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PDF One Man Commission Six Point Formula Andhra Pradesh Headed by MR JM Gir DL
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FINAL REPORT
VOLUME-III
SEPTEMBER, 2004
Volume-III
Volume-III is in continuation of Part-1, which
which is up to 30-09-2003.
30-09-2003. As
may be seen from the Main Preface in Volume-I, the term of the
Commission was extended from 01-10-2003 to 31-03-2004 in
G.O.Rt.No.4762, G.A.(S.P.F-A) Department, dated 09-10-2003 (Appendix
and from 01-04-2004
XIII) and
XIII) 01 -04-2004 to 30-09-2004 in G.O.Rt.No.1644, G.A.(S.P.F-
A) Department, dated 07-04-2004 (Appendix XIV).
XIV). Part-2 covers the
extended period from 01-10-2003 up to 30-09-2004.
In this Part of the Report the Commission has brought out 24 fresh
Findings of deviations under the existing Deviation Genres
Genres of Part- 1. I
have also included 34 Proceedings
Proceedings on the cases disposed during the
period of this Part and also added Appendices
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
continuation of those of Part-1 in Volume-II.
Volume-II. There are no
no
Annexures pertaining
pertaining to this P
Part.
art.
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
I have not chapterised this Part but kept all the Findings under the
concerned Deviation Genre numbers of Part-1. Notionally this Part
Part is
Chapter 16, after
after the last
last Chapter 15 in Part-1. Hence paragraphs
paragraphs in this
this
Part have been numbered giving 16 as the first number with decimal
points.
Immediately
Immediately after the first extension of the Commission from 01
01-10-
-10-
2003, the Chief Secretary Sri Mohan Kanda, IAS had kindly written to all
the Special Chief Secretaries, Principal Secretaries and Secretaries to
Government to ensure that the Heads of Departments under them give the
information expeditiously to this Commission. His letter
letter may be seen at
XV in this Volume.
Appendix - XV The response
response of the
the Departments
Departments is
rather deplorable, consistently despite the meetings with the Head of
Department representatives.
representatives . The second round of meetings was held from
July 2004. Total 62 meetings were held.
held. The result
result is not so encouraging
encouraging
as departments seem to have problem with retaining or collecting
information. The Commission
Commission hopes
hopes implementation
implementation of the report
report will not
run into the same problem.
Volume-III
FINAL REPORT
PART - 2
CONTENTS
Chapter-16:
Findings (In continuation of Part-1) 5 - 33
CHAPTER – 16
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 30-09-2
30-09-2004
004 . 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
this stage
as an anticipatory measure.
16.2.0
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
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.
Departments.
16.2.2 Only 52 existing HODs have responded. The results of this response are
given at Appendix
Appendix No XVI.
REGIONAL OFFICES
16.3.0
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
incorporated almost
almost verbatim in AP Ministerial
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.
Regi on. ●
●
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.
XVII.
16.4.0 Finding
16.4.0 Finding No.44-A In connection with the Finding No.44 in SECTION-A,
PART-1 of the Final Report a reference was made to the Government
which is available at Appendix XVIII. ●
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)
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
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.
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 48-A
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. ●
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.
Commission. In fact they should have been
been appoint
appointed
ed 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.
date. The whole process
process is in contravention
contravention of the Para 5 of
the Presidential
Presidential Order and
and the General Rules.
Rules. Even in the transfer
transfer
orders the word “native” is used and not a “local candidate”.
candidate ”. Therefore
one does not know whether they were transferred, where they were
“local candidates” or where they were “natives” but not necessarily
“locals”. ●
●
16.9.0 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.
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
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
Head of Department
Department office
office cadre. This case
indicates that this type of deviation may be taking place in other
departments
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.
XXII.
(XXI–C)
Remedial Action (XXI–
10.10.2 (1) The persons who have been illegally benefited by the transfers
should be repatriated to their respective Zones and fixed in the Zonal
seniority retrospectively and their promotions reviewed accordingly.
accordingly.
16.10.3 (2) The seniorities of the persons in the HOD office may be refixed
thereafter giving them consequential
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. ●
●
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.
purpose . ●
●
16.14.0 Finding No. 73-A G.O.Ms.No. 572, Education Department dated 24-
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
16.14.3 (3) What makes this Finding poignant is that one single person has been
continuing
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.
yeas. Neither the
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
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
s o far. ●
●
16.15.1 In this connection we have also cited one case in Proceedings at Sl.
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
a nd would
have to be repatriated.
repatriated. This Division
Division IV of Special
Special Designs
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
deplorable part of it is that it is
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
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”.
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
16.16.0
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
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
XXVII.
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. ●
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
post
Schedule)) with retrospective effect.
Schedule
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
reservation for direct recruitment.
16.18.3 It is likely
likely that more cases
cases of this
this type exist. With some va
variation
riation two
other cases have come to light already and are included under Finding
No. 124 in SECTION–
SECTION–A, PART-1 of the Report (Volume-I) and Finding
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 :-
“Reservation
“Reservation in favour of local candidates in the matter of direct
recruitment in terms of Para 8 Sub-para 2 and their local area
(Zone/multi Zone, as the case may be) shall remain unchanged even
after any of the Non-gazetted posts is made gazetted. This
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‟
Government‟ the
the following provision
provision shall be a
added:
dded:
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.
XXXI. The reference of this
Commission may also be seen at Appendix XXXII.
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.
interpretations. The power of interpretation
interpretation is a very powerful
instrument that should be exercised by the highest authority, with
circumspection.
circumspectio n. Otherwise a whole legislation
legislatio n can be brought to
nought. In the legal system this is called judge
judge made law and
and only at
the apex level it gets finality. ●
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
gazetted and regardless
regardless of
of later re-designation
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. ●
●
16.24.0 Finding No.126-C The original post of Lecturer which was in the Third
Schedule having been re-designated
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
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
reservatio n 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
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 XXV and
Appendix VI in
Appendix in Volume-II and Remedial Action XXV-A
XXV-A herein above).●
above).●
16.25.1 Please see this Commission‟s letter on the issue at Appendix XXXIII.
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
16.26.0 Finding No. 126-E There may not be many Departments that
have no Service Rules. Civil Supplies
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
Presidential Order which requires that these can be done only if there is
a provision in the rules. In the absence
absence of the rules one would not kn
know
ow
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
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
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
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.
16.28.1 As already stated in Part – 1 of the Report it would be desirable to take
immediate action on the Proceedings which cover specific
Representations. Copies of these Proceedings for this Part are placed in
this Volume itself, as far as the period covered by this Part of the Report
is concerned.
16.28.2 Thirty years after the Presidential Order, a whole generation has
changed not
not only in society
society but also in the govern
government
ment set-up. Lack of
awareness, and even oblivion of the Presidential Order is therefore not
surprising..
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.
material.
APPENDICES
APPENDICES
INDEX
XV D.O.Lr.No.4/Genl.I/OMC-QNR/03,Dt
D.O.Lr.No.4/Genl.I/OMC-QNR/03,Dt.07-11-2003
.07-11-2003 41 - 42
XVIII D.O.Lr.No.11/OMC/MTGS/MA&U
D.O.Lr.No.11/OMC/MTGS/MA&UD/2001,
D/2001, 47 - 48
Dt.20-01-2004
XIX Lr.No.06/89/OMC(SPF)/B2/
Lr.No.06/89/OMC(SPF)/B2/2001,
2001, Dt.06.05.2004 49 - 51
XX Lr.No.06/74/OMC/B1/2001,
Lr.No.06/74/OMC/B1/2001, Dt.06-05-2004 52 - 55
XXI D.O.Lr.No.11/OMC/B2-(TEA)/
D.O.Lr.No.11/OMC/B2-(TEA)/2003,Dt.29-9-2003.
2003,Dt.29-9-2003. 56
XXII Lr.No.06/36/OMC/A2/2001-11,
Lr.No.06/36/OMC/A2/2001-11, Dt.06-05-2004 57 - 58
XXIII Lr.No06/65/OMC/A2/2001-10,
Lr.No06/65/OMC/A2/2001-10, Dt.06-04-2004 59 - 61
XXIV Lr.No.OMC/A2/A&C/2003-4,
Lr.No.OMC/A2/A&C/2003-4, Dt.31-01-2004 62 - 63
XXV Lr.No.11/OMC/B1/S.E/2004,
Lr.No.11/OMC/B1/S.E/2004, Dt.10-05-2004 64 - 65
XXVII Lr.No.11/OMC/PRE-B.2/2003,
Lr.No.11/OMC/PRE-B.2/2003, Dt.07-05-2004 68 - 70
XXVIII Lr.No.02/OMC/QNR/A2/2001-20,
Lr.No.02/OMC/QNR/A2/2001-20, Dt.29-04-2004 71 - 72
XXIX Lr.No.06/86/OMC/A1/2002-3,
Lr.No.06/86/OMC/A1/2002-3, Dt.05-05-2004 73 - 74
XXX Lr.No.06/59/OMC/B1/2001,
Lr.No.06/59/OMC/B1/2001, Dt.25-02-2004 75 - 77
XXXII D.O.Lr.No.OMC(SPF)/Peshi/
D.O.Lr.No.OMC(SPF)/Peshi/2003,
2003, Dt.15-12-2003 80 - 81
XXXIII Lr.No.11/OMC/NZBD/6/2003,
Lr.No.11/OMC/NZBD/6/2003, Dt.07-05-2004 82 - 83
XXXIV Lr.No.11/OMC/B1/A
Lr.No.11/OMC/B1/ANTPR/2003,
NTPR/2003, Dt.07-05-2004 84 - 86
No Appendix Nos.
Page Nos.
XXXVI Lr.No.06/89/OMC/A1/2003,
Lr.No.06/89/OMC/A1/2003, Dt.15-07-2004 89 - 92
XXXVII Lr.No.11/OMC/LET&F/LO(Enf.)B1/2004,
Dt.01-09-2004 93 - 94
XXXVIII Lr.No.11/OMC/B2/WDHCP/2003,
Lr.No.11/OMC/B2/WDHCP/2003, Dt.16-09-2004 95 - 96
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.
8.
9. G.O.Rt.No.2755,
G.O.Rt.No.4546, G.A(SPF-A)
G.A(SPF-A) Dept.,
Dept., dated
dated 17-6-2003.
17
22 -6-2003.
22-9-2003.
-9-2003.
10.Note dated 29-9-2003 from the Prl. Secretary to Chief
Minister.
***
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.
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,
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
Secretariat Branch, Hyderabad
The G.A. (Claims A, B, C, OP.I, II, III, IV, SB) Department
ST/SC
//FORWARDED
//FORWARDED BY ORDER//
ORDER//
Sd/-
SECTION OFFICER
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.
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,
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
Secretariat Branch, Hyderabad
The G.A. (Claims A, B, C, OP.I, II, III, IV, SB) Department
ST/SC
//FORWARDED
//FORWARDED BY ORDER//
ORDER//
Sd/-
SECTION OFFICER
Appendix XV
D.O.Lr.No.4/Genl.I/OMC-QNR/03,
D.O.Lr.No.4/Genl.I/OMC-QNR/03, dt.07-11-2003
Dear
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.
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
Government of A.P, Hyderabad.
Appendix XVI
Appendix XVII
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No.14/OMC/B1/2002,
Lr.No.14/OMC/B1/2002, dated 10.05.2004
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 Floor, A.P. Secretariat, Hyderabad.
To
The Secretary to Government (Services),
(Services),
General Administration Department,
A.P. Secretariat, Hyderabad.
Sir,
Ref: 1. Representation
Representation from Dr. G. Vijaya Rama Rao, EX-MLA, Gajwel
Constituency,
Constitue ncy, Medak dated nil.
2. From the Director of Collegiate Education
Lr.Rc.No.2014/OP I-1/2001, dt.25-02-2003.
3. From the RJD of Collegiate Education (FAC), Warangal
Lr.No. 2079/A1/B1/2002, dt. 24-06-2003 addressed to
Director of Collegiate Education, Hyderabad and copied
to One Man Commission (SPF).
4. OMC (SPF) Lr.No. 14/OMC/B1/2002,
14/OMC/B1/2002, dated 23.07.2003.
5. OMC (SPF) Lr.No. 14/OMC/B1/2002, dated 09.02.2004 addressed
to the Director of Collegiate Education and copied to the Secretary
to Government G.A. (SPF) Department.
6. From the RJD of Collegiate Education,
Education, Warangal
Rc.No.505/A2/2004,
Rc.No.505/A2/ 2004, dated 19.03.2004.
* * *
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
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XVIII
A.P. Secretariat,
Ph:(O) Hyderabad-22
040-23452663
Tele Fax: 040-23452663
D.O.Lr.No.11/OMC/MTGS/MA&UD/2
D.O.Lr.No.11/OMC/MTGS/MA&UD/2001-
001- , 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
were not that
included the Presidential
in the reason why Order
the other Urbanthat
is simply Development Authorities
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.
Appendix XIX
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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
represented that in East Godavari and
and Krishna districts
districts promotions were
given to the Village Development Officers, Grade-II to the post of Village
Development Officer,
to the vacancies Grade-I
in the on the
district, basis
thus of the respective
depriving him of hisdistrict seniorities,
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
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.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XX
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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
plac ed 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,
vacancy, and not first appointed
appointed in the Zones
Zones where
they were
were non-locals
non-locals and then transferred
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
T herefore 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.
temporary.
Necessary consequential
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.
herewith.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Lr.No.06/74/OMC/B1/2001,
Lr.No.06/74/OMC/B1/2001, Dt. 15-10-2003.
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The Commissioner of Intermedia
Intermediate
te 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)
3. M.Jhansi Lakshmi,
Government JuniorJunior Lecturer
College (Girls),inSiddipet,
Chemistry,
Medak District
4. Dr C.H.Goverdhan, Junior Lecturer in Chemistry,
Government Junior College, Suryapet, Nalgonda District.
Appendix XXI
A.P. Secretariat,
Ph:(O) Hyderabad-22
040-23452663
Tele Fax: 040-23452663
D.O.Lr.No.11/OMC/B2-(TEA)/2003,
D.O.Lr.No.11/OMC/B2-(TEA)/2003, Dated: 29-09-2003
Dear
With regards,
Yours sincerely,
Sd/-
(J.M.GIRGLANI)
Sri B.ARVINDA REDDY, IAS
Secretary to Government
G.A.(Service
G.A.(Service & SPF) Department
A.P. Secretariat,
Secretariat, Hyderabad. (w.e)
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,
Block,
nd
2 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
Head of Department
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.
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 r eport 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.
Appendix XXIII
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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
Representation submitted on violation
of SPF and G.O.No.610 in I&PR Dept. – Reg.
It isatseen
created any intime
the case of Ioffice
in the & PR of
Department
the HOD,that
thewhile
officethere are no
of the posts
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
strength of the
Head Office. Deputation can only be to sanctioned posts.
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
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
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
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 Presidenti
Presidential
al 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
“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
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)
Appendix XXIV
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room
Roo m No: 320, „K‟ Block,
Block,
nd
2 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,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government (Services),
(Services),
General Administration Department,
A.P. Secretariat,
Hyderabad.
Sir,
Ref: Representation
Representation from Sri P.N. Murthy, Retd. Principal,
New Nallakunta, Hyderabad dated 04.03.2004.
* * *
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
cadre s 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
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
squarely under G.O.P.728
G.O.P.728 Paras 9(B)
9(B) and 11. The “Floating
Posts” becomes invalid. But it was not deleted and the violation vi olation of the
Presidential Order continues
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
normal deputation is for three years. Neither the principle
principle of equit
equitable
able
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
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
“Transfer through
through OD
device” to circumvent Presidential Order – Issue
– Issue of instructions - Reg.
An Employee may be sent on “Other Duty” only for a very ver y 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
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.
Appendix XXVII
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
–Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
General Administration (Ser.) Department,
A.P. Secretariat,
Hyderabad.
Sir,
Sub: OMC – SPF – Transfer of Work Inspectors in Panchyat Raj
Engineering Department form other Zones to Zone VI – Proceedings
– Issued.
five Work Inspectors viz., (1) Smt. K. Durga Rani (2) Smt. S. Padmaja (3) Smt.
Uma Padma (4)Sri.
(4)Sri. T. Ravi Kumar and (5)Sri.
(5)Sri. Ch. Adinarayana
Adinarayana were transferred
transferred
from other Zones
Zones to Zone VI in violation of the SPF and now th
they
ey are claiming
promotions to the posts of A.Es depriving the Zone VI cadres.
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
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)
Lr.No.02/OMC/QNR/A2/2001-20,
Lr.No.02/OMC/QNR/A2/2001-20, dated 29.04.2004
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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
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.
Agriculture
Horticulture Officer
Officer redesignated
in HorticultureasDepartment
Agriculture on
Officer which ofis Agriculture
bifurcation called as
Department. The post of A.A.O. is included in Specified Gazetted Category (Third
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.
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.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXIX
Lr.No.06/86/OMC/A1/2002-3,
Lr.No.06/86/OMC/A1/2002-3, dated 05.05.2004
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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,
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
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”.
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
COMMISSION (SPF)
Appendix XXX
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No.06/59/OMC/B1/2001,
Lr.No.06/59/OMC/B1/2001, dated 25.02.2004
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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 – R Report
eport 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
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.
Third Schedule
Even such to the
inclusion
inclusion doesPresidential
not Order
not bring any under ce
Government
preference
preferen percentage of
percentage to India‟s
locals. orders.
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 APPSC Officials in the Meetings held by
this Commission.
Commission. It is not
not known whether
whether the position
position led to any
any litigation. The
A.P. Public Service Commission, was addressed, in the reference 3 rd cited, in this
regard.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
Appendix XXXI
Sub:- Interpretation
Interpreta tion of Sub-para (VI) of Para 2 of
G.O.Rt.No.1410 Education (Services–
(Services–VIVI–
–2) Department, Dated 28-
11-2003 on Inter District transfer of Teachers – Reg.
* * *
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
//FORWARDED::BY ORDER//
ORDER//
Sd/-OFFICER
SECTION
Appendix XXXII
D.O.Lr.No.OMC(SPF)/Peshi/2003,
D.O.Lr.No.OMC(SPF)/Peshi/2003, Dated: 15-12-2003
* * *
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,
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,
–Block,
nd
2 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
Organisation of Local Cadres
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 the Presidential
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
brought into force applying the provisions of Para 4 (4) of the Presidential Order
which are applied
applied for initial allotments.
allotments. If this exercise
exercise is done, so
some
me 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,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The Secretary to Government (Services),
(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.
01.11.75, G.A. (SPF) Department. In the absence of the Rules one would not
know how to justify these appointments
appointments by transfer.
Yours faithfully,
Sd/-
One Man Commission (SPF)
XXXV
Appendix XXXV
ESTABLISHMENT – Six Point Formula – A.P. Public Employment (OLC & RDR)
G.O.Rt.No.233 Dated:8-8-2003.
***
ORDER:
Government have issued orders in the reference 1 st 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
submitted and to suggest
its Interim necessary
report corrective
to A.P. Leg. measures.
Assembly The Committee
on 17.3.2003 and the
Government have already taken action on both the reports.
2. The GoGovernment
vernment felt that
that it necessary to continuously monitor the
implementation of assurances given in G.O.610 and also the provisions of the
Presidential Order in order to ensure that proper representation of local
candidates is maintained in Government services.
services.
3. To Continuously
Continuously monitor implementation
implementation of G.O.610 and the provisions of
Presidential Order, Government hereby constitute a Monitoring Cell headed by
the Secretary to Government (Services),
(Services), General Administration Department.
Department.
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.
Department. Additional responsibility of inspection work based on
5. All Departments
Departments of Secretariat shall provide the required information and
material to the Monitoring Cell as and when required.
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
(OP.I/II/III/IV/SB/Claims
/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
Hyderabad
The Secretary, A.P. Public Service Commission
All Recognised Associations
ST/SC
//FORWARDED
//FORWARDED BY ORDER//
ORDER//
Sd/-
SECTION OFFICER
Appendix XXXVI
Confidential
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No.06/89/OMC/A1/2003,
Lr.No.06/89/OMC/A1/2003, dated 15.07.2004
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
–Block,
nd
2 Floor,
A.P. Secretariat,
Hyderabad.
To
The Secretary to Government,
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,
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
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.
5. It was in pursuance
pursuance of Para-5
Para-5 (2) of G.O.Ms.No.610 General
Administration (SPF-A) Department, dated 30-12-1985 and G.O.Ms.No.564
General Administration
Administration (SPF-A) Department, dated 05-12-1985 that the 33
Major Development Projects of Para 14 (e), notified under G.S.R.525 (E), were
brought
fully under
under thethe purview of
Presidential the Presidential
Order. There was Order,
also a but these in
promise were no
not
both t brought
the G.O.s
mentioned hereinabove, for extending the Presidential Order to these Projects
with retrospective effect from 1983, but that was not to be. Some of the posts
like those of AEEs & DEEs remained excluded from Presidential Order albeit the
commitment under the two G.Os mentioned herein.
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.
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,
t hat,
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.
there is no project
departmental work thereposts.
work
or Non-Project cannotInbe Project
this posts.
context, theThey become
glaring „ipso are
examples facto‟
of
the Irrigation Projects like Nagarjuna Sagar Project, Godavari Barrage Project,
Vamsadhara Project, Srisailam Project, etc. Similarly Manjira Water Supply
Scheme Second Phase, Remodelling of Water Distribution System in the Twin
Cities (of Hyderabad Metropolitan Water Supply & Sewerage Board) are also
completed Projects. Instead of bringing their AEEs and DEEs under local cadres,
those posts have been wrongly treated as Project posts even after the dates
from which those posts ceased to be used for actual Project works. Due to this
incorrect action, non-locals from other zones have been regularly and improperly
posted and are being posted on deputation,
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
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.
11. Retrospective
Retrospective effect
effect to the
the consequential
consequential action, arising out of the
deletions proposed above, would adversely affect vested rights and interests of
those who were appointed/promoted validly under the then existing dispensation
that was allowed to continue despite the commitments in the two G.O.s
mentioned above. The resultant contentions
contentions and litigations in this regard may be
taken into consideration if the retrospective deletions are effected. The hassle-
less course would seem to be to make deletion of item (e) of para 14 and GSR
525 (E) prospectively, but with immediate effect, though it would be against the
logical course of action as mentioned in para 10 above.
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
Yours faithfully,
Sd/-
(J.M. GIRGLANI)
ONE MAN COMMISSION (SPF)
Appendix XXXVII
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
–Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The President,
Telangana Employees Association,
Association,
C-62,
C-62, „B‟ Blocks,
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
Commission er of Labour were heard on 25.08.2004.
since With
thereregard to the
are only Labour
three Officer
posts posts inOfficers,
of Labour the Headeven
of Department office,
if the fair-share
principle is applied as per Para-9 and 11 of GOP 728, each multi-zone will get
only one
one post.
post. Therefore, there can
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
COMMISSION (SPF)
Appendix XXXVIII
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No.11/OMC/B2/WDHCP/2003,
Lr.No.11/OMC/B2/WDHCP/2003, dated 16.09.2004
From
J.M.GIRGLANI,IAS.,(Retd.),
One Man Commission (SPF),
Room No.320, „K‟ –Block,
–Block,
nd
2 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
implementation of G.O.Ms.No.610 –
Regarding.
Ref: 1. Representation
Representation from O. Ramulu & others, dated
dated Nil.
2. G.O.Ms.No.1, WD, CW & L Department, dt.06.01.1988.
3. G.O.Ms.No.36, WD & CD (WH.Desk) Department, dated
08.07.1996.
4. From Commissioner, DW & SC, Lr.No.S-IV/1945/2003, dated
20.08.2004.
* * *
I invite your attention to the references cited.
Yours faithfully,
Sd/-
ONE MAN COMMISSION
COMMISSION (SPF)
Appendix XXXIX
II) The following information has been given at the time of Meeting:-
1. Compositi
Composition
on of staff in HODs.
2. Information regarding
regarding posts gazetted after 18.10.75 in proforma 1,
1A, 1B and 1C.
3. Information in Table No.13, Locals and Non-Locals status of
workcharged employees.
4. Information in Table No.14, Locals and Non-Locals status of
employees working on deputation.
5. Information in Table No.16, Locals and Non-Locals status of staff of
staff working on the State Level Institutions.
10(A)(1).
IV) The minutes of the
the meeting held on 17.10.2002 with the WD,WD, CW & DW
Department, Secretariat and the HOD as confirmed by the HOD 0n
17.03.2003 was discussed
discussed in the meeting and the Commission
Commission observed
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
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”.
Department”.
Sd/-
(J.M.GIRGLANI)
ONE MAN COMMISSION (SPF)
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
informed that in the Head Office they have a Deputy Director who is a
departmental person and an Assistant Director who is on deputation. The only
departmental posts in the department seem to be Last Grade employees,
Assistants and Office Superintendents, in the Districts as well as in Head Office.
They have, therefore, no feeder channel for any gazetted posts. The District
Youth Welfare Officers are on deputation. They have adhoc rules. At this stage
we cannot have a localization scheme nor can we enforce the fair share principle
of deputation. It is quite strange that a person has reached the level of a Deputy
Director without proper feeder channel in the department. It is recommended
that the department should fill up a feeder channel or have 70% direct
recruitment to the posts of District Youth Welfare Officers prescribing
recruitment criteria suitable to the post, leaving 30% for the Non-Governmental
Organizations of the Department.
Sd/-
(J.M.GIRGLANI)
ONE MAN COMMISSION(SPF)
PROCEEDINGS
PROCEEDINGS
INDEX
68 06/OMC/KMM/A2/2003-1,
06/OMC/KMM/A2/2003-1, Dt.29/09/2003 103 - 104
69 06/OMC/KMM/A2/2003-2,
06/OMC/KMM/A2/2003-2, Dt.30-09-2003 105 - 106
70 06/74/OMC/B1/2001, Dt.15/10/2003
06/74/OMC/B1/2001, 107 - 108
71 06/60/OMC(S.P.F)/B1/2001,
06/60/OMC(S.P.F)/B1/2001, Dt.29/10/2003. 109
72 11/OMC/WGL-21/B1/2002,
11/OMC/WGL-21/B1/2002, Dt.05/11/2003 110 - 111
73 11/OMC/WGL-21/B1/2002,
11/OMC/WGL-21/B1/2002, Dt.05/11/2003. 112 - 113
74 06/51/OMC/A2/2001-3,
06/51/OMC/A2/2001-3, Dt.10/11/2003 114 - 115
75 06/51/OMC/A2/2001-4,
06/51/OMC/A2/2001-4, Dt.10/11/2003. 116 - 117
76 06/114/OMC/A3/2001-,
06/114/OMC/A3/2001-, Dt.13/11/2003. 118 - 119
77 11/OMC/WRL/A2/2001,
11/OMC/WRL/A2/2001, Dt.20/11/2003. 120 - 121
78 1 1/OMC/WRL/A2/2001,
11/OMC/WRL/ A2/2001, Dt.20/11/2003. 122 - 123
79 11/OMC/WGL/8/A2/2001-4,
11/OMC/WGL/8/A2/2001-4, Dt.27/11/2003 124 - 126
80 11/OMC/WGL/8/A2/2001-5,
11/OMC/WGL/8/A2/2001-5, Dt.27/11/2003
Dt.27/11/2003 127 - 129
81 11/OMC/WGL/8/A2/2001-6,
11/OMC/WGL/8/A2/2001-6, Dt.27/11/2003
Dt.27/11/2003 130 - 132
82 11/OMC/B1/SE/2003,
11/OMC/B1/SE/2003, Dt.12-12-2003 133 - 135
83 06/92/OMC/A1/I&C.A.D/
06/92/OMC/A1/I&C.A.D/2003-2,
2003-2, Dt.16/12/2003 136
84 06/89/1/OMC/B2/2001,
06/89/1/OMC/B2/2001, Dt.17/12/2003 137 - 138
85 11/OMC/B1/2003/Dt.20-12-2003.
11/OMC/B1/2003/Dt.20-12-2003. 139 - 140
86 06/34/OMC/A2/2003,
06/34/OMC/A2/2003, Dt.26/12/2003. 141 - 143
87 11/OMC/B1/I/2003,
11/OMC/B1/I/2003, Dt.12/01/2004 144 - 145
88 06/91/OMC/A1/2003-3,
06/91/OMC/A1/2003-3, Dt.21/01/2004 146 - 147
89 11/OMC/B2/E.O/2004,
11/OMC/B2/E.O/2004, Dt.21/01/2004. 148
90 06/93/OMC/A1/2003-2,
06/93/OMC/A1/2003-2, Dt.31/01/2004 149
91 06/59/OMC/B1/2001,
06/59/OMC/B1/2001, Dt.25/02/2004. 150-151
92 06/111/OMC/A1/2001,
06/111/OMC/A1/2001, Dt.15/03/2004 152- 153
93 06/90/OMC/A1/2003,
06/90/OMC/A1/2003, Dt.23/03/2004. 154
94 06/59/OMC/B1/2001,
06/59/OMC/B1/2001, Dt.31/03/2004 155
95 06/65/OMC/A2/2001-11,
06/65/OMC/A2/2001-11, Dt.19/04/2004. 156
96 06/89/OMC/S.P.F/B2/2001,
06/89/OMC/S.P.F/B2/2001, Dt.06/05/2004 157 - 158
97 06/36/OMC/A2/2001-10,
06/36/OMC/A2/2001-10, Dt.06/05/2004. 159 - 161
98 11/OMC/PRE-B2/2003,
11/OMC/PRE-B2/2003, Dt.07/05/2004. 162 - 164
100 11/OMC/S.P.F/Medak/2/B2/
11/OMC/S.P.F/Medak/2/B2/2003,
2003, Dt.10-05-2004 167 – 168
101 11/OMC/B1/S.E/2004,
11/OMC/B1/S.E/2004, Dt.10-05-2004 169
* * *
68
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Proceedings No.06/OMC/KMM/A2/2003-1,
No.06/OMC/KMM/A2/2003-1, dated 29-09-2003
Ref: Representation
Representat ion of Sri V. Venkata Ramana, Asst. Inspector of
Sericulture, Bhadrachalam,
Bhadrachalam, Khammam Dist. Dated 06-08-03.
*****
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
basis of local candidate
candidate for local
local cadre. Even if there were
were any “Local”
“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
candidates together. It is not even very
very certain whether
whether candidates were
were
called for from the different Employment Exchanges where Sericulture units are
located. If they were
were not called
called from different districts
districts then the appropriate
appropriate
thing was to select for training,
training, district-wise.
district-wise. However, what
what has happened
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.
Inspector of Sericulture available in Anantapur District.
District. The Commission
Commission would
not consider it right to recommend creation of supernumerary vacancy for him.
He has to remain where he is. The only recommendation
recommendati on the Commission can
make is that as and when there is a clear vacancy in his local areas viz., Zone-IV
he
to may ebe posted torecord.
his educational
ducational his
rec localIn
ord. zone
theafter
HODverifying
Office ifhis localisstatus
there with
ncyreference
a vacancy
vaca of Asst.
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
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)
Ref: Representati
Representation
on of Sri V. Kesava Reddy, Asst. Inspector of Sericulture,
Bhadrachalam,
Bhadrachala m, Khammam District, dated 06-08-03.
* * *
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
from the
thebasis
basis
localofEmployment
local candidate for
for local
Exchanges of cadre.
cadr e. Districts,
these If there they
were
were would
any candidates
candidates
obviously
be weeded out initially itself by following the merit in B.Sc examination for all
candidates together.
together. It is not even very certain
certain whether candidates
candidates were called
for from the different Employment Exchanges where Sericulture units are
located. If they did did call for
for from different
different districts
districts then the appropriate
appropriate thing
was to select
select for training,
training, district wise.
wise. However, what what has happened
happened is now
„fait accompli‟, a case of deviation from Presidential Orde Order,
r, 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
were selected,
selected, trained
trained or posted.
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.
Inspector of Sericulture
Sericulture available in
in Anantapur District. The Commission
Commission would
not consider it right to recommend creation of supernumerary vacancy for him.
He has to remain where he is. The only recommendation
recommendati on 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
educational record.
record. In the HOD Office if there is a vacancy
vacancy of Asst.
Asst.
Inspector of Sericulture
after verifying thenlocal
his actual the Anantapur
status. man can
Since be posted
transfers in that
would havevacancy
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 Commissions Proceedings while making
the proposal to the Government if and 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.
2. The Commissioner
Commissioner of Sericulture,
Sericulture,
A.P., Hyderabad.
Copy to SF/SC.
70
Lr.No.06/74/OMC/B1/2001,
Lr.No.06/74/OMC/B1/2001, Dt. 15-10-2003.
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The Commissioner of Intermedia
Intermediate
te Education,
Near Latha Talkies,
Nampally,
Hyderabad.
Sir,
Sub: OMC – SPF – Implementati
Implementation
on of G.O.Ms.No.610,
G.O.Ms.N o.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,
Education, dated 12-10-1999 but only to the zones in which they would be “local
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,
Block,
nd
2 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,
Sub: OMC(SPF)
OMC(SPF)– – Representation of Sri D. Kumara Swamy, Junior
Lecturer in Economics, S.K.S.D. Mahila Kalasala, Tanuku, W.G.Dist. –
Transfer to any Jr. College near his native native place (Ramayampet) Medak
District – G.O.Ms. No. 610 – Reg.
* * *
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)
72
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block
Block,,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The Director of Prosecutions,
D.G.P. Office Premises,
Lakdi-ka-Pool,
Hyderabad.(W.E)
Sir,
Sub: OMC
OMC––SPF – Post of Asst. Public Prosecutor – Certain clarification –
Reg.
* * *
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
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
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)
Justice),
necessary A.P. Secretariat,
action. (W.E.) Hyderabad for information and
73
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
Smt. P. Suseela,
Assistant Public Prosecutor
J.F.C.M. Court,
Mahaboobabad,
Warangal District.
Madam,
Sub: OMC
OMC– –SPF – Smt. P. Suseela, A.P.P. in J.F.C.M.C, Mahaboobabad,
Warangal district – request for transfer to Visakhapatnam Zone I –
Reg.
* * *
st
With reference to your representation 1 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
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.
Hence, you are informed that legally no violation of Presidential Order can
be attributed to your appointment.
appointment.
Yours faithfully,
Sd/-
74
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
Sri D. Muralidhar Reddy, Asst. Inspector of Sericulture O/o.Deputy
were made purely on merit based on the performance at Central Silk Board
Training Institute.
J.M.GIRGLANI,
Copy to
The Commissioner of Sericulture, Hyderabad.
Agriculture & Co-op.(Seri.) Department,
Department,
SF/SCs.
//Forwarded
//Forwarded by Order//
Sd/-
SECTION OFFICER
75
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
Sri J. Devender Rao, Asst. Inspector of Sericulture O/o.Asst. Director of
Hyderabad it has stated that vide their office Pro.Rc.No. 4605/87/B2, dated 5-3-
1988 five candidates were appointed including the petitioner as Asst. Inspectors
of Sericulture in Zone – V and that out of five candidates, one Candidate i.e. Sri.
Ashok Kumar who belongs to Zone – VI, Medak Dist., has been appointed as
Asst. Inspector of Sericulture in Zone – V as non-local candidate under 30%
quota as per the provisions of the Presidential Order and later by virtue of his
seniority in Zone – V and eligibility
eligibility Sri Ashok Kumar got promotion
promotion as Inspector
of Sericulture in Zone – V. It has also been confirmed that the appointments
were made purely on merit based on the performance at Central Silk Board
Training Institute.
J.M.GIRGLANI,
Copy to
The Commissioner of Sericulture, Hyderabad.
Agriculture & Co-op.(Seri) Department,
Department,
SF/SCs.
//Forwarded
//Forwarded by Order//
Sd/-
SECTION OFFICER
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
13–11-2003.
D.O.Lr.No. 6/114/OMC/A3/2001, dt. 13–
Dear Shri
3. OMC (SPF)
4. From Lr.No. 6/114/OMC/A3/2001,
A.H.,D.D.&F. 6/114/OMC/A3/ 2001, dt. 04-04-03.
Department U.O.note
No. 5903/Dy.II/1/03
5903/Dy.II/1/03 dated 16-10-2003.
5. From the APDDCF G.M. (Fin & Per.)
Lr.No. 1329/Per-I/B2/2003, dt.30-10-2003.
***
I invite your
your attention to the references cited.
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)
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
J.M. GIRGLANI,
ONE MAN COMMISSION(SPF)
COMMISSION(SPF)
To
Sri M. Ramesh,
Inspector of Sericulture, Warangal.
Copy to:
The Commissioner of Sericulture, Hyderabad.
The Agriculture & Co-op.(Seri.) Dept.
//Forwarded
//Forwarded by order//
Sd/-
SECTION OFFICER
78
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
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
Forwarded by order//
Sd/-
SECTION OFFICER
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
respective cadres and that
that as a result of
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
J.M.GIRGLANI,
ONE MAN COMMISSION
COMMISSION (SPF)
To
The Commissioner of Sericulture,
Hyderabad.
Sri M. Thirupathi,
Farm Foreman,
O/o. Asst. Director of Sericulture,
Warangal.
Sd/-
SECTION OFFICER
80
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
***
selected for the training purpose only and were not given any assurance of
appointment in the Department at the time of their selection for training.
located. If they did call for from different districts then the appropriate thing was
to select for training, district-wise.
district-wise. However, what has happened is now „fact
accompli‟, a case of deviation from Presidential Order, intended or inadvertent
one can never know.
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
proposal to the Government if and
when the vacancies arise.
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
The Commissioner of Sericulture,
Hyderabad.
// Forwarded
Forwarded by order//
Sd/-
SECTION OFFICER
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
stagnated in the appointed
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
J.M.GIRGLANI,
ONE MAN COMMISSION (SPF)
To
The Commissioner of Sericulture,
Hyderabad.
// Forwarded
Forwarded by order//
Sd/-
SECTION OFFICER
82
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
declared as HeadOrder under the Saving
of Department; Clause
the post –“B” since
sanctioned the
to the Department
Department is is
a
State Level Post and hence the Six Point Formula and G.O.Ms.No.610 does not
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:-
1. As per Jawahar Bal Bhavan Subordinate Service Rules the Post of
“Laboratory Assistant” has neither a feeder channel for promotion or
deputation – but only to be filled through Direct Recruitment;
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”.
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)
Lr.No. 06/92/OMC(A1)
06/92/OMC(A1)/I&CAD/2003-2,
/I&CAD/2003-2, dated 16.12.2003
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
To
The President,
T.N.G.O‟s Central Union,
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
attention to th
the
e references cited
cited and to iinform
nform you that the
individual case is a fact of the general issue & regarding absorption of surplus
staff in the Zones/Districts
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)
84
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Ref: 1. Representati
Representation
on 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.
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).
(I/C).
This Commission in its Preliminary Report it-self held that there was no
need to reopen the initial allotments made by the Allotment Committee
Committees
s 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
Government in this regard, final.
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)
Lr.No.11/OMC/B1/2003,
Lr.No.11/OMC/B1/2003, dated 20.12.2003
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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.
alleged violations.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
Copy to:
to: Sri A. Sai Baba,
Baba, Sr. Assistant, Q.Q. Government
Government Polytechnic,
Polytechnic,
Hyderabad – 64.
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
Department willingly.
willingly.
The individual has also represented that he has given willingness to work
candidates for local cadre”, since the candidates were called for from different
District Employment Exchanges where Sericulture units were located. Since
they called candidates from different Districts, the appropriate thing would have
been to select for training district-wise. However, whatever has happened is now
„fait accompli‟ a case of deviation from Presidential Order, intended or
inadvertent, one can never know.
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
Agriculture &Co-operation (Sericulture) Deptt.
The Commissioner of Sericulture, A.P., Hyderabad.
1.The Individual.
Copy to: 1.The
2. SF/SC.
// FORWARDED
FORWARDED BY ORDER//
ORDER//
Sd/-
SECTION OFFICER.
87
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No.11/OMC/B1/I/2003,
Lr.No.11/OMC/B1/I/2003, dated 12.01.2004
From
J.M. GIRGLANI, IAS., (Retd.)
One Man Commission (SPF),
Room No: 320, „K‟ Block,
Block,
nd
2 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.
2003
copiedaddressed to(SPF)
to the OMC the Commissioner of Government.
Hyderabad and Technical Education and
3. OMC (SPF) Proceedings No. 06/63/OMC/B1/2001,dated
06/63/OMC/B1/2001,dated 15-09-03.
* * *
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.
Yours faithfully,
Sd/-
for ONE MAN COMMISSION (SPF)
Copy to: Sri Santosh P. Kivlekar, Sr. Assistant, Government Polytechnic, Masab
Tank, Hyderabad.
88
Lr.No. 06/91/OMC(A
06/91/OMC(A1)/2003-3,
1)/2003-3, dated 21.01.2004
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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.
***
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)
89
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No. 11/OMC/B2
11/OMC/B2 E.O/2004, dated 21.01.2004
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No:
No: 320, „K‟ Block,
Block,
nd
2 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)
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)
91
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No.06/59/OMC/B1/2001,
Lr.No.06/59/OMC/B1/2001, dated 25.02.2004
From
J.M. Girglani, IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
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 – Rep
Report
ort called
called for - Regarding.
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-
“non-local quota”, but not as the open merit quota. This position is in
contravention
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 the Third
Schedule to the Presidential Order under Government
Governm ent 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,
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.
the post.
Yours faithfully,
Sd/-
One Man Commission (SPF)
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–
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.
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
Sankariah,Senior Assistant,R.W.& M Sub-Divn.II, T.B.C.Compound,
T.B.C.Compound,
Bhagya Nagar, Kurnool.
Copy to:-
The Prl.
Prl . Secretary to Government,
Gover nment, I&CAD Department,
A.P. Secretariat, Hyderabad
Hyderabad
//Forwarded
//Forwarded by order//
Sd/-
Section Officer
93
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No. 06/90/OMC/A1/2003,dated
06/90/OMC/A1/2003,dated 23.03.2004
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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
Representation – Reg.
Ref: Your representation
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,
Superintendent, O/o. C.E., TGP, Srikalahasti.
2. Sri M. Laxminarayana,Superintendent,O/
Laxminarayana,Superintendent,O/o.C.E.,TGP,
o.C.E.,TGP, Srikalahasti
3. Sri K.N. Prasada Rao, Superintendent,O/o.C.E.,TGP,
Superintendent,O/o.C.E.,TGP, Srikalahasti
4. Sri A. Syama Sundaram,Sr. Assistant,O/o.C.E.,TGP,
Assistant,O/o.C.E.,TGP, Srikalahasti
5. The Engineer-in-Chief (Admn. Wing),
I&CAD Dept., Errum Manzil,
Hyderabad.
94
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No.06/59/OMC/B1/2001,
Lr.No.06/59/OMC/B1/2001, dated 31.03.2004
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 Floor, A.P. Secretariat,
Hyderabad.
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 representatio
representation
n of Sri V. Shankaraiah
Shankaraiah - Reg.
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)
95
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Lr.No. 06/65/OMC/A2/
06/65/OMC/A2/2001-11,
2001-11, dated 19.04.2004
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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)
96
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Proceedings.No.06/89/OMC
Proceedings.No.06/89/OMC (SPF)/B2/2001, dated 06.05.2004
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
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.
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
Representation dated 18-09-2001.
2. From the Secretary to Govt. Finance Department,
D.O.Lr.No.3977/295/A2/Admn.1/
D.O.Lr.No.3977/295/ A2/Admn.1/2001,
2001, Dt. 03-09-2001.
3. From the Director, Treasuries and Accounts Department
Department,, Hyderabad
Lr.No.B3/12961/2001,
Lr.No.B3/12961/20 01, dated 08-04-2003
0 8-04-2003 and 10-03-2004.
* * *
and Government have permitted their retention in the Head Office from the date
probation in their respective Branch Offices in the Districts. The Petitioner herein
objected, since their dates of seniority were fixed above him, though he joined
the Office of Director of Treasuries and Accounts on allotment by the APPSC.,
much ahead of their transfers and dates of their joining in H.O.D., Office.
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
Pr esidential 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 H ead 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
Accounts Department
Department already provided
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.
Prem Kumar and P. Basappa Chowdary are ab initio violative of the Presidential
Order. Consequently, their seniorities have to be counted only in their respective
local cadres and promotions worked out retrospectively, accordingly. The
seniorities in the Head Office will also have to be worked our excluding the
above four (4) persons and promotions also worked out in the H.O.D Office
accordingly.
Sd/-
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
The Director,
Treasuries and Accounts Deptt.
98
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
Proceedings No.11/OMC/PRE-B.2/2003,
No.11/OMC/PRE-B.2/2003, dated 07.05.2004
* * *
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.
Sd/-
J.M.GIRGLANI
ONE MAN COMMISSION (SPF)
To
The Engineer-in-Chief,
Engineer-in-Chief,
Panchayati Raj Engineering Department,
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,
Block,
nd
2 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.
Ref: 1. Representation
Representation from Dr. G. Vijaya Rama Rao, EX-MLA, Gajwel
Constituency,
Constituency, Medak dated nil.
2. From the Director of Collegiate Education
Lr.Rc.No.2014/OP I-1/2001, dt.25-02-2003.
3. From the RJD of Collegiate Education (FAC), Warangal Lr.No.
2079/A1/B1/2002, dt. 24-06-2003 addressed to Director of
Collegiate Education, Hyderabad and copied to One Man
4. Commissio
Commission
OMC (SPF)nLr.No.
(SPF).14/OMC/B1/2002,
14/OMC/B1/2002, dated 23.07.2003.
5. OMC (SPF) Lr.No. 14/OMC/B1/2002, dated 09.02.2004 addressed
to the Director of Collegiate Education and copied to the Secretary
to Government G.A. (SPF) Department.
6. From the RJD of Collegiate Education, Warangal Rc.No.505/A2/
Rc.No.505/A2/04,
04,
dated 19.03.2004.
* * *
With reference to representation 1 st 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.
force.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)
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
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.
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.
101
GOVERNMENT OF ANDHRA PRADESH
ONE MAN COMMISSION (SPF)
From
J.M. Girglani,IAS., (Retd.)
One Man Commission (SPF)
Room No: 320, „K‟ Block,
Block,
nd
2 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,
* * *
you that the matter has been referred to the Government with Commission‟s
views there on, as the Commission has found your grievance to be genuine in
principle.
Yours faithfully,
Sd/-
ONE MAN COMMISSION (SPF)