D - apct · Web viewThe DR ACTOs are governed by old APCT Subordinate Service Rules issued in...
Transcript of D - apct · Web viewThe DR ACTOs are governed by old APCT Subordinate Service Rules issued in...
PROCEEDINGS OF THE ADDL. COMMISSIONER OF COMMERCIAL TAXES LEGAL, O/O THE COMMISSIONER (CT) ANDHRA PRADESH: HYDERABAD
Present: Sri D.Ramachandra Reddy., B.Sc, B.L, CAIIB, M.B.A
CCT’s Ref.No.DX2/998/2011-V. Dated:23-04-2012.
Addl. Commissioner (CT) Legal orders No.103
Sub: SUITS – O.A No.9244/2011 filed by Sri S.Satyanarayana, CTO and (5) others before the Hon’ble APAT - Interim orders – instructions issued –Revised Notice in the seniority list of ACTOs for the panel years 1975-76 to 1991-92 of Zone –V published in A.P Gazette No.119, dt.25-03-2004 – Objections called for –Objections filed – Examined – Orders Issued.
Ref:-1. Application of Sri S.Satyanarayana, CTO and (5) others dt.15-12-2011
2. Interim orders dt.05-12-2011 in O.A No.9244/2011 filed by Sri S.Satyanarayana and (4) others before Hon’ble APAT, Hyderabad.
3. Govt.Memo.No.51981/CT.I/(2)/2011 Rev (CT.I) Department,dt.21-12-11. 4. Govt.Memo. No.39070/CT.I (2)/2010, Rev (CT.I) Dept, dt.20-12-2011
5. Govt. Memo. No.39295/CT.I (2)/2011, Rev (CT.I) Dept, dt.26-11-2011 6. Govt. Memo. No.404/CT.I (2)/2012, Rev (CT.I) Dept, dt.03-01-2012
7. CCT’s Ref. No.DX2/998/2011-Zone-V, Dt.17-01-2012 (RSCN). 8. A.P Gazette, Part-II Extraordinary, No.16, dt.02-02-2012 (RSCN) 9. Objections filed by Sri B.V Srirama Murthy, CTO dt.23-01-2012.
10. Objections filed by Sri G.Sitarama Murthy, CTO dt.23-01-2012. 11. Objections filed by Sri B.Rajesham, CTO dt.23-01-2012. 12. Objections filed by Sri S.Satyanarayana, CTO dt.25-01-2012 13. Objections filed by Sri T.Shesahagiri Rao, CTO, dt.25-01-12 14. CCT’s Ref.No.DX2/942/2010 (Zone-I to V), dt.27-03-2012. 15. CCT’s Ref.No.D1/983/2011, dt.30-09-2011 delegation of subjects to the Senior
Officers O/o the CCT, A.P, Hyderabad.***
Sri S.Satyanarayana and (4) others have filed O.A No.9244/2011 before Hon’ble APAT Hyderabad regarding revision of their seniority in the cadre of ACTO. The Hon’ble APAT, Hyderabad has issued interim orders dt.05-12-2011 that “Pending further orders in the O.A there shall be a direction to the Respondents to revise the seniority list of the Applicants in the cadre of ACTO by following memo No.263/CT-I(2)/2011, dated 29-06-2011 issued by the respondent No.3. Necessary orders shall be passed within a period of eight weeks from the date of receipt of a copy of this order.”
In the reference first cited, Sri S.Satyanarayana and (5) others have filed a common representation dt.15-12-2011 and submitted that they have filed an appeal before the Government and requested to follow the principle of Rota-Quota in respect of DR ACTOs of 1985 and 1989 batches of Zone-V in terms of Government Memo No. No.263/CT-I (2)/2011, dated 29-06-2011 issued in respect of ACTOs of Zone VI. Subsequently, they have filed in O.A No.9244/2011. The Hon’ble Tribunal has passed interim orders as above.
2. In this connection, it is to state that Sri S.Satyanarayana, presently working as CTO and (5) others, who are Direct Recruit ACTOs of 1985 and 1989 batch of Zone-V (i.e. Warangal nodal Division), has raised the following points in the matter of review of seniority list of ACTOs which was published in Gazette No.119, dated.25.03.2004.
a) The DR ACTOs are governed by old APCT Subordinate Service Rules issued in G.O.Ms.No.170, GAD, dated.30.01.1962, according to which in a cycle of 7 vacancies of ACTOs, the 2nd 4th and 6th vacancies shall be filled up by direct recruitment, which is applicable to Direct Recruit ACTOs of 1977-78, 1985-86 and 1989-90 batches before the new APCT Subordinate Service Rules issued in G.O.Ms.No.81, Rev (CT.I) Dept., dated.03.02.1990 came in to operation wherein 10 point roster was prescribed.
b) The DR ACTOs are also eligible for rota quota with all vacancies as (converting even temporary vacancies) substantive vacancies with effect from 1975-76.
c) The Principle of rota quota and substantive vacancies may be followed in case of Direct Recruitment ACTOs on par with CTOs in terms of the orders of the Hon’ble Tribunal in O.A No.702/2006, dated.29.04.2010.
The Commissioner of Commercial Taxes had finalized and published the integrated seniority list of ACTOs from 1975-76 to 1991-92 of Zone-V (i.e. Warangal Nodal Division) based on certain guidelines indicated by the Hon’ble APAT in O.A No.6022/2001 and batch dated.22.07.2003 which includes, inter alia, the following.
1) Seniority of a member of service has to be fixed in terms of Rule 33 of the APS&SS Rules, i.e. with reference to the date of appointment in accordance with the rules and not with reference to the date of confirmation (full membership) after taking action in terms of rules 25 and 29 of the APS&SS Rules by placing full members as a class above the approved probationers and probationers.
2) For counting seniority from the date of appointment, one should be appointed in accordance with the rules, for example – (a) he should have necessary qualifications and experience prescribed under the rules, (b) he should satisfy the rules of reservation if rule of reservation is applicable (c) he should have been appointed with in the quota prescribed, if any, under rule and (d) the procedure prescribed, if any, for such appointment. If a person does not satisfy any of the conditions prescribed under the rules at the time of appointment his seniority his seniority has to be counted not from the date of such appointment but from the date on which he satisfied the requirement of the rules.
3) In the case of appointment to the post of Asst. Commercial Tax Officer, where recruitment to service is both by direct recruitment and transfer, the quota meant for direct recruits/transferees should be arrived at on the following basis.
a) In the case of direct recruits appointed prior to 08.03.83, they are entitled for appointment against 40% of substantive vacancies in the permanent cadre. After 08.03.1983 and before the new AP Commercial Tax Subordinate Service Rules came into force, they are entitled not only for 40% of the substantive vacancies in permanent cadre but also for 40% of substantive vacancies arising in temporary posts in terms of explanation to rules 6 of the APS&SS Rules. After AP Commercial Tax Subordinate Service Rules’1990 came into force they are entitled for 4 vacancies in a cycle 10 vacancies which arises in the services.
b) In case of transferees appointed prior to 08.03.1983 they are entitled for 60% of the vacancies in the permanent cadre and also all the vacancies that arise temporary posts. After 08.03.1983 they are entitled for 60% of vacancies in permanent cadre, 60% of the substantive vacancies in temporary posts in terms of explanation to Rule 6 of General Rules and also the vacancies that arise in temporary posts which cannot be treated as substantive vacancies in terms of explanation to Rule 6 of the General Rules. It is however to be noted that when temporary posts are sanctioned for the first time all the vacancies that arise in those posts would be available for transferees. But if those posts are continued beyond one year certain percentage of substantive vacancies would not be available for transferees. Therefore, transferees could be said to be appointed within his quota only if he comes within the quota meant for a transferee not only in the first year of sanction of temporary posts but also within the quota meant for transferee if the post is continued beyond one year. After the AP Commercial Tax Subordinate Service Rules, 1990 came into force, transferees would be entitled for 5 vacancies in a cycle of 10 (excluding vacancy meant for a city list candidates) which arise in the service.
4) The vacancies referred to above for the purpose of calculation of quota does not include stopgap or fortuitous or short time vacancies like leave vacancies etc.,
According to the APCT Subordinate Service Rules the method of appointment to the post of ACTO is (i) By Direct Recruitment (DR) and (ii) By appointment by transfer (R.P). The ratio (quota-Rota) between the DRs/RPs is 40:60
2
The Commissioner (CT) has examined the matter, as directed by the Hon’ble APAT, and also in the seniority list of ACTO in Zone-V. It is observed that the preparation of panels from the year 1975-76 to 1991-92 in Warangal Nodal Division is not in accordance with the orders of the Hon’ble APAT and the quota Rota rule as shown below.
(i) The ACTO vacancies have to be calculated and apportioned between the Rank Promotes and Direct Recruitees, for three different spells, as detailed hereunder.First spell for the period from 1.09.1975 up to 8.03.83Second spell for the period from 9.03.83 to 3.02.90.Third spell for the period beyond 3.02.90.(i.e. APCT Subordinate Service Rules came into force.)
During the period of first spell i.e. from 1.09.1975 to 8.03.1983, all temporary vacancies have to be allotted to RPs and substantive vacancies have to be apportioned in the ratio of 2:3 between DRs and Rank Promotees.
During the second spell i.e. from 09.03.1983 to 03.02.1990, the temporary vacancies have to be apportioned between Rank Promotees and Direct Recruitees following the formula indicated in the APAT orders in O.A No.6022/2001, dated.22.07.2003, as stated above and instructions issued by the Govt. in this regard vide memo No.1967/CT.I(2)/2001-9, dated.18.09.2003 in this regard.
During the third spell, i.e. beyond 03.02.1990 a 10 point cycle has to be followed as given below.
First Vacancy …. Direct RecruitmentSecond Vacancy… By TransferThird Vacancy …. By TransferFourth Vacancy… Direct RecruitmentFifth Vacancy …. By TransferSixth Vacancy… Direct RecruitmentSeventh Vacancy… By TransferEighth Vacancy… By TransferNinth Vacancy …. Direct RecruitmentTenth Vacancy… By Transfer
5. Since the details regarding the panel year wise numbers of vacancies in substantive/temporary posts are scrutinized the panels of ACTOs of Zone-V (i.e. Warangal Nodal Division) prepared and published in the A.P.Gazette No.119, dated.25.03.2004, on the mentioned lines of Government Memo. No.39295/CT.I (2)/2011, Rev (CT.I) Dept, dt.26-11-2011 (Zone-VI) and Govt. Mem No.39070/CT.I (2)/2010, Rev (CT.I) Dept, dt.20-12-2011 (Zone-III) are rectified the defects pointed out duly pushing down the Rank Promotees, if any who are in excess of the quota allotted to them, as per the Rota-quota rule, below the Direct Recruit Candidates (including the applicants) who occupy their own slots.
As per the guidelines mentioned in the reference 4TH and 5th cited, the matter is re-examined and the vacancies are identified in the seniority list of ACTOs of Zone-V for the panel years 1975-76 to 1991-92 published in A.P Gazette no.119, dated 25-04-204 is as under:
Warangal nodal Division of Zone-VParticulars Panel
year 1975-76
Panel year
1976-77
Panel year
1977-78
Panel year
1978-79
Panel year
1979-80
Panel year
1980-81Total Vacancies arised 21 0 3 2 4 9Newly sanctioned posts 11 0 0 0 3 8Balance no. of vacancies (Regular)
10 0 3 2 1 1
Temp.Vacancies (below (1) year
11 0 0 0 3 8
G.Os* - - - - - -Temp.coversion of - - - - - -
3
subt.vacancies 1-3 yrs (50%)Temp.coversion of subt . vacancies 3-10 yrs (75%)
- - - - - -
Temp.coversion of subt. vacancies above 10 yrs
- - - - - -
Converted vacancies DR (40%)
- - - - - -
Converted vacancies RPs (60%)
- - - - - -
Balance no. of vacancies (Regular) DR 40%
4 0 1 1 0 1
Balance no. of vacancies (Regular) RPs 60%
6 0 2 1 1 0
Total DR vacancies to be filled
4 0 1 1 0 1
Total RP vacancies to be filled
6 0 2 1 1 0
DRs filled as per 119 Gazette, dt.25-03-2004
0 0 0 5 0 0
RPs filled as per 119 Gazette, 25-03-2004
14 0 2 2 2 9
Particulars Panel year
1981-82
Panel year
1982-83
Panel year
1983-84
Panel year
1984-85
Panel year
1985-86
Panel year
1986-87Total Vacancies arised 12 0 29 5 0 25Newly sanctioned posts 5 0 16 1 0 6Balance no. of vacancies
(Regular)7 0 13 4 0 19
Temp.Vacancies (below (1) year
5 0 16 1 0 6
G.Os* 19* - - - - 2*Temp.coversion of
subt.vacancies 1-3 yrs (50%)
- 4 - 8 - -
Temp.coversion of subt.vacancies 3-10 yrs
(75%)
- - - 2 - -
Temp.coversion of subt.vacancies above 10
yrs
- - - - - -
Converted vacancies DR (40%)
8 2 0 4 0 1
Converted vacancies RPs (60%)
11 2 0 6 0 1
Balance no. of vacancies (Regular) DR 40%
3 0 5 2 0 8
Balance no. of vacancies (Regular) RPs
60%
4 0 8 2 0 11
Total DR vacancies to be filled
11 2 5 6 0 9
Total RP vacancies to be filled
15 2 8 8 0 12
DRs filled as per 119 Gazette, dt.25-
03-2004
3 0 0 4 0 0
RPs filled as per 119 Gazette, 25-03-2004
8 2 29 5 2 11
4
Particulars Panel year
1987-88
Panel year
1988-89
Panel year
1989-90
Panel year
1990-91
Panel year
1991-92
Total (1975 to
1992)Total Vacancies arised 1 2 2 9 23 147Newly sanctioned posts 0 0 0 1 10 61Balance no. of vacancies
(Regular)1 2 2 8 13 86
Temp.Vacancies (below (1) year
0 0 0 1 10 61
G.Os* - - - - - 21Temp.coversion of
subt.vacancies 1-3 yrs (50%)
2 - - - 1 15
Temp.coversion of subt.vacancies 3-10 yrs
(75%)
4 - - 1 - 7
Temp.coversion of subt.vacancies above 10
yrs-
- - 2 - 2
Converted vacancies DR (40%)
2 0 0 1 4 22
Converted vacancies RPs (60%)
4 0 0 3 7 34
Balance no. of vacancies (Regular) DR 40%
0 1 1 3 5 35
Balance no. of vacancies (Regular) RPs
60%
1 1 1 5 8 51
Total DR vacancies to be filled
2 1 1 4 9 57
Total RP vacancies to be filled
5 1 1 8 15 85
DRs filled as per 119 Gazette, dt.25-03-2004
0 8 0 0 0 20
RPs filled as per 119 Gazette, 25-03-2004
2 2 1 4 12 107
The Government have issued G.O Ms NO.576 Rev (SS) Department, dated 24-04-1982 that certain Asst. Commercial Tax Officer vacancies in the C.T Department which are in existence for more than three years, and more, be converted into permanent posts. Accordingly, 19* ACTO vacancies have become Permanent, out of which *8 ACTO vacancies meant for DRs (i.e.40%) quota. Similarly, (2*) vacancies converted into permanent, out of which *1 vacancy meant for DRs vide G.O Ms.No.769 Rev (SS) Department, dated 11-08-1987.
During the period first spell i.e., from 1.9.1975 to 08.03.1983, all temporary vacancies are allotted to RPs (except those which are made permanent during the period and the said permanent posts are apportioned in 2:3 ratio) and substantive vacancies are apportioned in the ratio of 2:3 between DRs and Rank Promotees.
During the second spell i.e. from 8.03.83 to 03.02.1990, the temporary vacancies are apportioned between Rank Promotees and Direct Recruitees following the formula indicated in the APAT orders in O.A No.6022/2001, dated.22.07.2003.
In the case of transferees appointed prior to 08.03.1983 they entitled for 60% of the vacancies in the permanent cadre and also all the vacancies that arise in temporary posts. After 08.03.1983 they are entitled for 60% of vacancies in permanent cadre, 60% of the substantive vacancies in temporary posts in terms of explanation to Rule 6 of General Rules and also all the vacancies that arise in temporary posts which cannot be treated as substantive vacancies in terms of explanation to Rule 6 of the General Rules. It is however to be noted that when temporary posts are sanctioned for the first time all the vacancies that arise in those posts would be
5
available for transferees. But if those posts are continued beyond one year certain percentage of substantive vacancies would not be available for transferees. Therefore, transferees could be said to be appointed within his quota only if he comes within the quota meant for a transferee not only in the first year of sanction of temporary posts but also within the quota meant for transferee if the post is continued beyond one year. After the AP Commercial Tax Subordinate Service Rules, 1990 came into force, transferees would be entitled for 5 vacancies in a cycle of 10 (excluding vacancy meant for a city list candidates) which arise in the service.
During the third spell, i.e. beyond 03.02.1990 a 10 point cycle is followed.
The total number of vacancies of ACTOs in Warangal Nodal Divisions of Zone-V for the period from 1975-76 to 1991-92 are (147) out of which (57) are meant to be filled with Direct Recruits, but filled (20) and (85) to be filled with Rank Promotees, but filled (107). While filling the vacancies meant for Rank Promotees, for the panel years from 1975-76 to 1991-92, the vacancies meant for SCs/STs are duly carried forward to the subsequent panel years, where qualified and eligible personnel were not available during the particular panel year and the same were filled as and when qualified personnel found and they are placed as per their date of joining as per provisions under Rule 33 (a) of APS&SS Rules. The Direct Recruits, inter-se, are placed in the year have joined in the same rank order communicated by the APPSC. While determining inter-se-seniority, between DRs and RPs, date of joining of DRs was taken into consideration duly following Rule 33 (a) mentioned above. The City List candidates are appropriately placed in the respective panel year in which they are appointed by transfer. Accordingly, these personnel are perforce to be relegated to subsequent panel years. The Hon’ble APAT also ruled that the petitioners shall be treated as having been validly appointed as ACTO on the basis of their inclusion in 1983 panel for the post of ACTO. This order is treating the post of ACTO as a selection post.
In view of the legal position this approach is adopted in a uniform manner. Wherever persons promoted in earlier years have been relegated to subsequent panel year for want of vacancies in the earlier years, they are placed in 1983-84 merit panels. However, in view of Hon’ble Supreme Court/APAT orders the total number of persons included in 1983-84 panels has not been changed.
Thus, the persons, shown in the annexure-A and B to this revised notice, may file their written objections if any within fifteen (15) days from the date of publication in the Departmental Web site (www.apct.gov.in), failing which, it will be construed that they have no objections to file and orders as deemed fit under law would be passed without any further notice in the matter.
Apart from publishing in the CT Department Web Site, the revised show cause notice is published in A.P gazette, Part-II extraordinary, No.16, dated 02-02-2012 from page 45 to 53 vide ref. 8th cited.
In the reference 14th cited, the CCT’s Ref. dt.27.03.2012, the affected persons were allowed to peruse the records on 04-04-2012 against the proposed to be revised integrated seniority list of ACTOs for the panel year from 1975-76 to 1991-92 of Zone-V issued on17-01-2012, in CCT’s conference Hall. In response to above, no affected persons have been attended on that date.
In the references 9th 13th cited, in response to the revised show cause notice dt.17-01-2012, Sri B.V Srirama Murthy, CTO Parvathi puram, Sri G.Sitarama Murthy, CTO Kakindad Circle, Sri B.Rajesham, CTO Sultan Bazaar Circle, Sri S.Satyanarayana, CTO Malakpet Circle and Sri T.Shesahagiri Rao, CTO Sanathnagar Circle have submitted their similar objections and informed that the seniority list of CTOs is finalized without finalizing the seniority list in the lower cadres i.e ACTOs and DCTOs of their entire batch of 1985 will be subjected to great irrecoverable loss in Zone V. Already they are sufferers as their juniors who were much below their rank were given promotions previously ahead of them basing of the existing seniority list, and if the same thing repeats they will be subjected to irrecoverable loss as they are having a left over little services.
6
In view of the above submissions, they have requested not to finalise the provisional integrated seniority list in the cadre of CTOs for the years 1999-2000 to 2008-09 till the seniority lists of ACTOs and DCTOs are finalized or else do the justice to them by keeping their names over and above the names of juniors in the integrated provisional seniority list of CTOs prepared by applying of the equality of law and equal protection of laws. i.e. Rota-Quota rule between the Rank Promotees and Direct Recruits in the cadre of ACTOs and CTOs of CT Department, equally.
Reply to objections: - The objections raised by the individuals are examined. The revised integrated seniority list of ACTOs for the panel year 1975-76 to 1991-92 and 1992-93 to 1999-2000 of Zone VI published in A.P Gazette 823, dt.02-12-2005 and for the panel years from 1975-76 to 1991-92 of Zone-I published in A.P Gazette No.119, dt.25-03-2004 respectively. As per the guidelines issued by the Government in Memo. No.263/CT.I (2)/2011, dated 29-06-2011, a revised show cause notice has been issued for the panel years from 1975-76 to 1991-92 of Zone-V, duly following the Rota-Quota rules vide CCT’s Ref.No.DX2/942/2010-Zone-I dt.17-01-2012. However, for the Zone-V the earlier seniority list (which is being now revised) is upto the panel year 1991-92 as per A.P Gazette No.119, dated 25-3-2004. As and when seniority list for subsequent panel years is taken up, the objections of the individuals will be examined.
Further, it is observed that the temporary vacancies arised during the period 1975-76 to 1982-83 have been re-worked out now. In respect of substantive vacancies arised the ratio 60:40 has been followed for Rank Promotees and Direct Recruits respectively with regard to temporary vacancies arised during the above period 60% of post were assigned to Rank Promotees.
From 8-03-1983, the Rule of 6(b) of APS & SS Rules 1962 was amended; implementing the said Rule the temporary vacancies are reckoned as permanent/Substantive vacancies as per their turn as explanation in the amended Rule 6(b) of A.P Subordinate Service Rules, 1962.
In the Government Memo.No.263/CT.I(2)/2011, Rev (CT.I) Department dated 29-6-2011 and Govt. Memo.No 39070/CT.I (2)/2010, Rev (CT.I) Dept, dt.20-12-2011 have clearly mentioned to scrutinize the panels of ACTOs, prepared and published in the A.P Gazette No.119, dated 25-03-2004 and also to rectify the defects pointed out as per guidelines issued above, duly pushing down the Rank Promottes, if any who are in excess of the quota allotted to them, as per the quota-Rota rule, below the Direct Recruit Candidates, including the appellants who occupy their own slots. Accordingly, the matter is re-examined and the vacancies are calculated duly following the Rota-Quota Rules as prescribed by the govt. in the said memo and prepared a show cause notice for revising integrated seniority list of ACTOs of Zone-V for the panel years 1975-76 to 1991-92, as per the interim orders of Hon’ble APAT in O.A No.9244/2011, dated 05-12-2011 and as further explained by the Hon’ble APAT in O.A No.2678/2008 and 5058/2004 (and batch) dt.11-08-2009 ( 15-12-2009)
Further, the Government issued G.O Ms NO.576 Rev (SS) Department, dated 24-04-1982 that certain Asst. Commercial Tax Officer vacancies in the C.T Department which are in existence for more than three years, and more, be converted into permanent posts. Accordingly, 19 ACTO vacancies have become Permanent, out of which *8 ACTO vacancies meant for Direct Recruits (i.e.40%) quota. The same are taken into consideration for calculations of vacancies and preparation of revision of integrated seniority list of ACTOs. Out of temporary (newly sanctioned posts) posts of ACTOs which are in existence for more than three years, and more, be converted into permanent posts have taken into consideration for Direct Recruitees for the period from 1975-76 to 1982-83 as per G.O Ms NO.576 Rev (SS) Department, dated 24-04-1982.
Therefore, as per the instructions of Government the panels from 1975-76 to 1991-1992
are being revised taking into account the vacancy position of Warangal Division received from the Nodal Deputy Commissioner (CT), Warangal division after verification of records of CCT’s office and A.P Gazette No.119,dt.25-3-2004. Accordingly, the vacancies available in the concerned panel years are correctly taken and panels are being drawn correctly.
The objections that rule 6(b) of old Rules and Rule 4(b) of new Rules have not been followed is discussed as under:Rule 6(b) of APS & SS Rules’1962:-a person shall be recruited direct only against a substantive vacancy in such permanent cadre and only if the vacancy is one which should be filled by a direct recruit under the special rules referred to in clause(2).
7
“Provided that for special reasons direct recruitment may also be made against the temporary posts”.
Explanation:-for the purpose of this rule, notwithstanding any thing contained in these rules or special or adhoc rules “substantive vacancies” shall mean all vacancies in the permanent cadre, all vacancies in the posts which have been in existence for more than 10 years. All vacancies in 75% of the posts which have been in existence for more than 3 years but less than 10 years and all vacancies in 50% of the posts which have been inexistence for more than one year but less than 3 years”.
Rule 4(b) of APS & SS Rules’1996:-Direct Recruitment: where the normal method of recruitment to any service, class or category includes direct recruitment, the proportion in which the special rules may require vacancies to be filled by persons recruited direct shall be applicable to all substantive vacancies and direct recruitment shall be made only against the substantive vacancies.
Explanation:-(i) For the purpose of this rule, notwithstanding any thing contained in these rules or special or adhoc rules, substantive vacancies shall mean all vacancies in the permanent cadre and all vacancies in the posts which have been in existence for more than 5 years.
From 1975 to 1983, as the posts are continued beyond 10 years they are deemed to be permanent and accordingly 60% vacancies are allotted for Rank Promotees since inception because they are coming under Rank Promotee quota and 40% quota for Direct Recruits from the date of Government orders making certain posts permanent/substantive.
After 03-02-1990, the 10th point cycle has been followed.
The Government issued instructions to the CCT vide Memo no.263/CT.I(2)/2011,dated.29-06-2011 and Mem.No. 39070/CT.I (2)/2010, Rev (CT.I) Dept, dt.20-12-2011, to rectify the defects and also to scrutinize the panels of ACTOs of Zone-VI and Zone-III published in A.P Gazette No.823, dt.02-12-2005 and 119, dt.25-3-2004 respectively by following Rota-Quota Rules and dispose the appeal petition of the applicants. Accordingly, a revised show cause notice has been issued on 17-01-2012 (Zone-III) duly following the procedure laid down in the Rota-Quota Rules.
It is to state that the Commissioner (CT), A.P Hyderabad in his proceedings No.D1/983/2011, dt.30-9-2011 has ordered the allotment of service matter and disciplinary cases of ACTOs to the Addl. Commissioner (CT) Legal for quick and smooth administration of the related work. In view of the CCTs orders and subjects delegated to the undersigned, the Addl. CCT legal has issued the revised integrated show cause notice dt.17.-01-2012 as per the orders of the Commissioner (CT), A.P Hyderabad.
In view of the above discussion, the revision orders are passed on the Integrated seniority list of ACTOs of Zone-V for the years 1975-76 to 1991-92 as shown in the Annexure-A to C, duly confirmed the revision show cause notice of integrated seniority list as per the reference seventh cited.
The revised Integrated Seniority List shall be subject to outcome of SLP’s/ WP’s/ OA’s/ C.As pending, if any, before the respective Appellate forums.
A copy of this seniority list is also available on the internet and can be accessed at the web address: www.apct.gov.in .
Encl: Annexure-A to C Sd/-D.Ramachandra Reddy Addl. Commissioner (CT) Legal
ToSri S.Satyanarayana, CTO and (5) others,All the affected candidates as shown in the Annexure-A and B above through the Deputy Commissioner (CT), Warangal Nodal division.Copy to the Deputy Commissioner (CT), Warangal Division Copy to Departmental Web Site O/o the CCT, A.P Hyderabad as noted above.
8
ANNEXURE-A VACANCY POSITION ARRIVED AT IN WARANGAL NODAL DIVISION
Panel year
Total ACTO
Vacancies arosed
Newly sanctioned
posts
Total No.of
vacancies (regular)
Temporary vacancies below one
year
Converted into
permanent posts
Temp.Conversion of substative
vacancies 1 to 3 years =50% (Col.No10)
Temp.Conversion of substative
vacancies 3 to 10 years=75%
Colmn.No.10)
Temp.vacancies above 10 years
Comverted vacancies (DR 40%)
a b c d e f g h i1975-
7610 11 21
1976-77
0 0 0
1977-78
3 0 3
1978-79
2 0 2
1979-80
1 3 4
1980-81
1 8 9
1981-82*
7 5 12 19
1982-83
0 0 0
1983-84
13 16 29
1984-85
4 1 5 8 3
1985-86
0 0 0 1
1986-87#
19 6 25 4 1
1987-88
1 0 1 2 3 1
1988-89
2 0 2
1989-90
2 0 2 2 1
1990-91
8 1 9
1991-92
13 10 23 1
Total 86 61 147 0 21 13 6 6More than 10 yrs
vacanciesDR Quota upto 1991-92 RP Quota upto 1991-92
1993-94
4
Filled Unfilled Total Already RPs Filled
Excess Quota to be relegated to subsquent panel years
1996-97
1 20 24 44 107 22
C.F for 1992-93=24
ANNEXURE-B
9
STATEMENT SHOWING THE REVISED INTEGRATED SENIORITY LIST OF ACTOS OF ZONE-V FOR THE PANEL YEARS FROM 1975-76 TO 1991-1992 PUBLISHED IN A.P EXTRAODINARY GAZETTE NO.119, DT.25-03-2004 AS PER THE GUIDELINES OF THE GOVERNMENT VIDE
GOVT.MEMO NO.37295/CT.I(2)/2010, DATED 31-12-2011 (CCT's Ref.No.DX2/942/2011,dt.23-03-2012)
SI. Name of the individual Date of Birth
Panel year Remarks
1 2 3 4 51 1 M. LAKSHMI RAJAM 20.7,41 1975-76 Retired
2 2 MA GAFOOR 1.7.34 1975-76 Retired
3 3 S. MALLESWARA RAO (SC) 8.12.33 1975-76 Retired
4 4 MOHD. JAMAL 25.4.35 1975-76 Retired
5 5 MOHD. GHOUSE MOINUDDIN 5.12.43 1975-76 Retired
6 6 KHAJA SHAMSHEER AHMED 13.2.44 1975-76 Retired
7 7 R. JANAKI RAMA RAO 10.4.43 1975-76 Retired
8 8 P.N.ISRAEL 11.4.39 1975-76 Retired
9 9 MOHD. MAHABOOB HUSSAIN 1.12.33 1975-76 Retired
10 10 B. SIMHA DAS 12.3.34 1975-76 Retired
11 11 SYED RASHEED AHMED 1.7.35 1975-76 Retired
12 12 U. RAMA MOHANA RAO 8.4.35 1975-76 Retired
13 13 SOYAB AHMED QURESHI (City List) 1.7.39 1975-76 Retired
14 14 V. VENKATA REDDY(City List) 26.6.39 1977-78 Retired
15 15 S. VENKATAIAH 26.1.42 1977-78 Retired
16 16 AHMED MOHINUDDIN 7.6.40 1978-79 Retired
18 17 P. GOVINDA RAO (DR) 15.6.50 Retired
19 18 P. JAKARAIAH (DR) 20.6.54
20 19 N. SHAILAJA (DR) 2.6.53 Retired
21 20 ANWAR ILLAHI KHAN (DR) 20.6.54
22 21 MOHD. MANZOOR ALI (DR) 15.7.50 Retired
17 22 E. VENKATESWARA RAO 9.3.38 1979-80 Retired
23 23 K. KOMARAIAH (SC) 4.12.45 1979-80 Retired
24 24 M. KISTAIAH 1.6.33 1979-80 Retired
25 25 K. BASHAIAH 8.4.44 1980-81 Retired
26 26 CH. SATYA NARAYANA 18.1.36 1980-81 Retired
27 27 M.K. GANTI 2.11.32 1980-81 Retired
28 28 D.S. PANDIT 1.9.39 1980-81 Retired
29 29 MOHp. RASHEEDUDDIN 10.10.30 1980-81 Retired
30 30 MASOOD AHMED 10.5.40 1980-81 Retired
31 31 G. VENKATESWARLU 14.5:40 1981-82 Retired
32 32 G.F.DAWSON 15.12.36 1981-82 Retired
37 33 B. JAYARAJ (L/R) 3.2.56
38 34 M. RAMALINGAM (L/R) 11.12.52 Retired
39 35 L.V. SUBBANNA (L/R) 4.6.58
40 36 R.J.H. HARISON (C/L) 22.7.36 1981-82 Retired
33 37 K.CH. KOTESWARA RAO 8.7.37 1981-82 Retired
34 38 M. SEKHARA BABU (SC) 4.2.43 1981-82 Retired
35 39 KHAJA MOHIUDDIN 14.1.43 1981-82 Retired
36 40 D. SHIVANANDAM 9.9.46 1981-82 Retired
41 41 E. UPENDER 14.4.40 1983-84 Retired
42 42 B. MOHANA RAO 4.8.43 1983-84 Retired
43 43 N. JANAKI AMMA 15.6.41 1983-84 Retired
44 44 A. NARAYANA REDDY 12.9.40 1983-84 Retired
45 45 N. CHANDRAMOULI 2.1.48 1983-84 Retired
46 46 B. NARASINGA RAO (SC) 29.4.49 1983-84 Retired
47 47 K. LAKSHMI NARAYANA (SC) 10.4.46 1983-84 Retired
48 48 G. MADHUSUDHANA REDDY 26.8.41 1983-84 Retired Merit list
49 49 C. SATYANARAYANA 7.6.37 1984-85 Retired
50 50 M.A.HAMEED 16.8.42 1984-85 Retired
51 51 P.V. MURALI 15.8.41 1984-85 Retired
52 52 AHMED SHARIEF 13.9.35 1984-85 Retired
53 53 MOHD. OSMAN AZAM 7.7.39 1984-85 Retired
54 54 MOHD. SULTAN 2.6.40 1984-85 Retired
10
81 55 K. SANJEEVAIAH (PR) 25.8.58
82 56 P. BHASKAR (PR) 2.5.58
83 57 B. RAJESHAM (PR) 2.10.54
84 58 S. SATYANARAYANA (PR) 16.6.56
80 59 A.P. SREE RAMULU (C/L) 10.7.51 1984-85 Retired
55 60 N. RATNAKAR 12.7.46 1985-86 Retired
56 61 V.VENKATA RAMA NARASAIAH 8.3.43 1986-87 Retired
57 62 MOHD. SIBGHATULLAH 29.6.46 1986-87 Retired
58 63 MOHD. YAKUB ALI 1.7.47 1986-87 Retired
59 64 V. SURYA PRAKASAM 10.8.50 1986-87 Retired
60 65 G. SADANANDAM 1.12.48 1986-87 Retired
61 66 T.S.R. SARMA 9.5.37 1986-87 Retired
62 67 M. VITTAL 3.2.40 1986-87 Retired
63 68 S.A HAFEEZ 2.2.34 1986-87 Retired
64 69 MOHD. RASHEEDUDDIN 9.2.43 1986-87 Retired
65 70 T. GOPALA KRISHNAIAH 21.3.39 1986-87 Retired
66 71 N. MANIKYA RAO 1.6.46 1986-87 Retired
67 72 GULAM MOHIUDDIN 20.6.40 1987-88 Retired
68 73 M. CHANDRA MOULI 4.3.48 1987-88 Retired
69 74 M. SUDHAKARA REDDY 6.5.46 1987-88 Retired
70 75 MOHD. HASHEEM ALI 20.10.42 1988-89 Retired
102 76 J. PRABHAKAR (DR) 3.5.55
103 77 P. VENKATESWARLU (DR) 30.8.61
104 78 K. HANUMANTHA RAO (DR) 4.3.59
105 79 J. SHAPRAK (DR) 1.6.57
106 80 SHAIK MEERA SAHEB(PR) 15.6.57
107 81 T. SESHAGIRI RAO (PR) 12.10.63
108 82 T. VENKATESWARLU (DR) 14.11.62
109 83 N. VENKATA MADHU SUDHANA RAO (DR) 1.4.58
71 84 SHAIK MAHAMOOD 1.7.47 1989-90 Retired
72 85 G. RAGHU PATHI 17.7.48 1989-90 Retired
73 86 Y. RAJENDER 3.3.52 1990-91 Retired
74 87 NAZEER AHMED 5.8.44 1990-91 Retired
75 88 C. GOPALA CHARI 9.12.39 1990-91 Retired
76 89 K. SUBRAHMANYAM 1.5.43 1990-91 Retired
77 90 S. NARASAIAH (ST) 1.1.46 1990-91 Retired
78 91 M. ESWARARAO (SC) 15.4.49 1991-92 Retired
79 92 K. DASARATHAM (SC) 6.10.50 1991-92 Retired
85 93 Y. RAJA LINGAM (SC) 28.4.51 1991-92 Retired
86 94 P.M. MANMOHAN PRASAP (ST)X 13.12.56 1991-92 Retired
87 95 J. MUNI SINGH (ST) 6.4.54 1991-92 Retired
88 96 B. CHANPRA SEKHAR < 2.6.46 1991-92 Retired
89 97 G. SRINIVASULU 6.3.48 1991-92 Retired
90 98 B. SHYAMA SUNPER (SC))_ 6.12.49 1991-92 Retired
91 99 B. MOGILI (SC 4.6.45 1991-92 Retired
92 100 OS. ANNAMALAI 7.1.41 1991-92 Retired
93 101 R. VIJAYA PRASAD 18.7.45 1991-92 Retired95 103 MOHP. AZAMTHULLAH 20.10.46 1991-92 Retired97 105 J. KOTAIAH 18.6.41 1991-92 Retired
98 106 A. VEERA RAJU 5.10.33 1991-92 Retired
127 107 B. CHAKRA PANI (C/L) 3.1.51 Retired
Sd/-D.Ramachandra Reddy Addl.Commissioner (CT) Legal
ANNEXURE-C
11
STATEMENT SHOWING THE NAMES NOT FOUND IN THE REVISED INTEGRATED SENIORITY LIST OF ACTOS OF ZONE-V FOR THE PANEL YEARS FROM 1975-76 TO 1991-1992 PUBLISHED
IN A.P EXTRAODINARY GAZETTE NO.119, DT.25-03-2004 AS PER THE GUIDELINES OF THE GOVERNMENT VIDE GOVT.MEMO NO.37295/CT.I(2)/2010, DATED 31-12-2011 (RELEGATED TO
SUBSQUENT PANEL YEARS) (CCT's Ref.No.DX2/942/2011-V,dt.23 -04-2012)
SI. Name of the individual Date of Birth
Panel year Remarks
1 2 3 4 5 1 U. RAMA SWAMY (SC) 2.1.50 Retired
2 SHAIK NAZEER 1.4.48 Retired
3 M. ADINARAYANA MURTHY (ST) 26.9.54
4 MOHD. GHOUSE 12.5.50 Retired
5 K. NARAYANA 25.3.46 Retired
6 B. MURALIDHAR 12.1.40 Retired 8 K. SESHAIAH 3.10.48 Retired
9 MA. SUBHAN 20.8.45 Retired
10 RASHEED AHMED 5.6.44 Retired
11 M. KOMARAIAH 19.6.42 Retired
12 C. NARASAIAH 6.10.45 Retired
13 SREE RAMA MURTHY 5.7.44 Retired
14 V. JANARDHANA RAO 4.6.46 Retired
15 MA. SAYEED 15.11.45 Retired
16 T.N.S. PILLAI 28.10.48 Retired
17 E. PEDDULAIAH (ST) 20.4.53 Retired
18 G. SHIVARAJ (SC) 13.6.53 Retired
19 M. VENKATARAMAIAH 16.7.49, Retired
20 G. SOMA NARASAIAH 26.5.49 Retired
Sd/-D.Ramachandra Reddy Addl.Commissioner (CT) Legal
12