S&SS Rules - 7 - 2 - 2012

Download as ppt, pdf, or txt
Download as ppt, pdf, or txt
You are on page 1of 78

TRAINING PROGRAMME ON

THE A.P. STATE &


SUBORDINATE SERVICE
RULES,1996
THE A.P. STATE & SUBORDINATE
SERVICE RULES,1996

ISSUED IN G.O.Ms.No.436 GA(SER.D) Dept


Dated 15-10-1996.

Published in A.P. Gazette Part - I


Extraordinary Dated 27-1-1997.
• SCOPE OF RULES:-These
rules are known as GENERAL
RULES.

They Govern the Gazetted and


Non- Gazetted posts under the
State Government.
State Govt.

STATE SUBORDINATE

GAZETTED NON-GAZETTED
• Rule 2 (1) Adhoc Rules:
• Mean rules issued to govern:
• A temporary post in a service, class or category
which is not covered by any special rules; or
• All or some of he services in regard to issues of
common applicability of all such services.
• Rule 2 (2) Appointed to a service:
• A person is said to be appointed to a service
‘when in accordance with those rules, except
under Rule – 10 and in accordance with the
special rules or adhoc rules applicable to such
service he discharges for the first time, the
duties of a post borne on the cadre of such
service or commences the probation, instruction
or training presented for members thereof.
• Rule 2 (3) Approved Candidate:
• Means a candidate whose name appears
in an authoritative list or candidates
approved for appointment to any service,
class or category.
• Rule 2 (4) Approved Probationer:
• In a service, class or category means a
member of that service, class or category
who has satisfactorily completed his
probation in such service, class or
category.
• Rule 2 (5) (b) Appointment or recruitment by
transfer:
• In case at the time of his first appointment
thereto he is the holder of a post which has been
included in another service but for which no
probation has been prescribed, if he has put in
that post satisfactory service for a total period of
two years of duty within a continuous period of 3
years.
• Rule 2 (8):
• “Cadre” means the posts in various classes,
categories and grades in a service.
• Rule 2 (11):
• “Date of regular appointment” means the
date of commencement of probation, i.e.,
the date from which the service rendered
by a person after appointment to a service,
class or category counts for probation.
• Rule 2 (2):
• “D.P.C.” means a committee constituted to
advise appointing authority in regard to the
persons to be included in the panel for
being appointed by promotion or transfer
to a selection post not with in the purview
of the commission.
• Rule 2 (12-A):
• Screening Committee means a committee
constituted by Government to recommend
the names for inclusion in the panel to the
Second Level Gazetted Posts which are
within the purview of the APPSC and also
to indicate the order in which the persons
should be included in the panel. The list of
persons so prepared by the said
committee shall be forwarded to the
commission for its concurrence by the
competent authority.
• Rule 2 (20) Officiating Appointment:
• A person is said to be officiating in a post, if his
appointment has been made after his inclusion
in the relevant panel, but whose appointment
has not been regularized.
• Rule 2 (21):
• “Panel” means the authoritative list of candidates
approved for regular appointment to any service,
class or category drawn up by the commission
or by the Government or by the appointing
authority concerned, but does not include the
panel or list prepared for temporary appointment
by the appointing authority pending preparation
of a panel for regular appointment in accordance
with the rules.
• Rule 2 (24):
• “Probation” means the period during which
a fresh entrant to a service or a person
appointed to a higher post for the first time
either by promotion within the service or
by transfer from any other service, is put
on test for determining his fitness to hold
the post in a service, class or category.
• Rule 2 (25):
• “Probationer: means a member in a
service, class or category who has not
completed his probation.
RULE – 4 - METHOD OF APPOINTMENT

• i) Direct Recruitment
• ii) Recruitment/appointment by transfer
• iii) Promotion
• iv) Contract/Agreement/Re-employment
• If special Rules indicated more than one method of
appointment the cycle or order in which the
vacancies shall be filled by different methods shall
be indicated.
• Direct recruitment shall be made against
substantive vacancies in existence for more than
five years.
• Percentage earmarked not less than 30%
• The posts earmarked for direct recruitment should
be filled by direct recruits only ,not by any other
method.
RULE – 5 - SELECTION POST
• Selection post:-All first appointments/
promotions/appointment by transfer to state
service shall be made on grounds of merit &
ability
• Seniority being considered only when merit and
ability are approximately equal.
• Unless:
• Such promotions or appointment by transfer of a
member has been withheld as a penalty; or
• b) Non-Selection Posts:

• No Non-Gazetted Post should be treated


as a Selection Post. Promotion and
appointment by transfer to higher posts
shall be in accordance with seniority cum
fitness.
RULE-6–METHOD OF PREPARATION
OF PANEL
• a) The panel of approved candidates shall be
prepared by the appointing authority or any
other officer empowered in this behalf in
consultation with D.P.C. in respect of post
outside the purview of the APPSC., and
screening committee in respect of post with in
the purview of APPSC.,
• The appointing authority shall make
appointment of candidates order of
preference.
• b) The panel of candidate shall be prepared
ordinarily in the month of September of every
year.
• On the basis of the estimation of vacancies
reckoned 1st September of the year as the
qualifying date.
• Such panels will cease to be in force on the
afternoon of 31st December of the succeeding
year or till the next panel is prepared which ever
is earlier.
• For the purpose of preparation of panel, zone of
consideration shall be in the ratio of 1:3.
• The period from 1st September of the year to the
31st August of the succeeding year shall be
reckoned for the purpose of determining of the
vacancies during the panel year.
• The panel of candidates so prepared shall be
reviewed after a period of six months.
• No panel of candidates need be prepared if
vacancy is not available.
• In the exigencies of administration the Government
may however order preparation of panel as
frequently as may be necessary.
• Approved panels may also be reviewed by the
appointing authority for the purpose of inclusion of
such of those candidates whose cases were differed
previously for being under suspension or due to
pendency of disciplinary proceedings but
subsequently exonerated, if found fit by the
DPC/APPSC concerned and for deletion of those
who were subsequently placed under suspension or
whose work and conduct has come up for adverse
notice.
 DPC may under take review when cases of the
following nature are placed before them.

a) when eligible persons were omitted to be


considered or ineligible persons were considered
by mistake.

b) when a person's seniority was revised with


retrospective effect.

c) when procedural irregularity was committed by


DPC, and

d) when adverse remarks against a person have been


subsequently toned down.
• Estimate of vacancies:- Existing vacancies
including the vacancies which were not filled up in
the previous year.

• Vacancies to arise owing the retirement.


• Consequential vacancies due to promotion or
appointment by transfer.

• 10% of the total estimate of vacancies ignoring


fraction

• As reserved to filled up vacancies on account of


1) Deputation, (2) Training, (3) Long Leave

• Reserve shall not less than one where estimate of


vacancies is five or less.
• Promotion or Appointment by Transfer:
• Certain Instructions issued by Govt.
• Employees whose increments were withheld
shall not be recommended for promotion during
the period for which the increments were
ordered to be withheld, w.e.f. The date of issue
of the order imposing the penalty. (Cir.Memo
No.34633/Ser.C/99, Dated. 4.11.1999.
• Any Minor Penalty Bars promotion or
appointment by transfer for a minimum period of
one year and withholding of increments with
cumulative effect bars promotion or appointment
by transfer for twice the period for which
increments is withheld to both Selection and Non
Selection Posts. (G.O.Ms.No. 342, GAD (Ser.C)
Dated.4.8.1997.)
• Promotion or appointment by transfer to a
Higher Post in respect of officers who are facing
disciplinary proceedings or a Criminal Case or
whose conduct is under investigation is
governed by GOMsNo.257 GA (Ser-C)
Dated.10.6.1999.
• Employees against whom there are a series
punishments, which are not subsisting at the
time of consideration for promotion, the
D.P.C./Screening Committee have to take into
consideration his overall performance which
includes pas punishments and not merely
guided by the fact whether punishment is
subsisting as on the date of meeting
DPC/Screening Committee or on the qualifying
Date for preparation of panel. (G.O.Ms.No.203,
G.A. (Ser-C) Dated.5.5.99.
• If the charges have not been framed or
proposed to be framed and the matter is at
the stage of preliminary enquiry, no
cognizance need be taken and the case
may be considered on individual merits,
disregarding the allegations under enquiry.

• Similarly, in respect of cases relating to


ACB which are at the stage of preliminary
enquiry the eligibility of a candidate for
promotion may be determined without
reference to such enquiry.
• Where enquiry by the ACB is completed and it is
proposed to hold regular enquiry, the case may be
deferred.
• Rule 6 (h)(i): Non-Selection Posts:
• Vacancies from 1st Sep. to 31st Aug.
• Basis: Record Sheet and the qualification
prescribed in the special rules.
• Conditional Reports to be considered:
• The DPC should assess on its own the suitability of
officers on the basis of their service record,
considering the confidential reports for equal
number of years in respect of the officers
considered, particularly for the last five years out
the preceding eight year. Where one or more CRs
have not been written during the relevant period the
DPC should consider the CRs for the proceeding
period in question.
• In case of direct recruit having less than 5
years of service, CRs for not less than three
years should be taken in to account.
• If an officer is working in a next grade
earned, the CRs in that grade may be
considered but no extra weight age may be
given merely on the ground that he has been
officiating in the higher grade
(G.O.Ms.No.291 GAD dated.3.4.90.
• Adverse remarks in CRs not communicated
to the person concerned should not be taken
in to consideration.
• Where adverse remarks the CRs are tone
down or expunged subsequent to
consideration by the DPC, the case of
such person would be brought before the
same DPC for review.
• The DPC should not be guided merely by
the overall grading, if any, that may be
recorded in the CRs but should make its
own assessment on the basis of the
entries in the CRs.
• Rule 7 Appointing Authority:

• State Services : Regional Officers where

• 1st Gazetted Regional Offices exist


otherwise H.O.D.

• 3rd Gazetted Government


& above.
RULE – 10 - TEMPORARY APPOINTMENTS INCLUDING
APPOINTMENTS BY DIRECT RECRUITMENT, BY
TRANSFER OR PROMOTION

• Where it is necessary to fill up vacancy emergently in public


interest in a post born in any cadre of service.
• If the filling of such vacancy in accordance with rules is
likely to result in un due delay.
• The appointing authority may appoint a person temporarily
in accordance with special rules either by direct recruitment
or by promotion or by transfer.
• b) No appointment shall be made of a person who does not
possess the qualification.
• In the existence of service a person who may not possess all or
some of the qualifications may be appointed temporarily.
• Such person shall be replaced as soon as possible by a person
possessing such qualifications.
• c) He shall not be regarded as a probationer.
• He is not entitled to any preferential claim to future
appointment.
• d) A person temporarily appointed shall not posses
the qualifications prescribed for the service be
replaced by the member who is entitled.
• e) The appointing authority shall have the right to
terminal or revert to lower cadre without any
notice, assigning any reasons.
• f) A person appointed to any part time post created
in lieu of whole time post born on the cadre of
service shall not be regarded as probationer.
• g) He shall not be eligible to an increment unless he
posses the tests, completed training, acquire
qualifications prescribed.
RULE – 11 – TIME LIMIT FOR JOINING

• Direct Recruitment:- 30 days (taking the date


of dispatch by Regd. post Ack. due)
• If he does not join, his appointment shall be
treated automatically cancelled and the name
the candidate shall be deemed to have been
omitted from the list of approved candidates .
• Promotion:- 15 days.
• If he does not join or evades to join the new post
by proceeding on leave, he will be considered
for promotion after one year.
RULE–12– QUALIFICATIONS FOR DIRECT
RECRUITMENT

• He is sound health, active habits, free from any


bodily defects infirmity.
• Character and Antecedents are to qualify.
• Posses the academic and other qualifications
fixed for the post in the special/ adhoc rules.
• Citizen of India
• Age:- 18 years minimum 34 years maximum (on
the first day of July)
• Minimum age limit raised uniformly 5 years for
SC., ST., BC and 10 years P.H.C.
• For SC/STs limited recruitment is made
10years relaxation allowed.
• Widows divorced women:- 40 years
SC/ST, 35 years Others. (45) years in
case of compassionate appointments.
• Disqualifications:- Canvassing or
bringing influence
• Plural marriage
• Dismissal from service previously and
conviction in a criminal court.
RULE – 13 – LANGUAGE TESTS IN TELUGU

• With in the probation period pass


language test in telugu.
• Failing which his probation shall be
extended.
• Increments in the time scale of pay shall
be postponed without commutative effect
till he pass the tests
• Time shall be allowed by extending
probation a total three years period.
• Rule–14–LANGUAGE TEST EXEMPTION
• A person who has passed SSC or its
equivalent examination or any other higher
examination with telugu as medium of
instructions and examination or with telugu
as one of the subject shall be exempted.
• Pass in 7th or 8th Class examination with
Telugu for 3rd Class Language Test.
• A person who has completed the age of 45
years shall be exempted.
• Rule 15 (a): Time to pass newly
prescribed tests:

• May be promoted, but has to pass the test


with in the period of probation or within
one year or in one of the first two
examination held after such promotion
whichever is later.
RULE – 16 COMMENCEMENT OF PROBATION

For direct recruitment:- A person appointed in


accordance with the rules by direct recruitment
shall commence his probation from the date of
his joining in the duty or from such date as may
be specified by the appointing authority.
• b) Minimum service for commencement of
probation:- From the date from which he has
been continuously on duty in such service for a
period of not less than (60) days from the date of
joining duty after having been appointed on a
regular basis.
• This rule will not apply to those who are
appointed in consultation with APPSC or DSC or
any other agency for recruitment specified by
Government.
• c) Period probation:- Direct recruitment
for a period of two years on duty with
in a continuous period of three
years.
• By promotion or by transfer:- One year
on duty with in a continuous period of
two years.
• Whenever a continuous period of duty is
prescribed as probation, leaves taken
by probationer constitutes break in the
continuity of probation.
• e) passing of tests during the probation.
• Must have pass the tests during the period of
probation.
• f) If with in the period of probation or extended
period a candidate fails to pass such tests or
acquire qualifications the appointing authority
may either extend the probation or discharge
him from service.
• The probationer appeared for tests, the result of
such tests not known before expiry of probation
period he shall continued to be on probation until
the publication of result.
• In case he fails to pass any of the tests the
appointing authority shall by order discharge him
from service.
• g) Exemption from special qualifications:-
Where a probationer has before he
commenced his probation, already
acquired any special qualifications or
passed any special tests prescribed in
these rules he shall not be required to
acquire the said qualifications or pass
the special tests after commencement
of probation.
• h) Change of date of commencement of
probation:- A probationer does not pass
prescribed tests with in or extended period of
probation shall be deemed to have
commenced the probation with effect from
the date fixed by the government which
would be anterior to a date to his passing of
such tests and the seniority of such
probationer shall be determined with effect
from the date so fixed.

• Not apply to the persons appointed prior to 9th


March, 1981.
RULE 17 – SUSPENSION, TERMINATION OR
EXTENSION OF PROBATION

The appointing authority may at any time


before the expiry of prescribed period of
probation suspended the probation and
discharging from service for want of
vacancy.
• Appointing authority may extend
probation not exceeding one year.
• Un-satisfactory service he may be
terminate probation and discharge him
from service after giving one month
notice reasons to be recorded in writing.
• c) His increments shall be
postponed until he completes his
probation.
• d) Appeal against the discharge of
probation:- With in 30 days
from the date of receipt of order.
• Such authority either on its own
motion or otherwise revise any order
discharging the probation within one
year of the such order.
RULE – 18 – DECLARATION OF PROBATION
• At the end of prescribed or extended
period of probation the appointing
authority shall considered the suitability for
satisfactory declaration of probation and
issue an order declaring the probationer to
have satisfactorily completed his
probation.
• If any lapses are noticed during the period
of probation, such lapses should be
communicated to the probationer well in
advance before expiry of probation so that
he may rectify such lapses
• If not rectified he can discharge after
giving one month notice.

• A decision on declaration of probation


shall be taken with in 8 weeks after expiry
of probation period.
• If no orders issued with in one year after
expiry of probation period, be deemed to
have completed probation satisfactorily
with retrospective effect.
• Rule 19: Rights of a probationer and
approved probationer for re-appointment:

• A vacancy in a service, class or category


shall not be filled by appointment of a
person who has not yet commenced his
probation in such service, class or
category when an approved probationer or
probationer is available for such
appointment.
• Discharge of a probationer or Approved
Probationer:
• A probationer or an approved probationer shall
be discharged from service, in the event of non-
availability of a vacancy in the following order:
• The Probationers in the order of juniority.
• The approved probationers in the order of
Juniority.
• The Discharge of persons in any administrative
unit consequent on retrenchment of posts, shall
be in the following order:
• First: Persons, other than those belonging to
SCs, and the STs appointed temporarily in the
order of juniority.
• Second: Probationers, other than those
belonging to the S.Cs and STs in the order of
juniority.
• Third: Approved Probationers other than those
belonging to the SC’s and ST’s in the order of
juniority.
• Fourth: Persons belonging to the SC’s and the
S.T’s appointed temporarily in the order of
juniority.
• Fifth: Probationers, belonging to the S.C’s and
the S.T’s in the order of Juniority.
• Sixth: Approved Probationers belonging to the
S.C’s and S.T’s in the order of juniority.
RULE 22 – SPECIAL REPRESENTATION
(RESERVATION)
• This is a measure of social justice backed by
constitutional provisions viz.
article15(3),(4),16(4), 335,341,342,and
366(24),(25)
• Reservation may be made for appointment to a
service, class, category in favour of SC,ST, BC,
Women, PHC and meritorious sports men, ex-
service men.
• The principle of reservation shall apply to all
appointments.
• Promotion and appointment by transfer (whose
total cadre strength is more than 5) w.e.f.
14.2.2003.
• The unit of appointment shall be 100
vacancies out of which SC-15%, ST-6% ,
BC-29% , OC-50%.
• In promotion by transfer 15% SC, 6% ST.
• SC,ST get a higher place by virtue of
seniority he need not be adjusted in a
lower position which is earmarked for
SC, ST.
• Such roaster points has to be fill up SC,
ST who is below in the seniority list.
• If required No. of SC, ST not
available in the feeder category to the
promotion the vacancies of SC, ST
will carry forwarded to next
recruitment year.
• Persons belonging to SC, ST, BC,
Women, PH, and Ex-Servicemen
shall be considered for open
competition vacancies on the basis of
merit and number of appointments
reserved for those categories shall
not be affected when they are so
selected to OC vacancies.
• Appointment shall be in the following order
of rotation.
• Category % Roaster points .
• ST 6% 8 W, 25, 33, 58 W, 75, 83
• SC 15% 2 W, 7, 16, 22 W, 27,41,47W
52,62,66W,72,77,87W,91,97
BC ‘A’ 7% 4 W,20,29, 45 W, 54, 70, 79
BC ‘B’ 10% 10W,24,35,39W,60, 74,81W,
85, 95,99W
BC ‘C’ 1% 14 in every 3rd cycle of 100
points roaster shall be
reserved for Women.
BC ‘D’ 7% 18W, 39, 43, 64W, 68, 89, 93
BC ‘E’ 4% 19W, 44, 69, 94
(G.O.Ms.No.30 BCW (C2) Dept. Dt.2.9.2007.
Category % Roaster points .
PHC 3% 6 (Visually), 31 (hearing), 56 (Ortho.)
If qualified and suitable candidate
not available, shall be C.F. for 3
recruitment years. In 3rd year any
category available shall be filled
by next group of disable in
rotation and reservation shall
seize their after.
Ex-Ser.Men 2% 12 W, 37 if a qualified and suitable
candidate is not available, the turn
shall deemed to be allotted to OC.
Sports Men 1% no roaster point assigned.
• g) Limited Recruitment:-
• h) After conducting limited recruitments qualified
candidates not available, vacancy may be
allotted to OC after obtaining permission from
Government.
• If after three recruitments SC, ST, BC, Women
qualified candidate is not available such vacancy
will be treated as desreserved.
• Where there is only single solitary post born, the
rule of special representation shall not apply.
• The principle carry forward of vacancies in
respect of BCs, w.e.f. 18.3.1996.
• In respect of women w.e.f. 18.10.1996.
• Roaster point for Women w.e.f. 1st Aug. 1986
• Rule 22 (A) Women Reservation in
appointments:- The matter of direct recruitment
their shall be reservation to Women is 33 1/3 %
w.e.f. 28.5.1996.
• Reservation 30% from 2.1.1984 to 27.5.1996.
• Enforcement machinery:-The Govt appointed
Asst. Commissioner (SW) Dept with supporting
staff to ensure scrupulous implementation of
Reservation policy.
• Rule of Reservation in favour of Scheduled
Castes and Scheduled Tribes
• In G.O.Ms.No.5 S.W. (ROR.1) Department,
Dated.14.2.2003 orders have been issued for
implementation of Rule of Reservation in
promotions in favour of Scheduled Castes and
Scheduled Tribes in all categories of posts in all
departments.
• In G.O.Ms.No.21 SW (ROR.1) Department,
Dated.18.3.2003 Government have issued
detailed guidelines for the implementation of the
rule of reservation in favour of SCs and STs in
promotions. They are as follows:-
• Promotion in favour of Scheduled Castes, and
Scheduled Tribes shall be implemented with
effect from 14.2.2003 i.e., date of issue of
G.O.Ms.No.5 S.W. (ROR-I) Dept. dated.
14.2.2003 prospective only in services where it
is not now available.
• Reservation in promotion in favour of Scheduled
Castes and Scheduled Tribes shall be
implemented in promotion in all the categories of
posts in all services whose total cadre strength
of posts in more than five (5).
• The Rule 22 and the provisions there under of
A.P. State Subordinate Service Rules shall apply
in promotion in favour of Scheduled Castes and
Scheduled Tribes.
• Where the existing Special Rules of any services
provide Reservation in promotion in favour of
Scheduled Castes and Scheduled Tribes, the
existing order of rotation and the existing unit
and cycle shall continue.
• Where the existing Special Rules do not provide
reservation in promotion in favour of Scheduled
Cates and Scheduled Tribes, a new and fresh
order of rotation in a new and fresh unit of
hundred vacancies as laid down in Rule 22 of
A.P. Stat and Subordinate Services shall be
followed in respect of Scheduled Castes and
Scheduled Tribe vacancies only.
• Reservation in promotion in favour of Scheduled
Caste and Scheduled Tribe shall be applicable
to those candidates who are fully qualified
eligible for promotion as per the Special Rules of
the Service and A.P. State Subordinate Service
Rules, 1996.
• The Zone of consideration as laid down in rule 6
of A.P.State and Subordinate Service Rules,
1996 in respect of Scheduled Castes and
Scheduled Tribes shall not be applicable to fill
up the roster points meant for Scheduled Castes
and Scheduled Tribe employees.
• While preparing the panels of eligible candidates
for promotion, the names of eligible Scheduled
Castes and Scheduled Tribe employees from
the feeder category have to be shown against
the roster points earmarked for them irrespective
of their seniority position in the feeder category.
However, if an Scheduled Caste and Scheduled
Tribe employees gets a higher place in the
eligible candidates list by virtue of his seniority in
the feeder category he need not be adjusted in a
lower position which is earmarked for an
Scheduled Castes, and Scheduled Tribe
Employees as per the roster system. Such roster
point has to be filled up by moving up an
Scheduled Caste and Scheduled Tribe
employees who is below in the seniority list in
the feeder category.
• Filling up the roster points shall continue till the
required percentage of Scheduled Caste and
Scheduled Tribe candidates is obtained. Once the
required percentage is obtained by taking into
account both the Scheduled Caste and Scheduled
Tribe candidates who are found in the list of
candidates fit for promotion on account of their
seniority in the feeder category and those who are
moved up to fill up the required roster point, further
adjustment of Scheduled Caste and Scheduled
Tribe employees against roster points has to be
stopped. Unutilized roster points after the required
Scheduled Caste and Scheduled Tribe employees
are not available in the feeder category to obtain
the required representation in the promotion
category, the vacancies earmarked for Scheduled
Caste and Scheduled Tribe employees according
to the roster points will be carried forward.
• The promotion panels already prepared for the
panel year 2002-03 and given effect
to/operated/partly operated i.e., if promotions are
affected, the said panels shall continue without
any changes or review and they shall not be re-
opened.
• The panel for 2002-03 which are prepared and are
not operated as on 14.2.2003 have to be reviewed
to provide special representation in promotion for
Scheduled Castes and Scheduled Tribe
employees.
• Special Representation (Reservation) in promotion
in favour of Scheduled Caste and Scheduled Tribe
shall also apply to all Educational Institutions,
Panchayat Raj Institutions, Municipalities,
Corporations, Boards, Authorities Grandhalaya
Samsthas and Market Committees and other
establish which are funded or aided by the State
Government.
• Enforcement Machinery:
• The Government appointed inspecting Asst.
Commissioners; in the social welfare department
with supporting staff to ensure scrupulous
implementation of the reservation policy and other
concessions provided for SCs/STs/BCs. They are
empowered to inspect all government offices, local
bodies, statutory corporations, PSUs Cooperative
institutions, marketing committees etc., for verifying
the implementation of the rule of reservation and
submit detailed reports as to how it is being
implemented pinpointing the lapses if any, on the
part of the appointing authorities. The Employment
Exchanges are also inspected to see while
sponsoring candidates, whether the interest of SC,
ST, BCs are protected. Servere Disciplinary action
will be taken against the appointing authorities for
the lapses, if any, viewing the matter very seriously.
Appeal, Revision and Review (Rule 23,24,25.)
• Appeal against order of promotion can be made
within 6 months from the date of order.
• Power of revision can be exercised by the Govt.
or Head of the Dept. on application by the
aggrieved person within 6 months from the date
of order.
• The Govt. on their own motion or otherwise
review any original order or revision order, if it
was passed under any mistake of fact or law or
in ignorance of any material fact.
• The person who will be affected by such revision
or review should be given an opportunity before
an order is passed.
• Rule 26: Apeal against seniority or other
conditions of service:
• Appeal against seniority or assignment of
notional seniority or par with junior shall be
entertained by the appellate authority
within a period of 90 days from the date on
which junior was promoted.
Resignation (Rule 30)

• An employee can resign his appointment.


• This resignation shall take effect from the date of
relief if he is on duty.
• If on leave, from the date of communication of order
of acceptance or on the expiry of leave as decided by
the appointing authority.
• The resignation of person under suspension pending
enquiry, into grave charges shall not be accepted.
• Withdrawal of resignation after acceptance is not
permissible without the order of Govt.
• He shall forfeit all his previous service .
• A member selected by direct recruitment to anther
post his lien in original post retained for a period of 3
years.
Relaxation of rules (Rule 31,32)

• Govt. have the power to relax any rule in


favour of any person.
• In the public interest (or)
• where application of rule is likely to cause
undue hardship to the persons concerned.
• The Govt. may review or cancel if it is found
that the order was passed under mistake of
fact or law or in ignorance of any material
• By giving an opportunity to the person
affected.
Seniority (Rule 33 )
• The seniority of a person is determined by the
date of his first appointment .
• Appointing two or more persons simultaneously
to a service may fix for the purpose of satisfying
the rule of reservation in appointment (or) order
of preference among them.
• Whenever a notional date for promotion is
assigned such date shall be taken into
consideration.
• The seniority of a retrenched employees on
reappointment shall be determined date of re
appointment.
Fixation of seniority in case of transfers on request
or on administrative grounds Rule 35)

• The seniority of a person transferred from


one unit of appointment to another unit on
administrative grounds, shall be
determined w.r,t. the date of his seniority
in the former unit.
• On request shall be fixed w.r.t. to the date
his joining duty in the later unit.
Inter-se seniority where the date of commencement of
probation are same.(Rule36)

• A seniority of a person selected by APPSC or other


selection authorities by direct recruitment, shall w.r.t.
their ranking assigned irrespective of their date of
commencement of probation.
• If the date of commencement probation is the same of
the persons promoted or appointed by transfer,
whoever aged shall be senior.
• The appeal against seniority has to be made within 90
days from the date on which junior is promoted.
• Seniority once fixed cannot be altered without giving
notice to affected persons.
• Rule 37: Seniority of directly recruited
candidates, re-allotted in consultation with
APPSC:
• Seniority shall be assigned below the last
regular candidate in the concerned class or
category in the unit to which such candidate is
re-allotted.
• Clarificatory orders issued in Cir. Memo
No.16/Ser.A/98-99, Dt.21.4.99 of G.A. (Ser.A)
Dept:
• For Determining the seniority of the employee
the provisions contained in Gen.R.33 shall be
followed.
• The seniority of a Direct Recruit is to be
determined only from the date of his/her joining
duty but not from the date on which the vacancy
earmarked for direct recruitment arose.
• If an employee is promoted to a post earmarked
for Direct Recruit, His probation shall not be
commenced from the date of his appointment
into the slot earmarked for Direct Recruitment
but shall be reckoned from the date on which he
would have occupied the vacancy meant for
promotee.
• The inter-se seniority of Direct Recruits shall be
as per the ranking assigned to them by the
recruiting agency irrespective of their dates of
joining provided they all joined with in the time
allowed for them to join as per Rule, 11.
• The Seniority lists already finalised as per court
orders need not be distributed, if they are
finalised. If not yet done, they should be finalised
as per these instructions.
• Rule 38 Posting and Transfers:
• Transfer is an incidence of service and the
power to transfer need not be traced to any
rules. It is also implied condition of service and
the appointing authority has a wide discretion in
the matter, Government is the best judge to
decide and to distribute and utilize the services
of its employees.
• Postings and transfers may be made to any post
borne on the cadre of such service, subject to
the provisions of the presidential order, as the
case may be
• a. If he is of a subordinate service within the unit
of appointment, and
• b. If he is state service any where in the State
(limited to territorial jurisdiction on the local
cadres)
• Transfers and postings and shall be made by the
appointing authority or such other authority
subordinate to the appointing authority to whom
such power had been delegated, within their
respective jurisdiction, subject to units of
appointment under the Presidential Order.
• The Head of the Department may transfer a
member of a service from unit of appointment to
another unit appointment where the presidential
order is not applicable.
• In respect of members of the state service where
Government are the appointing authority and the
Head of the Department is competent to grant
leave shall also be competent to issue reposting
orders such person on return from leave.
• The State Government on its own motion or on a
proposal made by the Head of the Department,
order for sufficient reasons, the transfer of
members of State or Subordinate Service from
the local organized under the Presidential Order,
to office of the concerned Head of the
Department and offices notified under the said
order as state level offices or special offices or
major development projects and vice versa.
• The appointing authority or any other authority
superior to such appointing authority, require a
member of the state or subordinate service if
any post borne on the cadre of any wholly or
substantially owned or controlled by
Government.
• Some guidelines issued by Government with
regard to postings and transfers.
• No Government Employee may be transferred
from one place to another before he serves
there for a period of three or two years, as the
case may be, except on grounds of promotion or
as a measure of penalty or at his own request in
very special cases.
• Where any deviation from the guidelines has to
be made, prior sanctions of the superior
authority should be obtained before such
transfer is affected. A monthly periodical report
should be submitted by the competent authority
to the Head of the Department/Government,
Deviations of these instructions result in
disciplinary action. (Govt. Memo.No.864/Ser.A/
85-1 GAD, Dated.3.7.1985.
• With regard to posts identified as focal
points employees should not be allowed to
continue indefinitely in such posts in order
to prevent malpractice and corruption.
• Posts shall be classifed as highly
preferred, preferred and normal depending
on the location of the posts in the office
situated in capital city/District head
quarters/other places, respectively and
employees shall be given posting to these
places on rotation. (G.O.Ms.No.531 GAD
(Ser.A) Dept. dated. 23.9.1989.
• If there is a grievance against a transfer order,
an appeal can be made to the next higher
authority (Govt.Memo No.116 GAD (Ser.A)
Dated.21.2.1990.
• Requests for transfer on medical grounds for self
or spouse for cancer, heart operation, neuro
surgery, bone T.B. Kidney transplantation
treatment, have to be considered on selective
basis for treatment to places where such
medical facilities are available and not to be
accepted as a matter of course. It should not be
for focal posts (G.P.Ms.No.236 GAD (Ser.A)
Dt.27.5.1996.
• Employees who retire within one year may
not be transferred from their places of
working except on promotion or on own
request or as a measure of penalty.
(G.O.Ms.No.379 GAD (Ser.A) Dt.29.8.96.
• First level gazette officers, except those
belonging to police department may be
allowed to be posted to their native
districts but not local jurisdiction
comprising their native Mandal Division
(G.O.Ms.No.418 G.A. (Ser.A) Dt.24.6.91.
THANK YOU

You might also like