employee may be sent on “Other Duty” only for a very short period for
a specific purpose, normally in the case of a contingency or an administrative
exigency. He goes on other duty to one particular post but only to perform
duties for a given period. His salary is drawn in his original post and there is no
lien or any such thing involved. It is neither a transfer nor a deputation nor is it
an appointment as an Officer on Special Duty. It is just a working arrangement.
It should not affect the person‟s own service and position or any other persons
services & positions in any respect. His services belong to his original post. He
has no right to seniority or promotion in a post where he works on OD. The OD
One Man Commission (SPF) 67 Final Report
cannot be used as a camouflage for transfer. His promotion in the post where he
is on OD is invalid.
This Commission has gone into this aspect in depth, conducted meetings
with the Officials of Secretariat Departments and Heads of Departments and
issued Proceedings on the petitions received from certain individuals and Unions.
Copies of the Proceedings issued by this Commission in this regard which have
already been marked to the GAD and the concerned Departments are enclosed
herewith.
Yours faithfully,
Sd/-
for One Man Commission (SPF)
Copy to:
The Principal Secretary to Govt.
I&CAD Department (Irrg. Wing)
A.P. Secretariat,
Hyderabad.
One Man Commission (SPF) 68 Final Report
Appendix XXVII
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
General Administration (Ser.) Department,
A.P. Secretariat,
Hyderabad.
Sir,
The issue has been examined by the Commission in consultation with the
P.R. Department, and the Engineer-in-Chief (PRED).The (i/c) Engineer-in-Chief
(PRED) and Ex-Officio Joint Secretary to Government PR & RD Department
categorically reported that the transfers effected in respect of these Work
Inspectors from other Zones to Zone VI has no sanction of the Government
One Man Commission (SPF) 69 Final Report
which is a serious violation of Presidential Order and against all the existing
instructions of the Government.
In the circumstances this Commission held that the transfers of these five
Work Inspectors are in violation of the Presidential Order and hence they are to
be repatriated to the Zones in which they are locals.
I further request to look into this aspect wherein the Presidential Order
has been ignored totally since the beginning. Hence this Commission suggests
that:
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXVIII
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The A.P.C. & Prl. Secretary to Government,
Agri. & Coop. (Horti.) Department,
A.P. Secretariat,
Hyderabad.
* * *
The Commissioner & Director of Horticulture reported that, the Horticulture
Department, on bifurcation from the Department of Agriculture, came into
existence on 01-01-82 and no posts were made gazetted in the Department of
Horticulture after 18-10-1975. As per A.P. Horticulture Service Rules, the post of
Horticulture Officer is the first level Gazetted and Zonal cadre post and the post
of Asst. Director of Horticulture is second level Gazetted and a State cadre post.
The post of Asst. Director of Horticulture is being filled up by promotion from the
category of Horticulture Officers on State-wide basis. However, the Department
has suggested that the post of Horticulture Officer also may be made a State
cadre post.
Schedule Sl.No.3-A) and the post has also been categorized along with the posts
of Tahsildar, Assistant Executive Engineer, Inspector of Police and Motor Vehicle
Inspector for 60% reservation under Para 8 (3) of the Presidential Order.
Hence, the post of Horticulture Officer should also „ifso facto‟ be similarly
brought under the 60% reservation along with the posts specified in Para 8 (3)
of the Presidential Order, retrospectively with effect from the date of its
designation as A.H.O. Otherwise its description in the Service Rules as a Zonal
post would be legally in contravention of the Presidential Order. To validate this,
retrospective inclusion in the Third Schedule of Presidential Order is suggested.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXIX
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
General Administration (Services & SPF) Department,
Secretariat,
Hyderabad.
Sir,
Sub: OMC - SPF – Posts Gazetted after Presidential Order – Further
clarification – Reg.
Ref:1.OMC (SPF) Lr.No..06/86/OMC/A.1/2002-1, dt.01-11-2002.
2.OMC (SPF) D.O.Lr.No.06/86/OMC/A1/2002-2, dated 21-05-2003.
***
Kindly refer to the correspondence cited. Some posts that were non-
gazetted on 18-10-75 and were gazetted thereafter, Continue to be treated as
zonal posts and also with reservation of 70% in direct recruitment without any
orders from Government of India. In principle, this is in conformity with the
Commision‟s basic view regarding immutability of the original character of a post
after passing of the Presidential Order. But this principle has to be given effect
only through proper legal action after obtaining Government of India‟s Orders
under the Presidential Order. Where it is done without the legal course of action,
however desirable, the action has been all along invalid. After gazetting, the
post becomes a State level post under the Presidential Order and also loses its
reservation for locals.
Therefore, proper course of action has to be laid down for the posts that
are gazetted after 18-10-75. The following course of action is suggested to
legally operationalise the suggestion already made in our reference cited:-
b) In sub para (j) of Para 2 (1) of the Presidential Order after the
words “Central Government” the following Proviso shall be added
:-
“Provided that all the posts that have been gazetted after 18-10-
1975 from among the non-gazetted posts, shall be deemed to be
included under the Third Schedule of the Presidential Order with
effect from the date of gazetting”.
(This has to be added to your proposal in the Office file)
The earlier suggestions are modified to this extent since this course of
action takes care of the legal validity regarding the description of certain posts,
gazetted after the Presidential Order, as zonal posts in the respective Service
Rules and also retrospectively validate what some Departments are already
following with reference to such posts. It also ensures the immutability of the
character of all such posts „en bloc‟ instead of the time consuming procedure of
seeking the orders of Government of India in each of those individual cases.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 75 Final Report
Appendix XXX
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
General Administration (SPF) Department,
A.P. Secretariat,
Hyderabad.(w.e)
Sir,
Sub: One Man Commission (SPF) – Representation received with regard to
certain irregular appointments of Junior Lecturers in Zone-VI, with
non-local candidates in the year 1997, by the A.P. College Service
Commission – Report called for -Regarding.
* * *
and its Annexures I & II. It came to light in the Meetings held by this
Commission with the A.P. Public Service Commission that the A.P. Public Service
Commission in its recruitments also followed 40% quota to non-locals and no
locals have figured at all in those vacancies, while the Presidential Order
envisaged that the merit quota should include both locals and non-locals.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 78 Final Report
Appendix XXXI
* * *
The Local Cadre of Secondary Grade Teacher and School Assistant is one
and the same i.e., District. In case of counting the service in the Local Cadre the
service rendered by the individual in both the posts i.e., Secondary Grade
Teacher and School Assistant must be taken into account for the post of School
Assistant. One Man Commission (Six Point Formula) have already specified the
above fact Crystal clear.
Cadre of the post with the Service cadre of the posts carrying varied pay scales
and also requested to provide extra time to enable the applicants, who have
spent two years in a particular district to apply for inter-district transfer,
regardless of the post or number of posts hold during the specified period of two
(2) years.
B. ARAVINDA REDDY
SECRETARY TO GOVERNMENT (SER.)
To
The School Education Department, A.P. Secretariat, Hyderabad.
//FORWARDED::BY ORDER//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 80 Final Report
Appendix XXXII
* * *
district to apply regardless of the post or number of posts held during this
period. Otherwise they will suffer irreparable unwarranted jeopardy.
With regards,
Yours sincerely,
Sd/
(J.M.GIRGLANI)
Appendix XXXIII
Lr.No.11/OMC/Nizamabad/6/2003, dt:07-05-2004
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Govt.,
General Administration (Ser.) Dept.,
A.P Secretariat,
Hyderabad.
Sir,
Sub: OMC (SPF) – New Organisations coming under the Presidential
Order for the first time - Organisation of Local Cadres – Clarification –
Reg.
* * *
A representation has been received from a Lecturer of an Aided College
which has been taken over by the Government for a transfer to a Zone where he
is a local.
This is a case of an institution, an Aided Degree College taken over by the
Government, coming under the Government for the first time long after the
passing of the Presidential Order. It is something like opening a new
government office or department. When such a thing happens, for that new
organization which comes under the Presidential Order for the first time, the
exercise to be undertaken is the same as was done from 18-10-1975 onwards
for the first time for the entire government and local bodies viz., to bring this
new organization under the system of local cadres both district and zonal
existing within the department under the approved localization scheme of the
Department. The existing staff of the institution would then be taken up for
initial allotment in the same way as was done when Presidential Order was first
One Man Commission (SPF) 83 Final Report
brought into force applying the provisions of Para 4 (4) of the Presidential Order
which are applied for initial allotments. If this exercise is done, some of the staff
may be sent to their local districts and local zones respectively and in their place
some staff would be brought from other zones and districts but would be local
for this organization. This exercise was not done. The Director, Collegiate
Education has already been advised to undertake this exercise and bring this
organization under the Presidential Order by necessary reallotments and
consequent transfers.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXXIV
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government (Services),
General Administration Department,
A.P. Secretariat,
Hyderabad.
Sir,
Sub:- OMC - SPF – Post of Deputy Tahsildar ( Civil Supplies) – Certain
clarification – Reg.
Supplies, Hyderabad and O/o. Chief Rationing Officer, Hyderabad were promoted
to the posts of Deputy Tahsildar (Civil Supplies) under 25% quota and sent to
the Districts, as per the orders issued in Government Memo. No.690/CS.II/79-
12, F&A (CS.II) Department dated 02.04.1980 permitting the Commissioner,
Civil Supplies to make temporary appointments/ Promotions to the cadre of
Deputy Tahsildar (Civil Supplies) pending approval of rules. Deputy Tahsildar,
Civil Supplies posts are not included in the Group-II Services Recruitment of
APPSC. All treated as promotion posts.
Yours faithfully,
Sd/-
One Man Commission (SPF)
Appendix XXXV
ESTABLISHMENT – Six Point Formula – A.P. Public Employment (OLC & RDR)
Order, 1975 – Monitoring Cell on implementation of G.O.Ms.No.610, General
Administration (SPF-A) Department, dated 30-12-1985 headed by the Secretary
to Government (Services), General Administration Department – Constituted –
Order – Issued.
------------------------------------------------------------------------------------------
GENERAL ADMINISTRATION (SPF-A) DEPARTMENT
G.O.Rt.No.233 Dated:8-8-2003.
***
ORDER:
Government have issued orders in the reference 1st read above to set right
the violations of the provisions of the Presidential Order brought before it. In the
reference 2nd read above, Government have issued orders to constitute a “One
Man Commission” to receive representations from Associations, Unions and
individuals in cases where injustice was done in implementation of
G.O.Ms.No.610 and to sort out the anomalies. The Commission submitted its
preliminary report in October, 2001. Its final report is awaited. A House
Committee was constituted in February, 2002 to go into the implementation of
G.O.610 and to suggest necessary corrective measures. The Committee
submitted its Interim report to A.P. Leg. Assembly on 17.3.2003 and the
Government have already taken action on both the reports.
4. The Monitoring Cell will be provided with One Section Officer, two Assistant
Section Officers and one Attender out of the staff working in General
Administration Department. Additional responsibility of inspection work based on
One Man Commission (SPF) 88 Final Report
MOHAN KANDA
CHIEF SECRETARY TO GOVERNMENT
To
Sri B. Aravinda Reddy, IAS.,
Secretary to Government (Services)
General Administration (SPF) Department
Copy to:
All Departments of Secretariat
All Heads of Departments
All District Collectors
The G.A. (OP.I/II/III/IV/SB/Claims A/C/Spl.A/Spl.B) Department
The Commissioner, Printing Press, Hyderabad
The I&PR, Publicity Cell, Hyderabad
The P.S to Prl. Secretary to C.M.
The P.S to C.S
The P.S. to One Man Commission (SPF), Secretariat, Hyderabad
The Secretary, A.P. Public Service Commission
All Recognised Associations
ST/SC
//FORWARDED BY ORDER//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 89 Final Report
Appendix XXXVI
Confidential
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
2nd Floor,
A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
G.A. (SPF) Department,
A.P. Secretariat,
Hyderabad.
Sir,
Sub: Major Development Projects – Implementation of Presidential Order
in the Projects – Regarding.
* * *
3. Engineer-in-Chief, Irrigation & C.A.D has informed that the non-locals from
the offices of the Heads of Projects were not repatriated after 1985 when the
One Man Commission (SPF) 90 Final Report
Presidential Order was applied, because they are in the offices of the Heads of
Departments (treating the Project Heads as Heads of Departments). Treating
Heads of Projects as Heads of Departments also has been and continues to be a
patent contravention of the Presidential Order.
4. The savings Para-14 of Presidential Order excludes under item (e) Any
post other than a post belonging to any of the non-gazetted categories in the
Ministerial and Technical Services in a Major Development Project. This provision
was inserted as an amendment to item „e‟ of Para 14 by G.O.Ms.No. 455 General
Administration (SPF.A) Department, dated 03.10.1985. Before this G.O. Major
Projects were totally excluded from the Presidential Order. Initially the simple
entry under item „e‟ just read “Major Development Projects”. That entry totally
excluded them, like the other items under Para 14 from the purview of the
Presidential Order. “Major Projects” were listed under GSR 525 (E).
7. The total action would have been to bring under the purview of the
Presidential Order all the posts that are covered by the Presidential Order for the
Irrigation and CAD Department and other Engineering Departments, which
would include the Specified Gazetted Categories of AEEs and DEEs also. As it
was not done the Projects have become a free hunting ground for posting AEEs
and DEEs on deputation from anywhere.
One Man Commission (SPF) 91 Final Report
8. Another aspect of the issue is that the posts of AEEs and DEEs that have,
from time to time, ceased to be utilised for Project works are being treated as
Projects posts. But the right position would be that, from the actual time when
they ceased to be used for Project works, ever since they have been diverted de
facto, on ground, to regular departmental work and for maintenance work, from
that time onwards they ceased to fall under the purview of item (e) of Para 14 of
the Presidential Order and ceased to be excluded from the purview of the
Presidential Order. In fact, most of the Major Development Projects have also
been completed long ago but continue to be in the list under G.S.R.No.525 (E).
It is irrelevant, whether such Projects have not been formally notified as
completed, for various technical or financial considerations. The rationale is that,
when any post ceases to be utilised for the Project work and is utilised on
department‟s functions and for maintenance, it cannot be treated as a Project
post, and granted exemption under item (e) of Para 14 of the Presidential Order.
But the practice is to make use of the name of the Project and use them on Non-
Project work as the Project work is long completed. Thus any one gets
deputation from any Zone to the detriment of the local candidate.
10. Purely as a logical step, which may not necessarily be the best option in
pragmatic terms, an order may be got issued by the Government of India
deleting item (e) of Para 14 of the Presidential Order and the entire G.S.R. 525
(E) with effect from 01-01-1986. The commitments for inclusion of AEEs‟ posts
in the Presidential Order were made on 05-12-1985 (G.O.Ms.No.564) and 30-
12-1985 (G.O.Ms.No.610). Hence, this date. DEEs‟ inclusion is concomitant to
the inclusion of AEEs, as these are promotion posts placed in the Third Schedule.
So, on par with the departmental posts of AEEs, the Project posts of AEEs would
have to be put in a common zonal seniority for promotion to the posts of DEEs.
So, the only way to make good the omission and bring these posts under the
Presidential Order with effect from the last date of commitment in G.O.Ms.No.
One Man Commission (SPF) 92 Final Report
610 is, to amend Para 14 of the Presidential Order to completely delete item (e)
with effect from 01-01-1986 and as a concomitant action, delete G.S.R. 525 (E).
This measure will also stop the misuse of the posts in the completed works, in
Project Head Offices and on going Project works which are now being used for
bringing in non-locals on deputations in the name of Projects.
12. The Hobson‟s choice before the Government and the employees
associations is between the logical remedial action of para 10 which is fraught
with unending litigations and stay orders, or the pragmatic hassle-less course
mentioned above in para 11.
13. The Commission did not write to the Government earlier as it thought that
inclusion of the issue in the report would lead to necessary action. But since the
Report is delayed and meanwhile incorrect action continues and is getting
protected under stay orders of APAT (as in Public Health Engineering
Department), the Commission feels that action could be taken by the
Government without waiting for the Commission‟s Report.
Yours faithfully,
Sd/-
(J.M. GIRGLANI)
ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 93 Final Report
Appendix XXXVII
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The President,
Telangana Employees Association,
C-62, „B‟ Blocks,
Malakpet,
Hyderabad – 500 035.
Sir,
Sub: OMC (SPF) – Gazetted Officers – Labour Department – Labour Officer
(Enforcment) in Head Office, retiring on 31.07.2004 A.N. – Filling up
of the post by another Officer contrary to the G.O.Ms.No.610 –
Hearing on 25.08.2004 at 3.00 p.m. – Reg.
* * *
With reference to your representation cited, and inform you that
representatives of the Association and the officials of the Department of
Commissioner of Labour were heard on 25.08.2004.
With regard to the Labour Officer posts in the Head of Department office,
since there are only three posts of Labour Officers, even if the fair-share
One Man Commission (SPF) 94 Final Report
principle is applied as per Para-9 and 11 of GOP 728, each multi-zone will get
only one post. Therefore, there can
be no objection to the present practice of taking one Labour Officer from each
multi-zone for HOD office.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXXVIII
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Prl. Secretary to Government,
WD, CW & DW Department,
A.P. Secretariat,
Hyderabad.
Sir,
Sub: One Man Commission (SPF) – Women Development, Child Welfare
and Disbled Welfare Department – Representation from Sri O.
Ramulu and others, dated Nil for implementation of G.O.Ms.No.610 –
Regarding.
* * *
I invite your attention to the references cited.
In the references 2nd & 3rd cited Government in WD,CW Department have
issued orders declaring the three Schools as State Level Institutions. But the
G.O. does not show whether Government of India consent was obtained through
GAD (SPF) concurrence is maintained. Therefore you are requested to verify
One Man Commission (SPF) 96 Final Report
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXXIX
II) The following information has been given at the time of Meeting:-
IV) The minutes of the meeting held on 17.10.2002 with the WD, CW & DW
Department, Secretariat and the HOD as confirmed by the HOD 0n
17.03.2003 was discussed in the meeting and the Commission observed
that on the multi zonal posts who is a local candidate for any post which
are of the normal zonal nature i.e. above LDC Cadre. In this case the
District Probation Officer Grade-II and its equivalent post should be filled
by the local candidate of the zone in which the vacancy arises or can he
be a local candidate of the entire multi-zone.
IV) The Commission further observed that in GSR No.529(E) under the
schedule at page no. 42-43 of guide lines and instructions for
implementation of Presidential Order –
Sl.No.6 “all categories of executive posts in jail wing and all categories
ministerial posts above lower division clerk - the Department listed under
“Jail Department”.
Sd/-
(J.M.GIRGLANI)
ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 99 Final Report
Appendix XXXX
***
Present:
Sarvasri
1. J.M.GIRGLANI, IAS(Retd.)
One Man Commission (SPF)
2. S.GOPALA KRISHNA
Superintendent
O/o Director, Youth Services
Hyderabad
Sd/-
(J.M.GIRGLANI)
ONE MAN COMMISSION(SPF)
One Man Commission (SPF) 100 Final Report
PROCEEDINGS
One Man Commission (SPF) 101 Final Report
PROCEEDINGS
INDEX
* * *
One Man Commission (SPF) 103 Final Report
68
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
*****
Sri V. Venkata Ramana was appointed in the year 1985 as Farm Foreman,
Grade-II (District Cadre Post) in Khammam District, Zone-V of Telangana region
as non-local candidate by the Director of Sericulture, Hyderabad.
The initial mistake was that in making the selection for training, the
Department should have kept in view the number of vacancies in each district,
because, the trained-candidates were ultimately appointed in those vacancies.
The merit list should have been districtwise and postings should also have been
on the basis of local candidate for local cadre. Even if there were any “Local”
candidates from the local Employment Exchanges of these Districts, they might
have been weeded out initially itself by following the merit in B.Sc., examination
for all candidates together. It is not even very certain whether candidates were
called for from the different Employment Exchanges where Sericulture units are
located. If they were not called from different districts then the appropriate
thing was to select for training, district-wise. However, what has happened is
now „fait accompli‟, a case of deviation from Presidential Order, intended or
inadvertent one can never know.
The petitioner was posted not in the free merit quota where non-locals can
also figure, but in total violation of the Presidential Order, which was ignored
and no locals were selected trained or posted. However, at this stage the
candidate from Khammam District cannot be allotted back to Anantapur District
One Man Commission (SPF) 104 Final Report
even if he takes last rank in seniority for the simple reason that according to the
Commissioner of Sericulture there were no direct recruitment vacancies of Asst.
Inspector of Sericulture available in Anantapur District. The Commission would
not consider it right to recommend creation of supernumerary vacancy for him.
He has to remain where he is. The only recommendation the Commission can
make is that as and when there is a clear vacancy in his local areas viz., Zone-IV
he may be posted to his local zone after verifying his local status with reference
to his educational record. In the HOD Office if there is a vacancy of Asst.
Inspector of Sericulture then the Anantapur man can be posted in that vacancy
after verifying his actual local status. Since transfers would have to be
sanctioned by the Government the Commission recommends to the Government
to approve this transfer as and when it is proposed in clear vacancy. The Head
of Department can enclose a copy of the Commission‟s Proceedings while
making the proposal to the Government if an when the vacancies are available.
Sd/-
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
1. The Prl. Secretary to Government,
Agriculture and Co-op. (Seri.) Dept.
69
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Sri V. Kesava Reddy, was appointed in the year 1985 as Farm Foreman,
Grade-II (District Cadre post) in Khammam District, Zone-V of Telangana region
as non-local candidate by the Director of Sericulture, Hyderabad.
The initial mistake was that in making the selection for training, the
Department should have kept in view the number of vacancies in each district,
because, the trained-candidates were ultimately appointed to these vacancies.
The merit list should have been district wise and postings should also have been
on the basis of local candidate for local cadre. If there were any candidates
from the local Employment Exchanges of these Districts, they would obviously
be weeded out initially itself by following the merit in B.Sc examination for all
candidates together. It is not even very certain whether candidates were called
for from the different Employment Exchanges where Sericulture units are
located. If they did call for from different districts then the appropriate thing
was to select for training, district wise. However, what has happened is now
„fait accompli‟, a case of deviation from Presidential Order, intended or
inadvertent one can never know.
The Petitioner was posted not in the free merit quota where non-locals can
also figure, but in total violation of the Presidential Order, which was ignored
and no locals were selected, trained or posted. However, at this stage the
candidate from Khammam District cannot be allotted back to Anantapur District
even if he takes last rank in seniority for the simple reason that according to the
Commissioner of Sericulture there were no direct recruitment vacancies of Asst.
One Man Commission (SPF) 106 Final Report
Sd/-
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
1. The Prl. Secretary to Government,
Agriculture and Co-op.(Seri.) Dept.
Copy to SF/SC.
One Man Commission (SPF) 107 Final Report
70
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Commissioner of Intermediate Education,
Near Latha Talkies,
Nampally,
Hyderabad.
Sir,
Sub: OMC – SPF – Implementation of G.O.Ms.No.610, G.A (SPF A) Dept,
Dt.30-12-1985 and provisions of Presidential Order 1975 – Representations from
individuals – Reg.
* * *
On this issue the Commission observes that the part – time Lecturers
should have been adjusted not in their “native zones” as was done vide the
proceedings issued in pursuance of the Government Orders in G.O.Ms. No. 259,
One Man Commission (SPF) 108 Final Report
Education, dated 12-10-1999 but only to the zones in which they would be “local
candidates under Presidential Order”.
I therefore, request you to take necessary action in the matter, and review
the order accordingly under intimation to the Commission.
Yours faithfully,
Sd/-
for One Man Commission (SPF)
71
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
Sri D. Kumara Swamy,
Jr. Lecturer in Economics,
S.K.S.D. Mahila Kalasala,
Tanuku,
West Godavari Dist.
Sir,
* * *
I inform you that, your representation cited, regarding request for transfer
from Tanuku to your native place has been examined by this Commission and it
was found that your request does not fall under the purview of this Commission
since the Presidential Order does not apply to Aided Institutions.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 110 Final Report
72
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Director of Prosecutions,
D.G.P. Office Premises,
Lakdi-ka-Pool,
Hyderabad.(W.E)
Sir,
* * *
For treating all such posts (gazetted after 18-10-1975) as Zonal Posts
with 70% reservation for locals, the Government of India‟s orders are to be
obtained by the Department by sending proposals to that extent, through their
Secretariat Department and General Administration (SPF) Department. Till then
the legal position can not be changed by any executive order. The Service Rules
One Man Commission (SPF) 111 Final Report
treating the post of Asst. Public Prosecutor as zonal post also become invalid till
Government of India orders as suggested above are obtained.
Regarding the posts of the Department, which are already included in the
Third Schedule at Sl.No. 16 – Asst. Public Prosecutors – Grade – I/ Police
Prosecuting Officers (as the posts of Revenue / Police Departments respectively)
it is observed that in the Service Rules (Issued by the Home (Courts.C)
Department vide G.O.Ms. No.188 dated 30-3-92) of the A.P. State Prosecuting
Service, these posts of Asst. Public Prosecutor Grade – I / Police Prosecuting
Officer, however, do not find place. Instead the first and second gazetted posts
of the Service are given as Asst. Public Prosecutor and Senior Asst. Public
Prosecutor – both as Zonal cadre posts. Hence, action is also to be taken to
change the designations of these posts in the Third Schedule under Home
Department by sending the proposals to Government of India, in this regard.
A copy of the reply given to the petitioner, first cited, is also enclosed
herewith for your information.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
73
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
Smt. P. Suseela,
Assistant Public Prosecutor
J.F.C.M. Court,
Mahaboobabad,
Warangal District.
Madam,
* * *
With reference to your representation 1st cited, the matter has been
examined by the One Man Commission. It was found in the process that the post
of Assistant Public Prosecutor remains a “Gazetted Post with State-wide
jurisdiction” – as the same was not included in the Third Schedule of the
Presidential Order in the Specified Gazetted Category, after its gazetting in the
year 1986, to treat it as Zonal post. Hence, till such an inclusion, takes place,
neither the post can be treated, in retrospect, as a Specified Gazetted Category
post nor the unit of appointment can be a Zone as prescribed in the A.P. State
Prosecution Service Rules.
One Man Commission (SPF) 113 Final Report
Hence, you are informed that legally no violation of Presidential Order can
be attributed to your appointment.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
74
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
Sri D. Muralidhar Reddy, Asst. Inspector of Sericulture O/o.Deputy
Director of Sericulture, Warangal has submitted a representation to OMC, stating
that he has appointed in Sericulture Department and allotted to Zone – V as
Asst. Inspector of Sericulture. But persons belonging to other Zones, appointed
in Zone – V in violation of Presidential Order got promotion as Inspector of
Sericulture in Zone – V effecting his promotional chances to the post of
Inspector of Sericulture and therefore requested to set right anomaly so as to
enable him to get his seniority and promotion.
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
Sri D. Muralidhar Reddy,
Asst. Inspector of Sericulture,
O/o. Deputy Director of Sericulture, Warangal.
Copy to
The Commissioner of Sericulture, Hyderabad.
Agriculture & Co-op.(Seri.) Department,
SF/SCs.
//Forwarded by Order//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 116 Final Report
75
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
Sri J. Devender Rao, Asst. Inspector of Sericulture O/o.Asst. Director of
Sericulture, I.T.D.A., Eturunagaram has submitted a representation to OMC,
stating that he has appointed in Sericulture Department and allotted to Zone – V
as Asst. Inspector of Sericulture. But persons belonging to other Zones,
appointed in Zone – V in violation of Presidential Order got promotion as
Inspector of Sericulture in Zone – V effecting his promotional chances to the
post of Inspector of Sericulture and therefore requested to set right anomaly so
as to enable him to get his seniority and promotion.
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
Sri J. Devender Rao,
Asst. Inspector of Sericulture,
O/o. Asst. Director of Sericulture, I.T.D.A., Eturunagaram.
Copy to
The Commissioner of Sericulture, Hyderabad.
Agriculture & Co-op.(Seri) Department,
SF/SCs.
//Forwarded by Order//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 118 Final Report
76
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
J.M. GIRGLANI, IAS., (Retd) Room No.320,
One Man Commission (SPF) „K‟ Block, 2nd Floor,
A.P. Secretariat, Hyderabad-22
Ph:(O) 040-23452663
Tele Fax: 040-23452663
***
I invite your attention to the references cited.
This Commission in its letter dated 4-4-03 clarified that the “Presidential
Order once adopted voluntarily by an Organization cannot be revoked at will and
having adopted it, the principles of the Presidential Order must guide the
actions of the Federation without favour or prejudice to individual candidates of
any local area/zone”. A copy of the letter is enclosed herewith for ready
reference. The references 4th & 5th cited do not reflect this picture inspite of the
earlier resolutions of the Board Meetings of the Federation. In view of this
position OMC‟s intervention is not uncalled for interference as the M.D. has
chosen to remark. Once Presidential Order is adopted there is no scope for its
capricious application in individual cases, nor do the Service Rules over-ride the
Presidential Order. Government may kindly examine the case in this light.
One Man Commission (SPF) 119 Final Report
Pending of the writ need not stand in the way of righting a wrong unless court
order binds the hands.
Yours Sincerely,
Sd/-
(J.M.GIRGLANI)
To
Sri S.P. Singh, IAS.,
Prl. Secy. to Government,(I/C)
AHDD&F(Dy.II) Department.(w.e.)
77
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
The Commission has gone into the record and holds that the post of the
Inspector of Sericulture being a Gazetted post with State-wide jurisdiction (Since
it has not been included in the Third Schedule of the Presidential Order so far)
no violation of the Presidential Order could be attributed to this case, since the
persons in question were posted to Zone-V as Inspectors of Sericulture.
J.M. GIRGLANI,
ONE MAN COMMISSION(SPF)
To
Sri M. Ramesh,
Inspector of Sericulture, Warangal.
Copy to:
The Commissioner of Sericulture, Hyderabad.
The Agriculture & Co-op.(Seri.) Dept.
//Forwarded by order//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 122 Final Report
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GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
The Commission has gone into the record and holds that the post of the
Inspector of Sericulture being a Gazetted post with State-wide jurisdiction (Since
it has not been included in the Third Schedule of the Presidential Order so far)
no violation of the Presidential Order could be attributed to his case since the
persons in question were posted in Zone-V as Inspectors of Sericulture.
J .M. GIRGLANI,
ONE MAN COMMISSION (SPF)
To
Sri S. Dattatreya Rao
Inspector of Sericulture, Warangal.
Copy to:
The Commissioner of Sericulture, Hyderabad.
The Agriculture & Coop.(Seri.) Dept.
// Forwarded by order//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 124 Final Report
79
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
In the references first and second cited, the Telangana Non-Gazetted
Sericulture Employees Central Union, Warangal and Sri M. Thirupathi, Farm
Foreman, O/o. Asst. Director of Sericulture, Warangal have submitted
representations stating that in zone – V other Zone Employees in the cadres of
Farm Foremen, Asst. Inspectors of Sericulture and Inspectors of Sericulture
were given postings since 1983 and they were benefited in getting promotions in
their respective cadres and that as a result of this, injustice has been done to
Zone – V employees who were stagnated in the appointed cadres particularly in
the cadre of Farm Foremen.
clear vacancy in their local areas they may be posted to their local Zones after
verifying their local status with reference to para 7 of the Presidential Order or
else in the HOD Office if there are vacancies of Asst. Inspector of Sericulture
they can be posted in those vacancies after verifying their local status. Since
transfers would have to be sanctioned by the Government, the Commission
recommends to the Government to approve this transfer as and when it is
proposed in clear vacancies. The Head of Department can enclose a copy of the
Commission‟s Proceedings while making the proposal to the Government if and
when the vacancies arise.
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
The Commissioner of Sericulture,
Hyderabad.
Sri M. Thirupathi,
Farm Foreman,
O/o. Asst. Director of Sericulture,
Warangal.
// Forwarded by order//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 127 Final Report
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GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
only recommendation the Commission can make is that as and when there is a
clear vacancy in their local areas they may be posted to their local Zones after
verifying their local status with reference to para 7 of the Presidential Order or
else in the HOD Office if there are vacancies of Asst. Inspector of Sericulture
they can be posted in those vacancies after verifying their local status. Since
transfers would have to be sanctioned by the Government the Commission
recommends to the Government to approve this transfer as and when it is
proposed in clear vacancies. The Head of Department can enclose a copy of the
Commission‟s Proceedings while making the proposal to the Government if and
when the vacancies arise.
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
The Commissioner of Sericulture,
Hyderabad.
// Forwarded by order//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 130 Final Report
81
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
In the references first and second cited, the Telangana Non-Gazetted
Sericulture Employees Central Union, Warangal and Sri M.V.R. Ramesh, Farm
Foreman, O/o. Deputy Director of Sericulture, Warangal have submitted
representations stating that in Zone - V other Zone Employees in the cadres of
Farm Foremen, Asst. Inspectors of Sericulture and Inspectors of Sericulture
were given postings since 1983 and they were benefited in getting promotions in
their respective cadres and that as a result of this injustice has been done to
Zone – V employees who were stagnated in the appointed cadres particularly in
the cadre of Farm Foremen.
clear vacancy in their local areas they may be posted to their local Zones after
verifying their local status with reference to para 7 of the Presidential Order or
else in the HOD Office if there are vacancies of Asst. Inspector of Sericulture
they can be posted in those vacancies after verifying their local status. Since
transfers would have to be sanctioned by the Government the Commission
recommends to the Government to approve this transfer as and when it is
proposed in clear vacancies. The Head of Department can enclose a copy of the
Commission‟s Proceedings while making the proposal to the Government if and
when the vacancies arise.
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
The Commissioner of Sericulture,
Hyderabad.
// Forwarded by order//
Sd/-
SECTION OFFICER
One Man Commission (SPF) 133 Final Report
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GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
ORDER:-
3. In this regard, the Department have reported that the Director of Jawahar
Bal Bhavan has been declared as a Head of the Department in G.O.Ms.No.1052,
Education Department, on 1.9.1975; the post of Lab. Assistant along with other
posts in Jawahar Bal Bhavan were declared as State Level posts as per Rule 14
of Presidential Order under the Saving Clause –“B” since the Department is
declared as Head of Department; the post sanctioned to the Department is a
State Level Post and hence the Six Point Formula and G.O.Ms.No.610 does not
One Man Commission (SPF) 134 Final Report
4. This Commission after going through the records of the case holds that
the view taken by the School Education Department and General Administration
Department does not appear to be tenable on the following counts:-
3. In the Meeting held by OMC with the Department, the Department have
clearly mentioned that “ No deputation to Head of Department is
possible because there are no Subordinate Offices to Jawahar Bal
Bhavan”.
Hence the Commission holds that the Government may issue necessary
orders in the matter to repatriate Smt. D. Shantivardhani from Director of
Jawahar Bal Bhavan to her original post in the East Godavari District.
Sd/-
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
The Prl. Secretary to Government,
School Education Department,
A.P. Secretariat,
Hyderabad.
83
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The President,
T.N.G.O‟s Central Union,
Telangana Bhawan,
Hyderabad.
Sir,
Sub: OMC (SPF) – Repatriate Sri M. Sanjeeva Sagar, Labour Officer of
S.R.S.P., Hanama Konda, Warangal to his native Zone-VI – Reg.
***
I invite your attention to the references cited and to inform you that the
individual case is a fact of the general issue & regarding absorption of surplus
staff in the Zones/Districts in which the individuals are locals, this issue is under
the active consideration of the Commission and the Government.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 137 Final Report
84
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Ref: 1. Representation from Sri S. Ranga Rao, I/C S.E. (RWS) Hyderabad
dated 17.07.2001 and 13.09.2003.
2. OMC Lr.No.06/89/1/OMC/B2/2001. dated 30.09.2003.
3. From the ENC (PRED) Hyderabad Lr.No.S-IV/SPF/2000 dated
13.11.2003.
---
In the reference first cited it has been represented that your right as a
local candidate of Zone V may be protected by replacing the non-local
candidates who were recently promoted as Chief Engineers (I/C).
1. K. Dasarath Ramaiah
2. P. Narsing Rao
3. Shaik Hussain Saheb
This Commission in its Preliminary Report it-self held that there was no
need to reopen the initial allotments made by the Allotment Committees as most
of the cases of alleged violations in this regard had gone in appeal as provided
under the Presidential Order against the initial allotment orders, to the State
Government, under Para 4(4) of the Presidential Order. Para 4(6) of the order
makes the order of the State Government in this regard, final.
One Man Commission (SPF) 138 Final Report
As for Sri Jagannadham, further report is being called for to find out the
circumstances under which a local of Zone-II was allotted to Zone-V.
Sd/-
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
Sri S. Ranga Rao,
I/C Superintending Engineer (RWS),
Hyderabad.
85
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Prl. Secretary to Government,
Education (H.E.) Department,
Secretariat,
Hyderabad.(w.e)
Sir,
Sub: OMC – SPF – T.E. – Estt. – Sri A. Sai Baba, Sr. Assistant, Q.Q.
Government Polytechnic, Hyderabad – Objections to the seniority
list of Sr. Assistants – Reg.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
Copy to: Sri A. Sai Baba, Sr. Assistant, Q.Q. Government Polytechnic,
Hyderabad – 64.
One Man Commission (SPF) 141 Final Report
86
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
that the orders given by the Department were accepted by the individuals who
joined in the Department willingly.
The individual has also represented that he has given willingness to work
as Panchayat Secretary in Mahaboobnagar District and the District Collector,
Mahaboobnagar has already given his consent to utilise his services as
Panchayat Secretary in Mahaboobnagar District. Earlier while considering the
Representation of this Petitioner, this Commission opined that, “once a person is
appointed in the merit quota in any district where he is a non-local he has no
right to claim to transfer to a District where he is a local and that the person
make a request to Government who may consider it in the light of the transfer
policy, but not as a right under the Presidential Order”, with the view that the
candidates were posted on “merit basis” to the Districts, where they were non-
locals.
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
Agriculture &Co-operation (Sericulture) Deptt.
The Commissioner of Sericulture, A.P., Hyderabad.
Copy to: 1.The Individual.
2. SF/SC.
// FORWARDED BY ORDER//
Sd/-
SECTION OFFICER.
One Man Commission (SPF) 144 Final Report
87
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. GIRGLANI, IAS., (Retd.)
One Man Commission (SPF),
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
The Prl. Secretary to Government,
Education (H.E.) Department,
Secretariat,
Hyderabad.(w.e)
Sir,
Sub: OMC – SPF – T.E. – Estt. – Sri Santosh P. Kivlekar, Sr. Assistant,
Government Polytechnic, Masab Tank, Hyderabad – Objections to
the seniority list of Sr. Assistants – Reg.
* * *
Sri Santosh P. Kivlekar, Sr. Assistant, Government Polytechnic, Masab
Tank, Hyderabad has represented regarding his seniority in the cadre of Junior
Assistant, as Non-Locals both in the cadre of Junior Assistant and Typist who
were appointed in State Level Institutions have been promoted as Senior
Assistants earlier to him while the seniority of the employees of City Zone was to
be maintained separately and promotions given. And he has also quoted specific
details of the alleged violations.
One Man Commission (SPF) 145 Final Report
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
Copy to: Sri Santosh P. Kivlekar, Sr. Assistant, Government Polytechnic, Masab
Tank, Hyderabad.
One Man Commission (SPF) 146 Final Report
88
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.(w.e)
To
The Engineer-in-Chief (Admn. Wing),
I & CAD Department,
Errum Manzil, Hyderabad.
Sir,
Ref: 1. Representation of Sri A.S. Ajaya Kumar, Sr. Asst, O/o. the C.E.,
TGP, Srikalahasti, dt.18.07.2003.
***
(copy enclosed) issued on the subject of „Transfer through OD device‟, since the
contents of the Petition are also similar in nature.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
Copy to:
Sri A.S. Ajaya Kumar,
Sr. Assistant,
O/o. The C.E.,
TGP, Srikalahasti.
(for favour of information)
One Man Commission (SPF) 148 Final Report
89
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
Smt. I. Jyothirmayi,
Extension Officer,
Panchayat Raj & Rural Dept.,
Bandi Atmakur Mandal Parishad,
Kurnool District, A.P.
Madam,
***
Your request for transfer to zone II is apparently a case of Inter-Zonal
transfer with which this Commission is not concerned. You may, however,
approach the Government in this regard through proper channel.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 149 Final Report
90
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M.Girglani, IAS.,(Retd.)
One Man Commission
„K‟- Block, Room No. 320,
2nd Floor, A.P. Secretariat, Hyderabad.
To
The Engineer-in-Chief (Admn. Wing),
I & CAD Department, Errum Manzil,
Hyderabad.
Sir,
Sub: OMC (SPF) – Representation from Sri. M. Madhusudan, i/c Suptd.,
O/o the Executive Engineer, Godawari Lift Irrigation Scheme, Divn.
3, Hyderabad – Regarding.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
Copy to: Sri. M. Madhusudan,
I/c. Suptd., The Executive Engineer,
Godawari Lift Irrg. Scheme, Divn. 3,
Hyderabad (for favour of Information)
One Man Commission (SPF) 150 Final Report
91
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
To
The Prl. Secretary to Government,
Higher Education Department,
A.P. Secretariat, Hyderabad.
Sir,
Sub: One Man Commission (SPF) – Representation received with regard to
certain irregular appointments of Junior Lecturers in Zone-VI, with
non-local candidates, in the year 1997, by the A.P. College Service
Commission – Report called for - Regarding.
Through Para 5 of your letter second cited, it is obvious that the College
Service Commission in its recruitment held in 1997 interpreted “40%” to be
purely a “non-local quota”, but not as the open merit quota. This position is in
contravention of Para 8 of the Presidential Order.
specific gazetted posts, viz., the Tahsildars, AEEs, Assistant Agricultural Officers,
Inspector of Police and Motor Vehicle Inspectors, mentioned therein. Hence the
action of the A.P. College Service Commission was an error because gazetted
posts become State-wide posts unless they are included in the Third
Schedule to the Presidential Order under Government of India‟s orders. Even
such inclusion does not bring any preference percentage to locals. In this case it
was obviously an error on the part of the College Service Commission, which
happened to bring undue reservation of 60% to the local candidates and a 40%
reservation to Non-locals. This rather gross error, has been perpetuated by the
Andhra Pradesh Public Service Commission also as successors to the College
Service Commission, as informed by the A.P. Public Service Commission Officials
in the Meetings held by this Commission. It is not known whether the position
led to any litigation.
Yours faithfully,
Sd/-
One Man Commission (SPF)
One Man Commission (SPF) 152 Final Report
92
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
In the reference first cited it has been represented that your right as a
local candidate of zone-IV may be protected by replacing the non-local candidate
Sri. V.A.V. Rangachari, who belongs to zone–II.
This Commission does not reopen the initial allotments. Appeal against
such allotments lies to the State Government, under para 4(4) of the
Presidential Order.
One Man Commission (SPF) 153 Final Report
Para 4(6) of the order makes the order of the State Government in this
regard, final.
J.M. GIRGLANI
ONE MAN COMMISSION (SPF)
To
Sri P. Sankariah,Senior Assistant,R.W.& M Sub-Divn.II, T.B.C.Compound,
Bhagya Nagar, Kurnool.
Copy to:-
The Prl. Secretary to Government, I&CAD Department,
A.P. Secretariat, Hyderabad
//Forwarded by order//
Sd/-
Section Officer
One Man Commission (SPF) 154 Final Report
93
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
Sri P. Shanmugam,
Superintendent,
O/o. The Chief Engineer,
Telugu Ganga Project,
Srikalahasti.
Sir,
Sub: OMC (SPF) – Violation of Six Point Formula in Chief Engineer‟s
Office, TGP, Srikalahasti – Representation – Reg.
Ref: Your representation to this Commission dated 18.07.2003.
***
I invite your attention to the reference cited and to inform you that the
individual case is a part of the “General Issue” regarding transfer through OD
device. This issue has been referred to the Government with the Commission‟s
views.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
Copy to:-
1. Sri M. Prakasa Rao, Superintendent, O/o. C.E., TGP, Srikalahasti.
2. Sri M. Laxminarayana,Superintendent,O/o.C.E.,TGP, Srikalahasti
3. Sri K.N. Prasada Rao, Superintendent,O/o.C.E.,TGP, Srikalahasti
4. Sri A. Syama Sundaram,Sr. Assistant,O/o.C.E.,TGP, Srikalahasti
5. The Engineer-in-Chief (Admn. Wing),
I&CAD Dept., Errum Manzil,
Hyderabad.
One Man Commission (SPF) 155 Final Report
94
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
To
Sri V. Shankaraiah,
S/o. Venkaiah,
H.No.5-19, Fareed pet – 503 123,
Machireddy (Mandal),
Nizamabad District.
Sir,
Sub: One Man Commission (SPF) – Higher Education Department –
Individual representation of Sri V. Shankaraiah - Reg.
* * *
With reference to your petition cited above, I am to inform you that the
matter has been referred to the Government with Commission‟s views on the
general issue involved in your case.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 156 Final Report
95
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
Sri Ranga Sai Butt,
President,
Telangana Employees Ikya Vedika,
Hyderabad.
Sir,
***
I invite your attention to the references cited and to inform you that your
representations have been examined after obtaining a report from I & P.R.
Department. The Commission‟s views have been communicated to Secretary,
G.A (S& SPF) Department, Secretary, G.A (I & PR) Department and the Director
of I & PR.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 157 Final Report
96
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
It appears from the above that the promotions have been based on district
as a unit confining the promotions to district vacancies and on the basis of
district seniority.
Perhaps this error has occurred because the A.P. Panchayati Raj
Subordinate Service Rules for the posts of Village Development Officers specify
One Man Commission (SPF) 158 Final Report
Sd/-
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
The Commissioner of Panchayati Raj & Rural Employment,
Panchayat Raj Bhavan,
Urdu Hall Lane, Himayatnagar, Hyderabad.
97
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Ref:1. From Sri Y. Venkata Ramana, Jr. Accounts Officer, O/o N.C.C.
Directorate, Secunderabad Representation dated 18-09-2001.
2. From the Secretary to Govt. Finance Department,
D.O.Lr.No.3977/295/A2/Admn.1/2001, Dt. 03-09-2001.
3. From the Director, Treasuries and Accounts Department, Hyderabad
Lr.No.B3/12961/2001, dated 08-04-2003 and 10-03-2004.
* * *
and Government have permitted their retention in the Head Office from the date
of their joining in the Director of Treasuries and Accounts.
One Man Commission (SPF) 160 Final Report
The Commission discussed the issue in detail with the Officials of O/o the
Director of Treasuries and Accounts on 29-04-2004. It was found that the
transfer of the two persons, at SI.Nos. 1 & 2 above, which was done on their
request was „ab initio‟ violative of the Presidential Order. It cannot be considered
under Rule 3 of A.P. Treasuries and Accounts Subordinate Service Special Rules,
as there was „nil‟ panel of vacancies in the year of their transfers to Head Office,
as informed by the Joint Director. So, they have had no „locus standi‟ in the HOD
Office Cadre, because there is no other rule for transfer in their Service Rules
that could save it under Para 5(2) (a) of the Presidential Order.
With regard to the other two persons, at SI.Nos.3&4 above, who have
been brought to the office of HOD on tenure basis, their retention in the HOD
office is also violative of the Presidential Order and the instructions issued in
Para 9(B) of the G.O.P.No.728, G.A.(SPF.A) Department, dated 01-11-1975. An
employee comes on “tenure basis” only for a specified period (i.e. called tenure)
if the Rules provide. Normally 12.5% is provided for tenure posts. They shall
have no right to seniority or promotion in a post where they work on tenure
basis since the Rule 3 of the Subordinate Service Special Rules of the Treasuries
and Accounts Department already provided for filling of “one out of every four
substantive vacancies of L.D. Accountants in Head of the Department with the
L.D. Accountants of Branch Offices”. Hence the retention of those who come
over and above that and on tenure basis is a clear contravention of Presidential
Order as well as the Service Rules.
One Man Commission (SPF) 161 Final Report
Sd/-
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
The Director,
Treasuries and Accounts Deptt.
98
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
* * *
The issue has been examined by the Commission in consultation with the
P.R. Department, and the Engineer-in-Chief (PRED). The (i/c) Engineer-in-Chief
(PRED) and Ex-Officio Joint Secretary to Government PR & RD Department
categorically reported that the transfers effected in respect of these Work
Inspectors from other Zones to Zone VI has no sanction of the Government
which is a serious violation of Presidential Order and against all the existing
instructions of the Government.
One Man Commission (SPF) 163 Final Report
In the circumstances this Commission holds that the transfers of these five
Work Inspectors are in violation of the Presidential Order and hence they are to
be repatriated to the Zones in which they are locals.
Sd/-
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
The Engineer-in-Chief,
Panchayati Raj Engineering Department,
Errammanzil,
Hyderabad.
99
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
Dr. G. Vijaya Rama Rao, Ex-MLA,
Gajwel Constituency,
288, Balamrai Co-op. Housing Soceity,
Mahendra Hills,
Secunderabad.
Sir,
Sub: OMC – SPF – Appointment / Transfers – Violation of Rules in respect
of Jr. Assistants and Sr. Assistants – Reg.
With reference to representation 1st cited, I inform you that the matter
was examined in consultation with the District Collector, Warangal, Director of
Collegiate Education and Officials of Regional Joint Director of Collegiate
Education, Warangal.
One Man Commission (SPF) 166 Final Report
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
One Man Commission (SPF) 167 Final Report
100
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISION (SPF)
* * *
The Commission posted the case for Hearing on 05.05.2004 with the
Petitioner, the Respondent and the Chief Executive Officer, Zilla Parishad or his
representative and the concerned Officials of the CPR & RE office.
Mandal as MPDO and is working there since 1998 onwards. Medak District is in
Zone-VI.
The Commission holds that the allegation in the representation cited is far
from truth and the contentions of the Petitioner are not found valid, since Smt.
N. Anasuya Bai is a local of Zone-VI as per the Presidential Order.
Sd/-
ONE MAN COMMISSION (SPF)
To
The Commissioner of Panchayati Raj & Rural Employment,
Panchayati Raj Bhavan,
Urdu Hall Lane,
Himayatnagar,
Hyderabad.
Copy to:- The Chief Executive Officer, Zilla Parishad, Medak District at
Sangareddy.
Copy to:- Smt. N. Anasuya Bai, MPDO, Kohir Mandal, Medak District.
One Man Commission (SPF) 169 Final Report
101
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
2nd Floor, A.P. Secretariat,
Hyderabad.
To
Sri P.N. Murthy,
Retd. Principal,
2-2-1136/3/1,
302, Jayalakshmi Nivas,
New Nallakunta,
Hydeabad – 500 044.
Sir,
* * *
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)