Ban on promotions, appointments, transfers, revision of seniority and change data
GOVERNMENT OF ANDHRA PRADESH
A.P. Reorganization Act, 2014 – Ban on all promotions,
revision of seniority – Relaxation of ban orders only for cases where court orders has become
final and the contempt
cases are pending for non-implementation of court orders –
Issued.
GENERAL ADMINISTRATION (DPC) DEPARTMENT
G.O.Rt.No: 2593 Dated 14-07-2014
Read:- G.O.Rt.No:2147,
General Administration (DPC.I) Dept., dt:16-5-2014.
O R D E R:
In the G.O.read above
orders have been issued that, pending final allocation of the employees between two successor States, there is a
general ban on all promotions in the States. However in the said order, it was ordered
that restrictions can be waived for good and sufficient reasons when there are compelling
public interest.
In view of the ban
orders, even review DPCs arising out of Court orders of Hon’ble Andhra Pradesh Administrative Tribunal; High Court
of Andhra Pradesh and Supreme Court are not being conducted. The Secretaries are
being summoned by the above Hon’ble courts for personal appearance for
non-implementation of court direction.
Government, after
careful examination of the issue and in order to avoid legal complications to the Secretaries to Government who are
facing contempt of court, hereby relax the ban orders only for cases where court
orders has become final and the contempt cases are pending for non-implementation of court
orders.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
LINGARAJ PANIGRAHI,
Special Chief
Secretary to Govt. (GPM &AR) &
Prl.Secretary to
Govt. (Ser. & HRM)(I/c)
A.P.Reorganization
Act, 2014 - Ban on all promotions, appointments, transfers,
revision of seniority and change in terms and conditions of employment
– Orders – Issued.
-----------
GENERAL
ADMINISTRATION (DPC-I) DEPARTMENT
G.O.Rt.No:
2147 Dated 16-05-2014
Read
the following:-
1.
Circular Memo.No:7134/DPC.I/2014, G.A. (DPC)Department, dated 11-3-2014.
2.
Circular Memo.No:7164/SR/A1/2014, GA (SR) Dept.,dt:12-3-2014.
3.
G.O.Ms.No.80, GA (SR) Department, dated:15.03.2014.
4. Note
from the Chief Secretary No.7437/SR/2014,dated:16.3.2014.
5.
Circular Memo.No:7134/DPC.I/2014-2, dated 18.3.2014.
6. O.O
Ms.No.43, GA (SR) Department, dt:18.3.2014.
7.
G.O.Ms.No.85, GA (SR) Department, dated:21.3.2014.
8.
O.O.Ms.No:47, General Administration (SR) Dept.,dated 25-3-2014.
9.
Cir.Memo.No.8785/SR/A1/2014, GA (SR) Department,dated:28.03.2014.
10. GOI
Order F.No:27/13/2013-SR(S), dated 29-3-2014 of Ministry of Personnel, PG &
Pension ( Department of Personnel & Training), New Delhi.
11.
Cir.Memo.No.9469/SR/A1/2014, GA (SR) Department, dated:7.4.2014.
12.
G.O.Ms.No.110, GA (SR) Department, dated:9.4.2014.
13.
Cir.Memo.No.9555/SR/A1/2014-1, GA (SR) Dept,dt:9.4.2014.
14.
Cir.Memo.No.9639/SR/A1/2014, GA (SR) Dept,dt:19.4.2014.
15.
G.O.Ms.No.85, Finance (TFR) Dept, dt:21.4.2014.
16.
G.O.Ms.No.86, Finance (TFR) Dept, dt:22.4.2014.
-ooOoo-
ORDER:
In
Cir.Memo.first and fifth read above, orders have been issued , in respect of
all Government Departments, that DPC will be held in cases:
a.
where there is a court direction to hold such DPC, or
b.
where any employee, who is likely to get promoted and is superannuating before
30.6.2014.
2. The
above order was issued with a view to give effect to the provisions of Section
77 of A.P.Reorganization Act, 2014, which provides for provisional and final allotment of employees among the successor States
of Telangana and Andhra Pradesh.
3. The “appointed
day”, as defined in Section 2(a) in A.P.Reorganization
Act, 2014, in relation to Section 77(1) of the Act, is the day immediately
before which every person serving on substantive basis in connection with the
affairs of existing State of Andhra Pradesh shall, on and from that day, provisionally
continues to serve in connection with the affairs of the State of Andhra
Pradesh unless he is required, by
general
or specific order of the Central Government to serve provisionally in
connection with the affairs of the State of Telangana.
4. “Appointed
day” has been fixed as 2.6.2014, and Central/State Government have taken
several actions to ensure that the provisions of A.P.Reorganization Act, 2014
is implemented and accordingly constituted various Committees on the issues
relating to allocation of employees; distribution of assets etc and to speed up
process of Reorganization of the existing State of Andhra Pradesh. Further,
several guidelines have been issued from time to time with regard to management
of files; digitization of files and action plan etc., vide references 3rd; 4th and 6th to 16th read
above.
5.
There have been several requests coming up before the Government for romoting
certain employees to higher cadre, before the “appointed day”. There had also
been certain representations from Associations of employees to put a freeze to
all the promotions and that the matter be left to the successor State
Governments to deal with promotions of their employees after the “appointed day”.
6.
Government has also taken note of the guidelines, when the States of Madhya
Pradesh, Uttar Pradesh and Bihar were bifurcated in the year 2000, according to
which:
i. all
recruitments against vacancies in the interim i.e., till issue of final
allocation orders may be kept in abeyance,
ii.
wherever panels have been drawn but not published, they may be kept in abeyance
till reorganization of State is given effect to
iii.
wherever panels have been recently published, selected candidates will be
notified that their services in the existing State of Bihar/MP/UP may not be
required beyond the “appointed day” and that they are liable to serve in the
successor State of Jharkhand/Chattisgarh/Uttaranchal after reorganization, as
the case may be.
7.
Government has considered the entire issue in totality, and hereby orders as
follows:
a. A
general ban on all promotions in the State at all levels is imposed, till the
process of allocation of employees to the successor States of Telangana and
Andhra Pradesh are completed.
b. A
ban is also imposed on all (a) appointments; (b) transfers; (c) revision of
seniority and (d) change in terms and conditions of employment.
8.
However, the above restrictions can be waived for good and sufficient reasons,
only when there are compelling public interests which warrant such waiver.
9. All
the Departments of Secretariat/Heads of Departments/District Collectors shall
take necessary action accordingly.
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
Dr.P.K.MOHANTY,
CHIEF
SECRETARY TO GOVERNMENT
respected sir can u please give a clearly description according to this point {8. However, the above restrictions can be waived for good and sufficient reasons, only when there are compelling public interests which warrant such waiver.}
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