Monday, 17 July 2017

G.O.Ms.No.225, Dated:18-05-1999. Passing ofthe Departmental Test/special Tests-Exemption from passing of tests prescribed in thespecial rules in respect of employees who crossed 45 years of age – Adhoc rule


                         GOVERNMENTOF ANDHRA PRADESH
                                            ABSTRACT

Public Services – Passing ofthe Departmental Test/special Tests-Exemption from passing of tests prescribed in thespecial rules in respect of employees who crossed 45 years of age – Adhoc rule –reissued.--------------------------------------------------------------------------------------------------------------
            GENERAL ADMINISTRATION(SER.C) DEPARTMENT
G.O.Ms.No.225                                                         Dated:18-05-1999.
Read the following;
  1. G.O.Ms.No.165, GA (Ser.C) Dept.. dt.22-04-97
  2. Cir.Memo.No.49152/Ser.C/97, GA (Ser.C) Dept. dt.28-07-97.
  3. Cir.Memo.No.10922/Ser.C/98, GA (Ser.C) Dept. dt.26-03-98.
  4. U.O.Note No.37275/Ser.C/98 GA (Ser.C) Dept. dt.22-07-98.
  5. From the Secretary, APPSC., Lr.No.1036/RR/2/99 dt.13-05-99.
O R D E R :
In the reference first read above anadhoc rule was issued as follows;
"Notwithstanding anythingcontained in the Andhra Pradesh State and Subordinate Service Rules or in the SpecialRules or in adhoc rules, the Government employees who have crossed 45 years of age shallbe exempted from passing the Departmental tests prescribed in the Special Rules/AdhocRules for the purpose of promotion to the next higher category (i.e) promotion/appointmentby transfer to a post above the one held by him/her if they could not pass the same."
In the references second to fourthread above clarifications were issued on the applicability of the adhoc rule.
2. The policy of the Governmentenunciated in the adhoc rule, is to exempt the employees from passing of the departmentaltests/special tests, in respect of those who crossed 45 years of age, for the purpose ofpromotion/appointment by transfer to the immediate next higher post, above the one held bythe employee if the employee could not pass the same. This concession was to consider theemployee for only one promotion after initial appointment to public service, taking intoconsideration the fact that the individual inspite of his or her best efforts to qualifyhimself, could not pass the same owing any personal reasons.
3. Certain employees have challengedthe adhoc rule and the clarifications thereon in the court of Law. The Andhra PradeshAdministrative Tribunal in its directions in O.A.No.7612/1998 referred to the Judgement ofthe High Court of Andhra Pradesh and observed as follows:
"The petitioners before theHigh Court in WP No.26310/98 also got promotions from the category of LDCs to the categoryof Superintendents and the High Court directed that their cases should be considered forfurther promotion to the post of Assistant Registrar/Assistant Controller/AdministrativeOfficer. Though the High Court has not specifically considered the legality of theclarification at Sl.No.5 in Memo.No.10922/Ser.C/98, dated 26-03-98 when it was contendedthat the petitioners in the Writ Petition are not entitled for exemption from passingAccounts Test as they were promoted earlier as Superintendents even though they did notpass Accounts Test, the High Court observed as follows:
"The argument, that petitionerswere promoted to posts of Superintendents though they did not pass the Accounts Test andare not entitled to promotion to next stage, is also without merit. The Promotion to thepost of Superintendent was on basis of proceedings dated 27-12-1989, Which confinedpromotion only to one stage. The petitioners are seeking benefit now of G.O.Ms.No.165,dated 22-04-1997. This is independent of proceedings dated 27-12-1989. Hence the argumentcannot be accepted."
The aforesaid observations showthat, even persons who have got promotions earlier in the service are entitled for gettingpromotion to one higher post in terms of adhoc rule issued in G.O.Ms.No.165, GAD., dated22-04-1997.
4. Keeping in view of the aboveobservations, it is decided to omit the wording "if they could not pass thesame" occuring in the adhoc rule and to recast the adhoc rule to be clear andspecific in depicting the policy of the Government. Accordingly, the followingnotification is issued.
5. The adhoc rule here by made shallbe deemed to have come into force with effect from 22nd April, 1997.
NOTIFICATION
In exercise of the powers conferredby the proviso to article 309 of the Constitution of India and of all other powershereunto enabling the Governor of Andhra Pradesh hereby makes the following Adhoc-rulenamely:
Adhoc Rule:
Notwithstanding anything containedin the Andhra Pradesh State and Subordinate Service Rules or in the Special Rules or inadhoc rules, the Government employees who have crossed 45 (forty five) years of age shallbe exempted from passing the departmental tests prescribed in the special rules or theadhoc rules for the purpose of promotion to the next higher category i.e., promotion orappointment by transfer involving promotion to a post above the one held by him or her, ifthey could not get even one promotion after their initial appointment.
Provided that the persons whoalready got a promotion once where no tests are prescribed for the higher post, theexemption is not applicable to him or her if he or higher category where tests areprescribed. (This adhoc rule is applicable from the panel year 1997-98).
Provided further that the exemptionis applicable in case of departmental tests or special tests only, where they areprescribed as a pre-requisite for promotion and this exemption shall not be applicablewhere like technical or academic qualifications are prescribed for promotion to the nexthigher category of posts.
Provided also that the exemptionshall not be applicable for declaration of probation, where passing of departmental testsof special tests is a pre-condition for declaration of probation.
(BY ORDER AND IN THE NAME OFTHE GOVERNOR OF ANDHRA PRADESH)
N.V.H.SASTRY
SECRETARY TO GOVERNMENT
To
The Commissioner of Printing,Stationery & Stores Purchase, Hyderabad.
All Departments of Secretariat.
All Heads of Departments.
All District Collectors/Dist.Judges.
The Secretary to Governor, Rajbhavan, Hyderabad
The Secretary to chief Minister.
The P.S. to M(Services)
The Registrar of High Court, A.P., Hyderabad.
The Registrar of A.P.Administrative Tribunal, Hyderabad.

Copy to:
The Genl.Admn. (Ser.Wel) Dept.
Law (E) Department.
All Service Sections in General Administration Deptt.
The Secretary, A.P Public Service commission, Hyd. (10 copies)
The Secretary, Vigilance Commissioner, A.P.Vigilance Commission, Hyderabad.

// Forwarded by Order//
     SectionOfficer

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