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U.O.NoteNo.555/SPF.A/91-1, Dated 4.10.1991. Andhra PradeshPublic Employment (Organisation of local cadres and Regulation of Direct Recruitment )Order, 1975. Local cadre transfer of Government employees to join their spouses in publicinterest

GOVERNMENT OFANDHRA PRADESH
GENERALADMINISTRATION DEPARTMENT

U.O.NoteNo.555/SPF.A/91-1, Dated 4.10.1991.

Sub: SIX POINT FORMULA - Andhra PradeshPublic Employment (Organisation of local cadres and Regulation of Direct Recruitment )Order, 1975. Local cadre transfer of Government employees to join their spouses in publicinterest - Revised instructions -Issued.

Ref:  1. G.O.P.No.728, G.A (SPF.A)Department, dated 1.11.1975
       2. G.O.Ms.No.569, G.A (Ser.A) Department, dated22.8.1977.
       3. U.O.Note No.1588/SPF.A77-1, G.A(SPF.A) Department,dated 3.10.1977.
       4. U.O.Note No.949/SPF/A/81-1, G.A(SPF.A) Department,dated 25.9.1981.
       5. U.O.Note No.1030/SPF.A/82-1, G.A(SPF.A)Department, dated 20.11.1982.



    TheAndhra Pradesh Public Employment (Organisation of Local Cadres and Regulation of DirectRecruitment) Order, 1975 which is commonly called as the Presidential Order putsrestrictions on transfer of employees from one local cadre to another. Sub-paragraph (2)of paragrapah 5 of the said order enables the State Government to make provision fortransfer of a person from a local cadre to an office/establishment to which the order doesnot apply and vice versa and also from one local cadre to another local cadre.

    Sub-paragraph (2) (c) of paragraph 5 of the Presidential Order enablesGovernment to make provision in the rules for transfer of a person from one local cadre toanother where no qualified or suitable person is available in the latter cadre or wheresuch transfer is otherwise considered necessary in public interest. Consistent with thatprovision, an Ad-hoc rule was issued in the G.O.2nd cited to the effect that transfer ofas person holding post in a category organised into local cadre, from one local cadre toanother shall be made by the Government where no qualified or suitable person is availablein the latter cadre or where such transfer is otherwise considered necessary in the"public interest".

3. The term ‘publicinterest’ being very comprehensive it was clarified in para 10 (a)(c) of G.O.P. 1stcited that the transfers on account of A.C.B. enquiries, etc., may be treated as in‘public interest’. Instructions were issued in the U.O.Note of her husband whowas also employed could be considered in ‘public interest’. It was further laiddown therein that it would be more appropriate to effect such transfers only in clearvacancies and without seriously affecting the chances of promotion of persons in thefeeder local cadre, and where competing claims arose the order of priority indicated belowmay be followed while considering such requests.

(1) Both wife and husbandworking in State Government / State Public Sector Offices.

(2) Either wife orhusband in Central Government/Central Public Sector Service and the other spouse in StateGovernment / State Public Sector service.

(3) Either wife orhusband in State Government service and the other spouse in private employment.

4. Later, the entireissue relating to the transfer of spouses under para 5(2)(c) of the Presidential Order hadbeen reviewed by Government and it was reiterated in U.O.Note 4th cited that such transfershould be made only in a clear vacancy and the chances of promotion in the feeder localcadres are not seriously affected. In addition to the above two conditions, anothercondition that persons transferred should take last rank in the category in the cadre towhich transfer would be affected,. has been prescribed therein.

5. While examining thecases of transfers received from the spouses in the light of the above mentionedinstructions, it has come to the notice of Government that the liberal policy ofGovernment to permit a person in State Government Service to a local cadre where otherspouse was in private employment has led to large scale misuse. Thereupon Governmentreviewed the issue of local cadre transfers once again and ordered in the U.O.Note 5thcited that the requests for local cadre transfers on the ground that either wife orhusband is in State Government t Service and the other spouse in private employment neednot be considered. It was directed in the said U.O. note that the transfer of StatesGovernment employees from one local cadre to another should be confined to cases wherespouses are employed under the State Government, Central Government, State Public Sectoror Central Public Sector only and that in all such cases a minimum of two years serviceshould be insisted before requested for such transfers are considered.

6. For some time pastrepresentations have been coming forth with request to extent the benefit of local cadretransfers to the State Government employees whose spouses are working in Municipalities,Universities and private institutions. After careful consideration of the above mentionedissue Government have decided to permit transfer of persons in State Government Servicefrom one local cadre to another local cadre where her/his spouse is employed inUniversities, Municipalities, Cooperative Institutions and in well reputed institutionslike Ramakrishna Matt, Wakf Board etc., Accordingly, the following instructions areissued.

7. In modification of theinstructions issued in the references 1st to 3rd cited, Government employees from onelocal cadre to another may be considered in cases where their spouses are employed onregular basis either in the States Government, State Public Sectors, Central Government,Central Public Sectors, Central Government, Central Co-operative Institutions or wellreputed institutions like Ramakrishna Matt, Wakf Board, etc., subject to fulfillment ofthe following conditions:
(1) that a transfer canbe done only when there exists a clear vacancy.
(2) that the chances ofpromotion of the individuals in the feeder local cadres are not seriously affected.
(3) that the personstransferred should take last rank next to the last regular candidate in the category inthe cadre to which transfer is effected and also forgo seniority in the local cadre fromwhich transfer is sought.
(4) that the personshould have put in a minimum of 2 years of service in the local cadre from which transferis sought.

8. In view of the ordersin para 7 above, column 8 of the pro forma appended to U.O.Note No.1202/SPF.A/84-1,G.A(SPF.A) Department, dated 9-10.1984 may be deemed to have been modified to coveruniversities, Municipalities, Co-operative Institutions and well reputed Institutionsalso. In majority of cases it is noticed that the pro forma was being filled up by theapplicant himself/herself and attested by a subordinate officer, which is not correct. Theinstructions issued in the said U.O.Note are specific that the concerned Department ofSecretariat itself has to furnish the particulars in the form. The Departments ofSecretariat are requested to follow the instructions in the said U.O.Note strictly infuture.

9. All the Departments ofSecretariat are requested to exercise utmost caution while processing the case of transferof an employee to the local cadre where the other spouse is employed in a well reputedinstitution. They are also requested to restrict the number of local cadre transfers to abare minimum so that such transfers may not disturb the balance of the existing cadreconcerned. to any perceptable extent.
10. It may be noted thateach local cadre transfer should be regarded as a special case by itself which might havebeen accepted in consideration of certain exceptional circumstances. It would not,therefore, be appropriate to quote a case as precedent for another
K.V.NATARAJAN,
CHIEF SECRETARY TO GOVERNMENT

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