Re-induction of retired employees allotted to the State of Andhra Pradesh by Government of India – General Instructions



GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services- Andhra Pradesh Reorganisation Act, 2014-
Re-induction of retired employees allotted to the State of Andhra Pradesh by Government of India – General Instructions-Orders- Issued.
Finance (HR.IV-FR) Department

G.O.MS.No. 104                                                                dated.28.08.2015
                                                          Read the following:-

1. The Andhra Pradesh Re-organisation Act, 2014.
2. The Andhra Pradesh Public Employment (Regulation of Age of 
   Superannuation) (Amendment) Act, 2014 (Act No.4/2014) published
   on 27.06.2014.
3. G.O.Ms.No.147, Finance (HR.IV-FR) Department, dated.30.06.2014
4. F.No.27/13/2013-SRS, dated.29.10.2014 of Government of India.

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          In the reference second read above, sub section (1) of Section 3 of theAndhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 was amended to the effect that every employee of Andhra Pradesh Government shall retire from service on the afternoon of the last day of the month in which he/she attains the age of sixty years.

2.       In the reference third read above, it was clarified that the provisions of Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 (Act No.4of 2014) were applicable only to the categories mentioned in clauses (i) to (iv) read with sub section (6) of Section 2 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984. 

3.       Para 3-A (1) of Act No.4 of 2014 statesthat “ a government employee  belonging to the state cadre/ multi-zonal cadre and who by general or specific order of the Government of India under sub-section (1) of section 77 of the Andhra Pradesh Reorganisation Act, 2014, and serving provisionally in connection with the affairs of the State of Telangana, and  if he/she is finally allotted to the State of Andhra Pradesh by the Government of India under sub-section (2) of section 77 of the said  Act, 2014 shall be deemed to be  continuously serving in the State of Andhra Pradesh.”

4.       Further, as per para 3-A (2) of the said Act, a government employee belonging to the State Cadre/ Multi-zonal Cadre falling in the territories of both the States of Andhra Pradesh and the State of Telangana, who by a general or a  
specific order of the Government of India under sub-section (1) of section 77 of
the said  Act, 2014, retires on attaining the age of fifty eight years while serving
the State of Telangana provisionally,  andupon  allotment    to the State of Andhra Pradesh by the Government of India under sub-section (2) of section 77 of the said Act,  shall be re-inducted with effect from the date of his/herfinal allotment to the State of Andhra Pradesh without break in service, if he/she has  not attained the age of sixty years as on the date of  final allotment to the State of Andhra Pradesh.

5.       In the reference fourth read above, Government of India has allowed final notification of cadre strength after tentative final allocation list of personnel is notified. Further, the State Governments of Andhra Pradesh and Telangana have been directed to issue orders relieving those employees, against whom no objection has been raised, to the State as allocated in the Tentative List. The names of the employees so relieved may also be included in the Final List.


6.       Government of India issued orders for tentative allocation of employees between the two successor States, for each department separately. The employees (both in-service and retired) who were relieved based on the Tentative Allocation List, have been reporting to concerned Departments in Andhra Pradesh requesting for re-induction into service. However, Act No.4 of 2014, stipulates that re-induction should be only on their final allotment by the Government of India.

7.       This issue has been considered carefully by the Government and after due consultations, the Government hereby  issue  the following  instructions to effect  re-induction of retired employees, who are allocated tentatively to the State of Andhra Pradesh in relaxation of above provision in Act No.4 of 2014.

a) All Government employees belonging to the State cadre and Multi-zonal cadre falling in the territories of both  states of Andhra Pradesh and the State of Telangana on or before June 01, 2014, who by a general or a specific order of the Government of India under sub section (1) of Section 77 of the Re-organisation Act, 2014, were ordered to serve provisionally in connection with the affairs of the State of Telangana and retired on attaining the age of 58 years while serving the State of Telangana and who is tentatively allotted to the State of Andhra Pradesh as per the directions of Government of India in the reference fourth  read above, may be re-inducted into service with effect from the date of  reporting before the Secretary or Head of the Department, Government of Andhra Pradesh. The above orders however, shall be subject to the final allocation of employees to be issued by the Government of India under Section 77 (2) of the A.P. Re-organisation Act, 2014.

b) The re-induction shall be only against a clear vacancy in the category. In the absence of a clear vacancy, before issuing  re-induction orders, the Appointing Authority shall revert the junior most employees in the category.  

c) During the period of out of employment, they may be paid a sum equal to the pension which they would have drawn based on the emoluments drawn by them on the date of their retirement in Telangana State and the pensionary benefits if any, already drawn shall be remitted into Government Account. 

d) The Departments are requested to send draft “Re-induction Orders” to Finance Department before issue.

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

       Dr.P.V.RAMESH
PRINCIPAL SECRETARY TO GOVERNMENT



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