Sunday, 16 July 2017

G.O. Ms. No.105, Dt.02-06-2011. Employees of local bodies who were appointed through A.P.P.S.C./D.S.C., in Govt. Service – Pay Protection


 GOVERNMENT OF ANDHRA PRADESH 
ABSTRACT 

Public Services - Employees of local bodies who were  appointed through A.P.P.S.C./D.S.C.,  in Govt. Service – Pay Protection – Orders – Issued.

 FINANCE (FR.II) DEPARTMENT
                 G.O. Ms. No. 105                                  Dt.02-06-2011                           

Read the following:
1. Representation of A.P. Secretariat Association, Hyderabad Dt. 8-10-2010 and 15-4-2011.
2. G.O.Ms.No.472, G.A. Dept. dated 23-7-1968
3. G.O.Ms.No.653, G.A. dept. dt. 29-10-1968
4. G.O.Ms.No.168, Panchayat Raj (Estt.III) Dept., dt. 20-3-1981.
5. G.O. Ms. No. 213, Finance (FR.II) dept., dt. 13-7-1983
6. G.O. Ms.No.297, Finance Dept. dt. 14-10-1996  

                                         ***

O R D E R:
In the reference 1st read above, the A.P. Secretariat Association, Hyderabad has stated that certain employees have appeared for competitive examinations conducted by APPSC and got selection for different posts i.e., ASOs. in Secretariat, as Senior Accountants or equal cadres in the Directorates etc., in the Government service.  Before entering into Government Service they had rendered  long service in  post falling  under jurisdiction of local bodies .  It has been represented that they  were drawing much higher pay than the minimum of the time Scale of Pay in the present posts  for which they are freshly recruited under Government service.  After joining in the present Government posts they have not been allowed  service benefits like pay protection, carry forward of leave and counting of past service for pension for the reason that they are not covered under FR 22(a)(iv).  It has been represented that this refusal is causing  much heart burning and hardship to  employees who had worked earlier under local bodies and been recruited  to the posts in the Government.  It was further stated that all service conditions of the employees of local bodies and employees in Government are similar in nature and the services of the local bodies were provincialised in G.O.Ms.No. 168, P.R. (Estt.III) Dept., dt. 20-3-1981. As the salaries of the employees of local bodies are being  drawn under the Head “010. Salaries’ from out of the consolidated fund of the State, the Association requested  to allow pay protection for all the employees recruited through APPSC irrespective of the post from which they came.

2. According to the orders issued in G.O. 2nd read above Govt. employees have been declared ineligible for direct recruitment.  The said rule has been  amended in G.O.3rd read above and Government permitted govt. employees to apply for direct recruitment and further  Govt. employees have been permitted to retain all other benefits accrued to them in the previous posts except the lien.  In G.O. 5th  read above, orders have been issued for protection of pay stipulating that the pay in the new post should not be less than the pay drawn by the Government servant in their earlier post.   In Memo. No. 24555/788/FR.II/84-1, dt. 5-10-1984 a clarification was issued to this G.O. stating that the pay may be fixed at the minimum of the scale of the new post, and if this pay happens to be less than the pay drawn from the previous post, then the shortfall in pay should be protected as personal pay to be absorbed in future increases.  The sole ground on which these instructions were issued was that junior shall not draw higher pay than his seniors by virtue of his holding a post before selection by APPSC.

3. Consequently and in view of the judgement of Supreme Court orders were issued in G.O.6th  read above  providing for pay protection, which was confined to the government servants only. According to the said orders, “this benefit shall be confined to the Govt. employees only.  The employees working in central Govt. Universities, aided Institutions etc., who are appointed to the Govt. service on selection by the A.P.P.S.C.. or Dist. Selection committee are not eligible for the benefit provided under sub-clause (iv).

4. According to Rule 39 © of A.P. State and Subordinate service rules, a person in the service of the government, who applies for direct recruitment and accepts the new post will retain all benefits accrued to him in the previous post except  the lien which he has held over will come to an end.

5. In  the wake  of orders  mentioned  above, the  request of  the A.P. Secretariat Association  has been  examined and the Government is  of  the view  that  as  the word “provincialisation of  services”  is no where defined  in  the Acts or  the Rules and as at   present  the  salaries  are being  paid through Treasuries  from  10-12-2004 under the  Head of Account  “010. Salaries”  the benefit  of  this protection can  be  agreed  to  the  employees who are  appointed after . 10-12-2004.  

6. In  the circumstances stated  above, Government hereby  order that   the  former employees of local bodies  who are appointed   later   through A.P.P.S.C.  and D.S.C., in Govt. Service  on or  after 10-12-2004, and who  are continuing  in government service as on today  be given pay  protection under F.R 22(a)  (iv)  with monetary  benefit  from  the date  of  issue of  these orders.

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

L.V.  SUBRAHMANYAM  
   PRINCIPAL  SECRETARY  TO  GOVERNMENT  (FP) 




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