ONE MAN COMMISSION-SIX POINT FORMULA-ANDHRA PRADESH-HEADED BY Mr. J.M. GIRGLANI, IAS (Retd.) Vol II

8/9/2019 ONE MAN COMMISSION-SIX POINT FORMULA-ANDHRA PRADESH-HEADED BY Mr. J.M. GIRGLANI, IAS (Retd.) Vol II

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FOR OFFICIAL USE ONLY

GOVERNMENT OF ANDHRA PRADESH

ONE MAN COMMISSION(SIX POINT FORMULA)

J.M. GIRGLANI, IAS (Retd.)

FINAL REPORT

IN THREE VOLUMES

ON

IMPLEMENTATION OF PRESIDENTIAL ORDERON PUBLIC SERVICES, 1975

AND

IMPLEMENTATION OF G.O.Ms.No.610,

G.A.( SPF.A) DEPT., DATED 30-12-1985.

VOLUME II

APPENDICES, ANNEXURES AND PROCEEDINGS

UP TO 22nd SEPTEMBER 2004.


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One Man Commission (SPF) Final Report

3

APPENDICES


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APPENDICES

INDEX

No Appendix Page Nos.

I G.O.Ms.No.610, G.A(SPF-A) Dept.,Dt.30.12.1985 5-7

II G.O.Ms.No.270,G.A(SPF-A) Dept., Dt.25.06.2001 8-9

III G.O.Ms.No.327,G.A(SPF-A) Dept., Dt.22.07.2002 10

IV G.O.Rt.No.2755,G.A(SPF-A) Dept.,Dt.17.06.2003 11-12

V Statistics on Transfers 13

VI One Man Commission Letter No.06/86/OMC(A1)/2002-1, Dt.01.11.2002 addressed toSecretary (Services), G.A.D. 14-17

VII Note from Secretary (Services),G.A.D addressedto Chairman, Anomalies Commission 18

VIII One Man Commission D.O.Lr.No.6169/OMC/A/2001, Dt.26.10.2002 addressed toSecretary (Services), G.A.D. 19-22

IX Government of India, Gazette No.902, New Delhi,Dt.13.12.2001 23-24

X Statistics on Compassionate Appointments 25

XI Statistics on pending Applications for

Compassionate Appointments 25

XII Statistics on 10 (a) (i) Appointments 25

XII-A Statistics on Deputations 25

XII-B Statistics on State Level Institutions 25


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GOVERNMENT OF ANDHRA PRADESHABSTRACT

SIX POINT FORMULA Andhra Pradesh Public Employment (Organisation of LocalCadres & Regulation of Direct Recruitment) Order, 1975 Alleged violation in theimplementation of Six Point Formula in Zones V to VI Rectification Order Issued.

GENERAL ADMINISTRATION (SPF-A) DEPARTMENT

G.O.Ms.No.610 Dated the 30-12-1985Read the following

1. G.O.Ms.No.674, G. A. (SPF-A) Dept., dated 20-10-1975.2. G.O.P.No.728, G. A. (SPF-A) Dept., dated 01-11-1975.3. G.O.P.No.729, G. A. (SPF-A) Dept., dated 01-11-1975.4. From the President, Telangana Non-Gazetted Officers Union,

letter dated 05-12-1985

* * *O R D E R:

The G.O. 1st read above, which is generally known as Presidential Order containsprinciples regarding Organisation of Local Cadres allotment of personnel of thevarious Departments to the various local cadres, method of direct recruitment to thevarious categories, inter-local cadre in transfers etc. of the employees holding thoseposts. In the G.Os 2nd and 3rd read above clarificatory instructions were issuedregarding procedure for implementation of the various provisions of the PresidentialOrder.

2. In accordance with the provisions of the Presidential Order, local cadreshave been organized to the various categories of posts in all GovernmentDepartments and allotment of personnel was made as per the guidelines contained inparagraph 4 of the said order.

3. In the representation 4th cited, the President, Telangana Non-GazettedOfficers Union has represented that certain allotments have been made in violationof the provisions of the Presidential Order.

4. The Government after carefully examining the issues raised in therepresentation and after having wide ranging discussion with the representatives ofthe Union have entered into an agreement with the Telangana Non-Gazetted OfficersUnion on 07-12-1985.

5. As per the terms of agreement the following orders are issued:

Appendix-I


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(1) The employees allotted after 18-10-1975 to Zones V & VI in violationof zonalisation of local cadres under the Six Point Formula will berepatriated to their respective zones by 31-03-1986 by creatingsupernumerary posts wherever necessary.

(2) In respect of Jurala, Srisailam Left Canal and Sriramsagar Project

Stage-II, all the staff in the Non-Gazetted categories both technicaland non-technical including Asst. Executive Engineers (formerly JEs)coming under zonalisation of local cadres under the Presidential Orderof 1975 who were posted to the projects from outside zones V andVI after 01-03-1983, will be retransferred to their respective zonesand posted either in existing vacancies in various GovernmentEstablishments in those zones or in supernumerary posts wherevacancies are not available. Towards this the Government will alsomove the Government of India for seeking amendment toGovernment of Indias notification G.S.R. 525(E) dated 28-06-1985to give retrospective effect to this order with effect from 01-03-1983.

(3) (a) In respect of appeals filed against orders of allotment made under

paragraph 4 of the Presidential Order of 1975 to the competentauthority in time and where such appeals are still pending disposal,all such cases where details are furnished by the T.N.G.Os Union orindividuals, shall be disposed of by 31-03-1986.

(b) As a result of the above exercise, consequential vacancies ifany, arising shall be filled up as per the procedure laid down underthe Presidential Order.

(4) In respect of first level Gazetted posts in certain Departments whichare outside the purview of the Presidential Order, action should betaken to review the question of inclusion of such posts also in the

scheme of localization and the matter should be taken up with theGovernment of India for suitable amendment to the said order.

(5) The posts in Institutions/Establishment notified in G.S.R. No.526 (E)dated:18-10-1975 shall be filled up by drawing persons on tenurebasis from different local cadres on an equitable basis as per theorders issued in the G.O. 3rd read above.

(6) The provision in Para 5(2) (c) of the Presidential Order relating tointer-local cadre transfers shall be strictly implemented and suchtransfers shall be effected only under exceptional circumstances inpublic interest.

(7) Action will be initiated in the concerned departments in cases broughtto their notice regarding bogus registrations in EmploymentExchanges.

(8) On receipt of complaints, if any, made by the TNGOs Union relating toirregular allotments of candidates particularly to Zones V and VI inthe category of Village Assistants the concerned department shalltake up the matter with the A.P. Public Service Commission and take


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such measures as may be necessary to rectify the irregularallotments made if any.

(9) The possibility of allotting persons from within the same zone/multi-zone against non-local vacancy in a particular local cadre will beexamined in consultation with the APPSC.

(10) The T.N.G.Os Union will furnish to Government the service/categories where for want of trained personnel, non-local candidatesare being appointed in zones V and VI so that Government canprovide training facilities in respect of such services/categories with aview to providing adequate opportunities for recruitment andappointment of local candidates in zones V and VI.

(11) The Departments of Secretariat shall complete the review ofappointments/promotions made under the Presidential Order asrequired under Para 13 of the said order, by 30-06-1986.

(12) (a) Immediate action will be taken to finalise the Common Gradation

List in respect of Assistant Engineers (Presently Dy. E.Es) as on01-11-1956, following the prescribed procedure under the S.R.Act. 1956.

(b) In respect of former Junior Engineers (Presently Asst.E.Es) thecommon gradation list published by the Government wasquashed by the A.P. Administrative Tribunal and the Governmenthad gone in appeal to the Supreme Court. Effective measureswill be taken for the disposal of the matter before the SupremeCourt, expeditiously.

(13) The matter relating to allotment of 7 non-local personnel in the cadre

of Inspector of Local Fund Audit belonging to Zones I to IV, allottedto Zones-V and VI against their options, will be examined by theDepartment concerned keeping in view of the provisions of thePresidential Order.

(14) The question of repatriation of 13 Deputy Executive Engineers of thePublic Health Department working in the city of Hyderabad to Zones Ito IV will be considered by the Department concerned keeping in viewthe provisions of the Presidential Order.

6. The Departments of Secretariat who are concerned with the terms shall takeimmediate necessary steps to implement the orders in consultation with Law/GeneralAdministration Department, if necessary, about the legal implications/interpretation

of the provisions of the Presidential Order.

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

SHRAVAN KUMARCHIEF SECRETARY TO GOVERNMENT

ToAll Secretaries to Govt.All Departments of Secretariat


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//TRUE COPY//

Sd/-SECTION OFFICER.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

ESTABLISHMENT Six Point Formula A.P. Public Employment (OLC & RDR) Order,1975 Implementations of G.O.Ms.No.610, General Administration (SPF-A)Department dated 30-12-1985 One Man Commission with Sri J.M. Girglani, IAS(Retd) Constituted Orders Issued.


G.O.Ms.No.270 Dated the 25th June, 2001Read :-

G.O.Ms.No.610, General Administration (SPF-A) Department,Dated 30-12-1985.

* * *

O R D E R:

Government have been receiving certain representations regardingrectification of lapses in the implementation of Six Point Formula, in so far it relatesto the Public Services. After all Party Meeting held on15-6-2001 and after careful consideration, the Government hereby constitute a OneMan Commission with Sri J.M. Girglani, IAS., (Retd).

2. The Commission will receive representations from Association / individualswhere the injustice is done in the implementation of G.O.Ms.No.610, GeneralAdministration (SPF-A) Department, dated 30-12-1985 and to sort out theanomalies. The Commission shall submit its report within 90 days.

3. The Commission will also take up further follow up action for the rectificationof defects, anomalies and irregularities, if any, and arrive at estimates of deviationand anomalies from the Presidential Order, and also suggest remedial actions whichwould include a mechanism to ensure implementation and monitoring of Six PointFormula, during the subsequent period of its term.

4. The term of the Commission will be for a period of one year. SeparateOrders shall be issued regarding the terms and conditions of the One ManCommission.

5. The Commission shall be provided with such staff and Secretarial assistanceas may be necessary for the proper discharge of its duties and responsibilities.

6. All Departments of Secretariat shall provide the required information andmaterial to the Commission.

Appendix-II


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7. The expenditure on the One Man Commission shall be debitable to the Headof Account 2052 Secretariat General Services - (090)Secretariat (04) G.A.D. (010) Salaries.

8. This order issues with the concurrence of Finance Department vide theirU.O. No.4230/FS(R&E)/2001, dated 25-6-2001.


P.V.RAOCHIEF SECRETARY TO GOVERNMENT

ToSri J.M. Girglani, IAS., (Retd)H.No. 7-1-69/2

(New 640) Dharamkaram Road, Ameerpet, Hyderabad.All Special Chief Secretaries / Prl. Secretaries/Secretaries to Govt.All Heads of DepartmentsAll District CollectorsCopy to :The Prl. Secretary to Govt. (SAR), Genl. Admn. Dept.The Secretary to Govt. (Ser.), G.A.D.The Secretary to Govt., Finance DepartmentThe Secretary to Govt., Planning DepartmentThe Secretary,A.P. Public Service Commission, HyderabadAll Departments of SecretariatThe Pay & Accounts Officer, Hyderabad

The Deputy Pay & Accounts Officer, Secretariat Branch, HyderabadThe Accountant General Andhra Pradesh, HyderabadThe Commissioner, Printing, Stationery, Chanchalguda, Hyderabad with a Requestto notify in the A.P. Gazette and supply 50 copies.All Recognized Service AssociationsThe I & PR, Publicity Cell, Secretariat, HyderabadThe G.A. (OP.I/OP.II/OP.III/OP.IV/SB/Claims/Spl.A/Spl.B) Dept.The Finance DepartmentThe P.S. to Prl. Secretary to Chief MinisterThe P.S. to Chief SecretaryThe P.S. to Prl. Secretary to Govt. (SAR), G.A. Dept.The P.S. to Secertary to Govt. (Services), G.A. Dept.The P.S. to Secretary to Govt., Finance (R&E) Dept.

SF/SC.

//TRUE COPY//

Sd/-SECTION OFFICER


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ESTABLISHMENT Six Point Formula A.P.Public Employment (OLC & RDR) Order,1975 Implementations of G.O.Ms.No.610, General Administration (SPF-A)Department dated 30-12-1985 One Man Commission with Sri J.M. Girglani, IAS(Retd) Constituted Orders Issued Extension of term of office for a period ofone year with effect from 24-06-2002 Orders - Issued


G.O.Ms.No.327 Dated the 22-07-2002Read the following :-

1. G.O.Ms.No.610, General Administration (SPF-A) Department,dated 30-12-1985.


3. Note, dated 28-06-2002 from the One Man Commission (SPF)

* * *O R D E R:

In the G.O. 2nd read above, the Government have constituted a One ManCommission with Sri J.M. Girglani, IAS (Retd.) to receive representations fromAssociations, Public, individuals on injustice done in implementation ofG.O.Ms.No.610, General Administration (SPF-A) Department, dated 30-12-1985, and

to sort-out anomalies. The term of the Commission was fixed as one year i.e., 24-06-2002. The Commission submitted its Preliminary Report to the Government on06-10-2001. The Commission has to submit its final report and give its findings onthe representations received. The Commission in the note read above, requested theGovernment to grant more time to complete its work.

2. Considering the work to be done by the One Man Commission, Governmenthave decided to extend the term of the Commission for one more year i.e., up to 30-06-2003 on the same terms of reference as stipulated in the G.O. 2nd read above.

3. The expenditure on the One Man Commission shall be debitable to the Head ofAccount 2052 Secretariat General Services (090)Secretariat (04) G.A.D. (010) Salaries.

4. This order issues with the concurrence of Finance Department vide their U.O.No. 1252/156/A1/EBS1/2002, dated 17-07-2002.


D. MURALI KRISHNA, IAS.,To PRL. SECRETARY TO GOVERNMENTSri J.M. Girglani, IAS., (Retd)H.No. 7-1-69/2 (New 640)

Appendix-III


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Dharamkaram Road, Ameerpet, Hyderabad.Copy to : All Departments of Secretariat.

//TRUE COPY//


ESTABLISHMENT Six Point Formula A.P. Public Employment (OLC & RDR) Order,1975 Implementations of G.O.Ms.No.610, General Administration (SPF-A)Department dated 30-12-1985 One Man Commission with Sri J.M. Girglani, IAS(Retd) Constituted Orders Issued Extension of term of office for a period ofthree months with effect from 01-07-2003 to30-09-2003 Orders - Issued


G.O.Rt.No.2755 Dated the 17-06-2003Read the following :-


2. G.O.Ms.No.270, G A (SPF-A) Department, dated 25-06-2001.3. G.O.Rt.No.3109, G A (SPF-A) Department, dated 18-07-2001.4. G.O.Ms.No.327, G A (SPF-A) Department, dated 22-07-2002.5. G.O.Ms.No.777, G A (SPF-A) Department, dated 14-02-2003.6. G.O.Ms.No.874, G A (SC-F) Department, dated 19-02-2003.7.

Govt.Memo.No.29734/SPF.A/2002-3, G.A.(SPF.A) Departmentdated 29-04-2003.

* * *

O R D E R:

In continuation of the orders issued in G.O. 5th read above, Governmenthereby decided to extend the term of office of Sri J.M. Girglani, IAS., (Retd.) as OneMan Commission (Six Point Formula) for a further period of three months with effectfrom 30-06-2003 to 30-09-2003.

2. The period of extension will also apply to Sri P. Mohan Lal, Ex-Officio JointSecretary and OSD to the Commission on contract basis. The Secretarial assistanceprovided to the Commission will also be continued till 30-09-2003.

3. Permission is also extended to hire the private vehicles as ordered in Govt.Memo 7th read above up to 30-09-2003 within the general budget allotted to theGeneral Administration Department pending provision of additional budget.

Appendix-IV


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4. The expenditure on the One Man Commission shall be debitable to the Head ofAccount 2052 Secretariat General Services (090)Secretariat (04) G.A.D. (010) Salaries and also 510 Motor Vehicles.

4. This order issues with the concurrence of Finance Department vide their U.O.No. 14672/158/Expr.GAD.1/A1/2003, dated 16-06-2003.


B. ARAVINDA REDDYSECRETARY TO GOVERNMENT (SER)

ToSri J.M. Girglani, IAS., (Retd)H.No. 7-1-69/2 (New 640)Dharamkaram Road, Ameerpet, Hyderabad.Copy to : xxxxx xxxxx

//TRUE COPY//


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PLEASE SEE THE STATEMENTS OF THISAPPENDIX IN THE XLS FORMAT AT THE END

OF THE REPORT.


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GOVERNMENT OF ANDHRA PRADESHGENERAL ADMINISTRATION DEPARTMENT

Letter No.06/86/OMC(A.1)2002-1, Dt : 01-11-2002

FROM :J.M. GIRGLANI, IAS, (Retd.)One Man Commission (SPF)General Administration DepartmentK Block, 2nd Floor, Room No. 327A.P. Secretariat, Hyderabad

ToThe Secretary to GovernmentGeneral Administration (Services) Department

A.P. SecretariatHyderabad

Sir,Sub : SPF Presidential Order (OMC) Gazetting of posts after the issue of

Presidential Order - Reg.

Ref : OMC (SPF) Preliminary Report submitted to the Government in October,2001.

* * *Kindly refer Commissions Preliminary report, Preliminary Finding Nos. 12A to

12D with particular reference to sub-Para (ii) of Para 2.28.0 of the Preliminary

Finding 12A (xerox copy of the finding is enclosed for ready reference). After thisReport, the Commission has had occasion to hold meetings with the Officers of theHeads of the Departments to find out about the deviations if any from thePresidential Order. One of the most important issues that has come to the notice ofthe Commission is that in many departments the posts which were hitherto Non-gazetted before 18-10-1975, the date of the Presidential Order, have been madeGazetted either with the same designation or with some change of designation. AsNon-Gazetted posts these were zonal posts with 70% preference for localcandidates. On becoming Gazetted, the posts become State-wide posts and alsolose the preference for the local candidates. Thus, through this process thePresidential Order is getting diluted in respect of many important posts at the zonallevel and local candidates of all the zones are losing the advantage of localisation

and preference. Apart from the posts that have come to the notice of thisCommission, the Commission understands that there is a demand from manyService Associations for Gazetting some of their posts and that these demands havebeen referred to Anomalies Commission for examination. The AnomaliesCommission will no doubt examine the administrative and other aspects of thedemands for making the posts Gazetted. But the one aspect that needs to besafeguarded is that when a post is Gazetted or any change is made in a post, itsoriginal local character should be preserved so that the Presidential Order is notdiluted and local candidates interests are not adversely affected. It is found that

Appendix-VI


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some of the posts which were gazetted after 18-10-1975 were got included by theGovernment in the Third Schedule of the Presidential Order in the category ofSpecified Gazetted Posts. One finds from the Third Schedule that even up to 1993some posts were added to this category, but not all the posts that have beengazetted to-date have been added to this category.

Adding to the Third Schedule of Presidential Order under the category ofSpecified Gazetted Posts only preserves the zonal character of the post, but thatbrings no solace to the local candidates because the preference for local candidatesdoes not apply to all the posts which are included in this category excepting for afew posts like Tahsildars and Assistant Engineers etc., in this Schedule which wereoriginally given the preference of 60% for local candidates. Thus inclusion to thiscategory also does not restore the local candidate preference of 70% which is lostwhen a Non-Gazetted post is Gazetted. In many of the cases that have come beforethe Commission, the posts have not even been brought to the Specified GazettedCategory after being gazetted so that even the zonal character is lost. In two cases:one of the Forest Range Officer in the Forest Department and another of Prohibitionand Excise Inspectors, the proposal for inclusion in the Third Schedule as SpecifiedGazetted Category Posts was even rejected by the Government of India. On the

latter case this Commission has written to you already.

This process of gazetting is resulting in consequences which are against theprinciple enunciated in the Preliminary Findings cited above. You may kindly recallthat this particular finding had found favour with the Cabinet Sub-Committee in thepresence of the Honble Chief Minister, who had also agreed with it in principle. Thiswas also presented before the Cabinet. It is therefore more or less an agreedprinciple. The reason for the recommendations in these findings cited above is thatif we do not accept the principle of immutability of the local character of the posts asit stood at the time of the Presidential Order, then the Government would find itdifficult to deny the demands for expanding the scope of the Presidential Order in somany other dimensions. This is one of the demands in the G.O.Ms.No.610. It willbe found in G.O.Ms.No.610, one of the demand which the Government had agreedto look into was Para 5(5) and 5(9) which reads as under:

Para 5(5)The posts in Institutions/Establishment notified in G.S.R.No.526(E), dated18-10-1975 shall be filled up by drawing persons on tenure basis fromdifferent local cadres on an equitable basis as per orders issued in the G.O.3rd read above.

Para 5(9)

The possibility of allotting persons from within the same zone/multi-zoneagainst non-local vacancy in a particular cadre will be examined inconsultation with the APPSC.

Thereafter, the Services Associations particularly of Telangana have alsomade demands for extending the Presidential Order to Corporations and other quasi-government organisations which are now outside the Presidential Order. To putfinality to the scope of the Presidential Order this Commission had suggested thatwe should also accept to put a stop to the abridgement of the scope of thePresidential Order and give an assurance to the Employees Association to this effect,while not expanding its scope.


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The abridgement of the Presidential Order and the leakage of localized poststhrough this process of gazetting is against the principle that the Presidential Ordersscope shall not be mutated i.e., neither expanded nor abridged. If it is allowed to beabridged then the counter demands for expansion of the scope cannot be easilyignored.

In pursuance of this principle of immutability of the local character of apost as it stood on the date of the Presidential Order the Government have takencare to ensure that the posts of the Secondary Grade Teachers were retained asdistrict cadre posts and later on the Government took further action to ensure thatthe original 80% preference for local candidates was also restored even though thescale of the post had been raised by the 1994 Pay Revision Commission above thelevel of the LDC Scales, which would normally have made it a zonal post with 70%preference. Having accepted the principle of immutability and applied it in the caseof the Secondary Grade Teachers it is but fair that the same principle be appliedwherever there is any administrative action or change that mutates the original localcharacter of a post. This will give finality and stability to the Presidential Orderamidst the dynamics of a progressive and expanding administrative system.

In pursuance of this principle and in view of the dimensions mentionedabove, it is suggested as under :-

1. That all the posts that were gazetted after 18-10-1975 should be gotincluded in the Third Schedule to the Presidential Order as SpecifiedGazetted Categories. This will ensure the zonal character of the posts andretain the zone as local area for the posts.

2. To retain the 70% preference for the local candidates which applied to theseposts before being Gazetted as they were Non-Gazetted zonal posts.

3. In respect of the posts which are pending consideration for being gazetted,if the Gazetted status is granted on administrative grounds then ipso factoa reference to the Government of India may be made immediately on thelines mentioned above under (1) and (2) so that their local character is not

mutated.4. In cases which were referred to the Government of India and have been

rejected for inclusion in the Third Schedule i.e., Specified GazettedCategory, the cases may be reopened and action taken as suggested at (1)and (2) above.

A list of the posts that have come to the notice of the Commission which havebeen Gazetted with or without changes in designation after the Presidential Order isenclosed. This list is not exhaustive but information may be collected from all thedepartments so that in one single reference Government of Indias orders may be

obtained. (Please see Annexure-3 herein).

It is also suggested that the action on this matter may be taken expeditiously

particularly in view of the pending demands for gazetting of some posts in some ofthe departments.

Yours faithfully,Sd/-

One Man Commission (SPF)Copy to

(1) Sri S.V. Prasad, IAS, Principal Secretary to Chief Minister, with reference topersonal discussion in the matter.


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(2) OMC(SPF-A), GAD with a request to include this under the category of Generalissues of Gazetting of posts after the issue of Presidential Order.

* * *D.O.Lr.No.06/86/OMC(A.1)/2002-2, dt: 21.05.2003

Dear Sri Arvinda Reddy,

Sub:- SPF Presidential Order (OMC) Gazetting of posts after the issue ofPresidential Order Reg.

Ref:- My Lr.No.06/86/OMC(A.1)/2002-1, dt: 01.11.2002.

* * *

Kindly refer my letter cited above. As I mentioned to you on phone few days

back, I understand that all the proposals for gazetting of posts submitted by variousDepartments/ Associations have been referred to Anomalies Commission. I had alsomentioned this in my letter cited. This is an advanced stage of action in the matterof deciding about the gazetting of certain posts. After the Anomalies Commissionrecommendations it will be much more difficult to halt the gazetting process. As Ipointed out, it is desirable to bring this process to a halt in the interest of localcandidates under the Presidential Order who stand to suffer by gazetting of posts,because they will lose the benefit of the local cadre and the preference in directrecruitment to the extent of 70%. I have also proposed that in respect of the postsalready gazetted, Government of Indias orders may be obtained so that they will

continue to be zonal posts with 70% preference for local candidates, therebypreserving the advantage which was attached to these posts before being gazettedon the principle of immutability of the local cadre & reservation for local candidatesof posts that existed on 18.10.1975.

In this connection, it may also be mentioned that some departments thathave got their posts gazetted after 18.10.1975 are continuing to treat them as zonalposts with 70% for locals. While this ensures that the pre-gazetting advantage ofthe post is not lost for the locals, it is in contravention of the Presidential Orderbecause, once the post becomes gazetted, it ceases to have the advantage under thePresidential Order which was attached to it when it was a non-gazetted post. TheHead of the Department cannot by his own authority continue these advantageshowsoever desirable to do so. So, from that point of view also to validate theiraction, it is necessary to obtain from the Government of India, orders as indicatedabove, for all posts gazetted after 18.10.1975. While doing so, an immediate halt

may be ordered on any further gazetting of posts including proposals alreadyreceived or referred to Anomalies Commission.

With regards,Yours sincerely,

Sd/-(J.M. GIRGLANI)

Sri B. Aravinda Reddy, IAS.,Secretary to Government (Ser.),


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General Administration (SPF) Department.

* * *

Copy of:

Genl. Admn. Dept.,O/O Secy. (services)

NOTE

It is understood that the Anomalies Commission is examining certain proposals

made from the Departments of Secretariat for up-gradation of a few non-gazetted

posts in to gazetted posts. The up-gradation of non-gazetted posts into gazetted

posts has implications under the Presidential Order, which lays down the principles of

localization and organisation of local cadres in the State.

In view of the above position, it is requested that before a decision is taken for

upgrading non-gazetted posts into gazetted posts, the views of the General

Administration (SPF-A) Department may kindly be taken into consideration.

Sd/-Secretary (Services)

Dt. 1st May 2003

Sri R. Ramachandra, IAS, (Retd),Chairman, Anomalies Commission.

* * *

Appendix-VII


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D.O.Lr.No.6169/OMC/A/2001- Dt.2610-2002

Dear Sri Aravind Reddy Garu,

Sub: OMC (SPF) Presidential Order Posts Gazetted after the PresidentialOrder Inclusion in Specified Gazetted Category (Third Schedule) Caseof Prohibition and Excise Inspectors Reg.

Ref: 1. Preliminary findings no.12A, 12B, 12C, 12D in the Preliminary Reportof OMC submitted in October, 2001 (extracts enclosed for readyreference).

2. Lr.No.78360/Excise.I/1993-22, Dt.9.10.2002 from the RevenueDepartment, Government of Andhra Pradesh addressed to OMC (SPF)(copy enclosed).

***

It may be seen from the reference 2nd cited above that the Government in theRevenue Department had declared the post of Prohibition and Excise Inspectors asGazetted in G.O.Ms.No.335, Revenue (Excise-I) Department, dt.26.4.1997. Inpursuance of this the department had approached General Administration (SPF)Department to obtain the orders of the Government of India for inclusion of the post

in the Specified Gazetted Category i.e., in The Third Schedule to the PresidentialOrder, so as to maintain the zonal character of the post. From the reference 2ndcited, it is clear that the Government of India has rejected the proposal.

In this connection, I may invite kind attention to the Preliminary Findings ofthis Commission cited above in its Preliminary Report. This Report was presentedtwice before Honble Chief Minster, before the concerned Cabinet Sub-Committee onG.O.Ms.NO.610 and also before the Cabinet. Honble Chief Minister and the Cabinet

Sub-Committee had accepted in principle these particular findings though there is noformal order to this effect and even acted on it in the case of Secondary GradeTeachers. In this context therefore when some posts are gazetted after thePresidential Order, they should not lose either their zonal character or their

preference percentage (reservation percentage) for local candidates. In all suchcases the posts were Non-Gazetted before being Gazetted and were therefore zonalposts with 70 per cent preference for local candidates. By being Gazetted, boththese localization advantages of zonal posts and 70% preference get obliterated.Therefore, in view of the acceptance of the principle of immutability of the localcharacter of a post on change of designation up-gradation, gazetting etc., the casemay be referred back to the Government of India for accepting the proposal. A freshproposal may be sent to the Government of India for not only inclusion of the post in

Appendix-VIII


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the Specified Gazetted Category but also for retaining the 70 per cent preference forlocal candidates.

I may, however, suggest that before sending the proposal, you maylike to discuss the matter with the Principal Secretary to Chief Minister, SriS.V.Prasad, IAS.. I have already discussed this issue as a general issue for all theposts that have been Gazetted after the Presidential Order. In his view the mattermight have to be taken up with the Centre as a

general issue first at the Chief Ministers level. Therefore before sending the proposal

you may kindly have a word with Mr.S.V.Prasad and find out whether this singleproposal may be sent or whether we may await the general issue being taken upfirst with the Government of India.

Yours sincerely,

Sd/-(J.M.GIRGLANI)

Sri B.ARVINDA REDDY, IAS

Secretary to Government (Services)General Administration (SAR) DepartmentA.P.SecretariatHyderabadCopy to Sri S.V.Prasad, IAS, Prinicipal Secretary to Chief Minister with reference tomy discussion with you on 21st October, 2002

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PRELIMINARY FINDING 12(A)

Local Character of Posts Immutable :2.28.0 Arising from this is another anomaly that the Commission would request

the Government to kindly focus its kind urgent attention on. It is thatthe character of a post as belonging to the district or zonal or multi-zonal cadre as of 18-10-1975, the date of coming into effect of thePresidential Order, cannot be changed by any action of any type, likeup-gradation or down-gradation etc. Thus: -

(i)If a posts pay scale is changed into a higher pay-scale, it will stillcontinue to belong to the same cadre as its original cadre as of 18-10-1975, viz., District, Zonal or multi-zonal, as the case may be, forpurposes of local area. It should also continue to have the same

percentage of reservation for local candidates, 80, 70 or 60 as the casemay be as it had as of 18-10-1975.

(ii)Similarly, a post may be made gazetted, from its original non-Gazettedstatus as of 18-10-1975, but that shall not take it outside the purview ofthe Presidential Order, nor change its Cadre, or Local Area (Dist. Zoneor multi-zone as it was on 18-10-1975), nor can the reservationpercentage be changed from the original percentage as of 18-10-1975.

Any modification or mutation of these basic principles, even with theconsent of the Government of India, should be deemed to be violation ofthe Presidential Order. The Commission has been informed of manyposts that have been gazetted after 18-10-1975, but which have not

been brought under the Presidential Order. Such as have been brought,have been brought under changed reservation percentage to 60%, notthe original zonal non-gazetted post percentage of 70%. Theseanomalies or unintended violations, whatever they may be called, needto be set right. Their local area also cannot change.

PRELIMINARY FINDING 12(B)

(iii) Where the pay-scale of a non-gazetted post is enhanced from that ofL.D.C. equivalent scale, its local area and reservation percentage shouldnot change. The case in point is that of Secondary School teachers.While, on enhancement of their pay-scale their local area has beenrightly kept as the District, the percentage of reservation has beenchanged to 70 from the original 80, for no explicable reason. Thecontradiction and anomaly is evident prima facie.

(iv)When a field office, like a regional office, is abolished and the staff isshifted to the H.O.D Office, the posts of the field office, such as regionaloffice etc. so abolished, should continue to have the same characterunder the Presidential Order with the same local area and localcandidate reservation percentage. The case in point is that of theabolition of certain regional offices like those of the Cooperative


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Department and shifting of the posts to Head of the Department office.There could be more circumstances of the same genre where the sameprinciple will apply.

PRELIMINARY FINDING 12(C)

2.28.1 Why are these principles sacrosanct ? Because, otherwise the entirePresidential Order can be bled out through the haemorrhage of up-gradations,Gazetting and upward revisions of pay scales,abolition offield offices and shifting of their staff to the H.O.D.office or any suchacts. Mere consent of the Government of India is not an adequatesafeguard, because at this length of time, and particularly when thereis no agitation or a vigilance device for the Six Point Formula, theGovernment of India would go by the State Governmentsrecommendation, which, in normal times would be based onadministrative exigencies or staff demands in general. The Six PointFormula would not enter the thoughts of the proposers and acceptorsin the context of other stresses of the moment, be they administrativeor staff union pressures.

PRELIMINARY FINDING 12(D)

2.28.2 Hence, the immutable spirit of the Presidential Order must be madesacrosanct. In law it might fall under the concept of pith and

substance, or what the Supreme Court has pronounced as the BasicFramework principle (in respect of the Constitution) which cannot bechanged by amendment. Presidential Order too is a ConstitutionalOrder, not a legislated one and represents a part of that fine balancethat holds together the State as a single political entity. Hence, its Basic Framework should not be tampered with. All administrative

changes must conform to the Basic Framework of the Presidential

Order, making that framework immutable, unless by a Constitutionalamendment of the Presidential Order itself undergoes any change.

* * *


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The Gazette of IndiaEXTRAORDINARY

Part II Section 3 Sub-section (ii)Published by Authority

No.902} NEW DELHI , DECEMBER 13, 2001/AGRAHAYANA 22,1923

MINISTRY OF HOME AFFAIRSORDER

New Delhi, the 13th December, 2001

S.O. 1219(E)-In exercise of the powers conferred by clauses (1) and (2) ofarticle 371 D of the Constitution of India, the President hereby makes, with respectto the State of Andhra Pradesh, the following Order to amend the Andhra PradeshPublic Employment (Organisation of local Cadres and Regulation of Direct

Recruitment) Order, 1975, namely :-

1. (1) This order may be called the Andhra Pradesh Public Employment(Organisation of Local Cadres and Regulation of Direct Recruitment(Amendment) Order, 2001.

(2) It extends to the whole of the State of Andhra Pradesh.

(3) Save as otherwise provided, it shall come into force from the date ofpublication in the Official Gazette.

2. In the Andhra Pradesh Public Employment (Organisation of Local Cadres andRegulation of Direct Recruitment) Order, 1975,-

(1) In paragraph 2, in sub-paragraph (1), the clause (a), the following shall beadded, namely :-

The territorial jurisdiction in respect of the posts belonging to the

Department of school Education shall be the Revenue District ofHyderabad.

(2) In paragraph 8, in sub-paragraph (1) after item (b), the following itemshall be deemed to have been added with effect from the 1 st day of June2001, namely :-

C. (i) in any local cadre under the State Government comprising posts

belonging to the categories of teachers in the Andhra Pradesh SchoolEducation Subordinate Service and all other similar or equivalentcategories of posts of teachers under any Department of the StateGovernment ; and

(ii) in any cadre under a local authority or under any such othermanagement, as may be notified by the State Government from time totime carrying a scale of pay equal to that of posts in the Andhra PradeshSchool Education Subordinate Service shall be reserved in favour of localcandidates in relation to the local area in respect of such cadre.

Appendix-IX


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3. In paragraph 8, in sub-paragraph (2) in item (a) for the words and figurein item (a) of sub-paragraph (1), the words and figure in item (a) or initem (c) of sub-paragraph (1), shall be substituted.

[File No.21012/3/2001-SR]

R K SINGH, Jt. Secy.Foot Note : The Andhra Pradesh Public Employment (Organisation of Local Cadres andRegulation of Direct Recruitment) Order, 1975, was published in the Gazette of Indiavide G.S.R.No.524 (E), dated the 18th October, 1975 and amended vide :-

1. G.S.R. 850 (E) dated 18-10-1976

2. G.S.R. 78 (E) dated 22-02-1977

3. G.S.R. 186 (E) dated 16-04-1977

4. G.S.R. 392 (E) dated 22-06-1977

5. G.S.R. 648 (E) dated 17-10-1977

6. G.S.R. 5 (E) dated 01-01-1981

7. G.S.R. 525 (E) dated 28-06-1985

8. G.S.R. 1121 (E) dated 18-11-1986

9. G.S.R. 742 (E) dated 15-10-1993

10. SO 29 (E) dated 10-01-2000

11.

SO 106 (E) dated 03-02-2000

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PLEASE SEE THE CONTENTS OF THEFOLLOWING STATEMENTS PERTAINING TO

APPENDIX NOS. X, XI, XII, XII-A, AND XII-BIN THE XLS FORMAT AT THE END OF THE

REPORT


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ANNEXURES


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ANNEXURES

INDEX

No Annexures Page Nos.

1 ANNEXURE List of Heads of Departments 28-30

2 Extract of High Court Judgement in W.P.Nos.13458,13545,13558,13572,15101,19341 and 19375 of 01. 31-51

3 Posts Gazetted after the issue of Presidential Order(18.10.1975) 52

4 Posts kept outside the purview of the APPSC 53-55

5 Posts under the purview of District SelectionCommittees 566 APPSC, Attestation Form 57-59

7 Karnataka Act No.11 of 1974 60-71

8 Employees Census 2001 (Regular Govt. Employees) 72

9 Employees Census 2001 (Regular Rural Local BodyEmployees) 72

10 Employees Census 2001 (Regular Urban Local

Body Employees) 72

11 Proforma:OMC-5A Information on District LocalCadre Posts 72

12 Proforma:OMC-5B Information on District LocalCadre Posts - (Abstract) and Tables 2A to 2E &3A to 3D 72

13 Note on Para 5 (14) of G.O.Ms.No.610 in respect of13 Deputy Executive Engineers of Public Health &

Municipal Engineering Department 73-74

14 G.O.Ms.No.128,M.A, Dt. 11.02.1981,G.O.Ms.No.245,M.A, Dt.20.05.1986 andG.O.Ms.No.77,M.A, Dt.4.03.1997 ofHousing, Municipal Administration andUrban Development Department. 75-84


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PROPOSED NEW ANNEXURETO THE G.O.P.NO.728, G.A. (SPF.A) DEPT., Dt. 01-11-1975

LIST OF HEADS OF DEPARTMENTS1. Commissioner of Agriculture.

2. Director of Animal Husbandry.

3. Commissioner of State Archives & Research Institute.

4. Director of Adult Education.

5. Director of State Audit.

6. Commissioner of Archaeology and Museums.

7. Commissioner for Backward Classes.

8. Director of Boilers.

9. Commissioner for Co-operation & Registrar of Co-operative Societies.

10. Commissioner Collegiate Education.

11. Commissioner of Civil Supplies.

12. Commissioner for Commercial Taxes.

13. Director of Cultural Affairs

14. Addl. Director General, Drugs Control Administration.

15. Commissioner of Disabled Welfare.

16. Director of Government Examinations.

17. Chief Electrical Inspector.

18. Director of Employment and Training.

19. Director of Economics and Statistics.

20. Commissioner of Endowments.

21. Commissioner of Fisheries.

22. Principal Chief Conservator of Forests.

23. Director General of Fire Services.

24. Director of Factories.

25. Director of Ground Water Department.

26. Director of Horticulture.

27. Director of Health.

28. Commissioner of Handlooms and Textiles.

29. Commissioner of Intermediate Education.

30. Director of Insurance.

31. Director, Information & Public Relations.

32. Director General, Dr. Marri Channa Reddy Human Resource Development

Institute (IOA).33. Commissioner of Indian Medicine & Homeopathy.

34. Commissioner of Industries.

35. Engineer-in-Chief (Admn.Wing) Irrigation & Command Area Development.

36. Director of Insurance Medical Services.

37. Director of Jawarhar Bal Bhavan.

38. Commissioner, Juvenile Welfare & Correctional Services.

Annexure-1


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39. Director of Public Libraries & Registrar of Publications.

40. Controller of Legal Meteorology.

41. Commissioner of Labour.

42. Chief Commissioner of Land Administration.

43. Director of Marketing.

44. Director of Mines and Geology.45. Director of Municipal Administration.

46. Director, N.C.C.

47. Director of Govt Oriental Manuscripts Library and Research Institute.

48. Director of Protocol.

49. Director of Institute of Preventive Medicine, Public Health, Lab. Food (Health)Administration.

50. Director General & Inspector General of Police.

51. Director General & Inspector General of Prisons and Correctional Services.

52. Director of Prosecutions.

53. Engineer-in-Chief, Public Health.54. Commissioner of Panchayat Raj.

55. Engineer-in-Chief, Panchayat Raj.

56. Commissioner of Prohibition and Excise.

57. Director of State Ports.

58. Commissioner of Rural Development.

59. Inspector General of Registration and Stamps.

60. Engineer-In-Chief, Roads and Buildings.

61. Commissioner of Sericulture.

62. Commissioner & Director of School Education.

63. Commissioner of Small Savings & State Lottries.64. Commissioner and Director of Sugar and Cane Commissioner.

65. Commissioner of Survey Settlements, Land Records, Settlements and JagirAdministration.

66. Director of Sainik Welfare.

67. Commissioner of Social Welfare.

68. Commissioner of Technical Education.

69. Director of A.P Govt Text Book Press.

70. Director of Treasuries and Accounts.

71. Director of Translations.

72. Director of Town and Country Planning.

73. Commissioner of Tribal Welfare.

74. Chief Engineer, Tribal Welfare.

75. Commissioner of Transport.

76. Director of Tourism.

77. Director of Works Accounts.

78. Commissioner, Women Empowerment & Self Employment.

79. Director, Women Development & Child Welfare.


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80. Director of Youth Services.

81. Registrar, A.P. High Court.

82. Member Secretary, State Legal Services Authority.

83. A.P Judicial Academy.

84. A.P Administrative Tribunal.

85. Tribunal for Disciplinary Proceedings.86. Lok Ayuktha & Upa Lokayuktha.

87. A.P Sales Tax Appellete Tribunal.

88. Special Court under A.P Land Grabbing (Prohibition) Act.

89. A.P Co-operative Tribunal.

90. A.P State Transport Appellete Tribunal.

91. A.P WAKF Tribunal.

92. Chairman Cum Presiding Officer,Industrial Tribunal cum Labour Court at Visakhapatnam.

93. Chairman Cum Presiding Officer,Industrial Tribunal cum Labour Court at Guntur.

94. Chairman Cum Presiding Officer,Industrial Tribunal cum Labour Court at Warangal.

95. Chairman Cum Presiding Officer,Industrial Tribunal cum Labour Court at Anantapur.

96. Chairman Cum Presiding Officer,Industrial Tribunal cum Labour Court at Karimnagar.

97. Chairman Cum Presiding Officer,Industrial Tribunal cum Labour Court at Hyderabad I.

98. Chairman Cum Presiding Officer,Industrial Tribunal cum Labour Court at Hyderabad II.

99. Chairman Cum Presiding Officer,Additional Industrial Tribunal Hyderabad.

100. The Presiding Officer, Labour Court I Hyderabad.

101. The Presiding Officer, Labour Court II Hyderabad.

102. The Presiding Officer, Labour Court III Hyderabad.

* * * * *

Note : The designations of some of Heads, change with their ranks.


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EXTRACTS OF HIGH COURT JUDGEMENT IN W. P. Nos. 13458, 13545,13558, 13572, 15101, 19341 AND 19375 OF 2001

THE HONBLE THE CHIEF JUSTICE SRI S.B. SINHATHE HONBLE SRI JUSTICE S.R. NAYAK

ANDTHE HONBLE SRI JUSTICE GODA RAGHURAM

JUDGEMENT: (per the HONBLE THE CHIEF JUSTICE)All these Writ Petitions arising out of common order of the A.P. Administrative

Tribunal in O.A.No.2139 of 2001 and batch-dated 28-06-2001 were taken up for hearingtogether and are being disposed of by this common judgement.

ISSUEThe core issue involved in these writ petitions is whether the transfer of the

Inspectors of Police to the unit of Hyderabad City Police from other zones or the transfer ofInspectors of Police from one zone to another, as the case may be, made onadministrative grounds and in public interest was on permanent basis and consequentlythey are entitled to take their respective seniority in the units to which they were

transferred and whether they can be repatriated back to their parent zones?

Preview of the relevant provisions of the Presidential Order and

consequential orders issued by the Government:Pursuant to Six Point Formula agreed upon by various political leaders of the

State, by Constitution 32nd Amendment Act, the Parliament introduced Article 371-D for

the State of Andhra Pradesh with the object to ensure equitable opportunities in the

matter of Public Employment for persons coming from various parts of the State. In

exercise of the powers conferred by Clauses (1) and (2) of Article 371-D of the

Constitution of India, the President issued the order known as Andhra Pradesh Public

Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order,

1975 (for short the Presidential Order). Para 3 of the Order provides for organisation of

Local Cadres. Para 3 (2) provides that the posts belonging to the category of Junior

Assistants and to each of the other categories equivalent to, or lower than that of a Junior

Assistant in each department in each district shall be organised into separate cadre.

Under sub-Para (3), the posts belonging to each non-gazetted category, other than those

referred to in sub-paragraph (2), in each department in each zone shall be organised into

a separate cadre. As per Para 3(4), the posts belonging to each specified gazetted

category in each department in each zone shall be organised into a separate cadre. As

per Third Schedule appended to the Order, Inspectors of Police in Police Department is

a Specified Gazetted Category (S.No.51). According to Para 2(1) (m), zone means a

zone specified in the Second Schedule, comprising the territories mentioned therein. As

per the Second Schedule, Hyderabad comes under Zone VI which consists of Hyderabad,

Ranga Reddy, Nizamabad, Mahaboobnagar, Medak and Nalgonda district. Under the

Annexure-2


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Second Schedule, six zones have been created in the State for the purpose of the

Presidential Order. Para 6 deals with local areas. As per Para 6(2)(ii), the posts of

Inspectors of Police shall be regarded as a zonal post.

Under Sub-paragraph (6) of Para 3 notwithstanding anything contained in sub-paragraphs (2), (3), (4) and (5), the Central Government was empowered to notify thedepartments in which and the categories of posts for which a separate cadre has to beorganised for the City of Hyderabad and on such notification, the posts belonging to eachsuch category in each such department in the City of Hyderabad (other than thoseconcerned with the administration of areas falling outside the said City) shall be organisedinto a separate cadre and the posts so organised shall be excluded from the other cadres,organised in pursuance of Para 3 or constituted otherwise and comprising of postsbelonging to that category in that department. The Central Government in G.S.R. 528(E)dated 18-10-1975 issued notification under Para 3(6) and the Police Department is notpart of such notification. Therefore the Police Department in the city is part of Zone VIonly and no separate city cadre has been constituted for any of the categories in theDepartment. Para 4 of the Order deals with allotment of persons.

Now, we may refer to Para 5 and 14 of the Order which are relevant for ourpurpose. Para 5, which deals with Local Cadres and transfer of persons, reads thus:

5: Local cadres and transfer of persons: (1) Each part of the State for which a localcadre has been organised in respect of any category of posts, shall be a separate unit forpurpose of recruitment, appointment, discharge, seniority, promotion and transfer, andsuch other matters as my be specified by the State Government, in respect of thatcategory of posts.

(2) Nothing in this Order shall prevent the State Government from making provision for-

(a) the transfer of a person from any local cadre to any office or Establishment to which

this Order does not apply, or vice-versa;

(b) the transfer of a person from a local cadre comprising posts in any Office orEstablishment exzercising territorial jurisdiction over a part of the State to any other localcadre comprising posts in such part, or vice-versa;

(c) the transfer of a person from one local cadre to another local cadre where no qualifiedor suitable person is available in the latter cadre on where such transfer is otherwiseconsidered necessary in the public interest; and

(d) the transfer of a person from one local cadre to another local cadre on a reciprocalbasis, subject to the condition that the person so transferred shall be assigned seniority in

the latter cadre with reference to the date of his transfer to that Cadre.

Under Para 5(1) for the purpose of recruitment, appointment, discharge, seniority,

promotion and transfer and such other matters as may be specified by the State

Government, each part of the State for which a local cadre has been organised is the Unit.

The category of Inspectors of Police is a zonal post. Therefore, zone is the unit for the

matters mentioned in Para5(1).


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Under Para 14 of the Order, certain Establishments and posts are saved or exemptedfrom the application of the Presidential Order. Para 14(f), which is relevant for thepurpose of this case, reads thus:

Saving : Nothing in this Order shall apply to

X X X

(f) any post of Police Officer as defined in Clause (b) of Section 3 of the Hyderabad CityPolice Act, 1348F.

The President by various notifications specified the Special Offices or Establishments,Major Development Projects and State Level Offices or Institutions for the purposes ofPara 14. In the Police Department, Police Training College, Ananthapur, Deputy InspectorGeneral of Police (Intelligence), Deputy Inspector General of Police (Railways, Crime andTraining), Police Transport Organisation, office of the Director Police Communication,Office of the Forensic Science Laboratory are included in the notification. By operation ofPara 14 (f) the posts of Police Officers defined in Hyderabad City Police Act are saved fromthe provisions of the Presidential Order.

Ascertained cadre strength, allotment of persons under Para 4 and unit of

appointment are, therefore, basic requirements for ensuring the object underlined under

the Presidential Order.

Clause (10 of Article 371-D provides that the provisions of the Article and of any

order made by the President thereunder shall have effect notwithstanding anything in any

other provision of the Constitution or any other law for the time being in force. Therefore,

the Presidential Order prevails over any other law existing or made in future.

Sub-section (b) of Section 3 of the Hyderabad City Police Act, 1348 F defines PoliceOfficer to mean every member of the City Police Force appointed under the said Act andshall also include the Commissioner of City Police, Hyderabad, Deputy or AssistantCommissioner of Police. Section 4 of the Hyderabad City Police Act, which deals withOrganisation of Police, reads thus:

Organisation of Police: For the City of Hyderabad there shall be appointed a Police forceand its strength and constitution shall be as may be prescribed in accordance with theorders of the government issued in this behalf, from time to time.

The State enacted an Act called the Andhra Pradesh Members of Police Force

(Regulation of Transfers) Act, 1985 (Act 9 of 1985) (for short the Act,1985) to regulate

the transfer of persons appointed to Police Force in the State of Andhra Pradesh. Police

Force has been defined under sub-section (b) of section 3 of the said Act, to mean the

Police force constituted under the Hyderabad City Police Act, 1348 F, (the Andhra Pradesh

(Andhra Area) District Police Act, 1859) and the Andhra Pradesh (Telangana Area) District

Police Act, 1329 F or any other law relating to police force.


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Section 3, which deals with regulation of transfer read thus:

Regulation of transfer of members of police force: (1) Notwithstanding anything in any lawfor time being in force, a member of the Police Force, shall be liable to serve in any part ofthe State of Andhra Pradesh.

The Government may make rules for the regulation of transfer of members of Police forcefrom one part of the State to another part within the State of Andhra Pradesh by suchauthority as may be prescribed.

Section 4 empowers the Government to make rules for carrying out the purpose of

the said Act.

The State in exercise of the powers conferred under sub-paragraph (2) of Paragraph5 of the Presidential Order read with sub-section (2) of Section 3 and sub-section (1) ofSection 4 of the Act, 1985 issued rules in G.O.Ms.No.288, Home (Police-C) Departmentdated 06-05-1986 called the rules for the regulation of transfer of members of police forcefrom one part of the State to another part within the State of Andhra Pradesh. The rules

shall apply to every member of the Police force from the rank of Police Constable to therank of Inspector and of equivalent ranks working in various police organisations. In termsof entry No.1 of the table under Rule 2, for all ranks in Police Department, the competentauthority to effect transfer is Director General and Inspector General of Police or by anauthority authorised by him.

Rule 3 which speaks of seniority provides

Seniority: The transfers being on administrative grounds and in public interest, thetransferees will take their respective seniority in the Units to which they are transferred.

Under Rule 4 of the said Rules, the appointing authority for the transferees will be

the same as that prescribed in the concerned Special Rules relating to the Unit to whichthey are transferred. Subsequent to the issuance of the Act, 1985 and the Rules,numbers of persons working in the category of Inspectors of Police were transferred fromone zone to another on administrative grounds including the Hyderabad City. Suchtransfer orders did mention that the seniority of such transferees would be maintained inthe range to which they were transferred.

The State Government made several provisions under Para 5(2)(c) of the Presidential

Order. In the G.O.Ms.No.374 GAD(SPF.A) Department dated 20-05-1977, it was

provided that no provision for inter-local cadre transfers need be made in any special or ad

hoc rules on and that such transfers will be permitted only under the circumstances

stipulated in Para 5(2)(c).

In G.O.Ms.No.569 GAD dated 22-08-1977 an ad hoc rules was issued to the

following effect:

Notwithstanding anything in the A.P. State and Subordinate Service Rules or the Specialor Adhoc rules transfer of a person, holding post in a category organised into local


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cadre, under Para 3 of the A.P. Public Employment (Organisation of Local cadres underregulation of direct Recruitment) Order, 1975 as amended from one local cadre to anothershall be made by the Government where no qualified or suitable person is available in thelatter cadre or where such transfer is otherwise considered necessary in the publicinterest.

To give effect to Para 5(2)(d) which was inserted by G.O.Ms.No.34 GAD dated24-01-1981, the Government in G.O.Ms.No.539 GAD dated 01-10-1981 issued theamendment to the above ad hoc rule as under:

Notwithstanding anything in the A.P. State and Subordinate Service Rules, or the Specialor the Ad hoc rules transfer of a person, holding post in a category organised into localcadres, under Paragraph 3 of the A.P. Public Employment (Organisation of Local cadresand Regulation of Direct Recruitment) Order, 1975 as amended from one local cadre toanother may be made by the Government.

(a) Against a vacancy where no qualified or suitable person is available in the latter cadreor where such transfer is otherwise considered necessary in the public interest; and

(b) on reciprocal basis, subject to the condition that transfers should be assignedseniority with reference to the date of transfer in the cadre to which he is transferred.

BACKGROUND OF LITIGATION:

It appears that consequent to transfer of Inspectors of Police to Hyderabad CityPolice from other zones, litigation had ensued before the Andhra Pradesh AdministrativeTribunal challenging the validity of the Act, 1985. The Police Officers working in theHyderabad City Police questioned the orders of transfer of Police Officers from other zonalcadres to the posts of in the Hyderabad City Police. A full Bench of the Tribunal inO.A.Nos.22622 to 635 of 1990 and batch of cases considered the validity of the Act andthe Rules.

The Tribunal on a consideration of the various provisions of the Presidential Orderand the ad hoc rules issued by the Government was of the view that the transfers of non-gazetted officers or the first level gazetted officers occupying the posts saved by Para 14may be made in public interest and in the interests of the administration but at the sametime, such transfers cannot be made as a punishment by posting the persons to distantplaces or to effect their future careers like promotion etc. Referring to entry 1 of Rule 2 ofthe Rules, the Tribunal observed :

It does not make any distinction between the posts organised in zonal cadres or coveredby the Presidential Order or those saved by the Presidential Order by Para 14. Such aprovision is not contemplated by Para 5(2) and is inconsistent with the same.

The Tribunal also observed:

the table under Rule 2 does not indicate separately the post of a Police Officer as definedin the Hyderabad City Police Act which is saved by the Presidential Order. A transfer ofsuch an officer to another post covered by the Presidential Order will not be permissibleunder the Act or the Rule. Rule 2 or any other rule does not refer to various clauses of


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Para 5(2), which has to be kept in view for making a transfer with reference to each of theclauses.

The Tribunal further observed:

Rule 3 regarding seniority states that a transfer could be made in public interest and

therefore Rule 2 extracted above merely states that the transfers being on administrativegrounds and in public interest the transferees will take their respective seniority in theunits to which they are transferred. The rules do not restrict the power of transfer only inpublic interest or on administrative grounds. No guidelines are laid down for thesubordinate officers to make such transfer or dealt with which are the areas, which willanswer the requirements of public interest or administrative grounds. In respect of theposts covered by the Presidential Order, the public interest is a ground only under Para5(2)(c). The ad hoc rule framed under 309 reserves the power in the Government alone.By the impugned rules, the power is not only delegated to the Head of the Departmentand various officers but it can be further delegated by the Head of the Department toanyone else. The words public interest and administrative grounds in Rule 3, therefore,do not lay down any guidelines or put a fetter on the officers to transfer only in publicinterest or administrative grounds.

It was further held that provision made under Para 5(2) cannot be inconsistent withClauses (a) to (d) of Para 5(2). However, the Tribunal did not examine the scope ofvarious clauses under Para 5(2) or how the posts under 14(f) are to be dealt with on theground that the rules do not satisfy the requirement of a provision to be made under Para5(2). The Tribunal also held:

We would, therefore, like to point out to the instructions issued in G.O.P.No.728, GADdated 01-11-1975 regarding determination of cadre strength of each local cadre by takinginto account the proportionate number of posts in Office or establishments saved from thePresidential Order. This was with an idea that the posts in such office and establishmentswould generally be filled upon tenure basis by drawing persons from various zonal cadres

on equitable basis to achieve the object of Article 371-D. Probably this may also have tobe kept in view while making a provision under 5(2).

Finally, the Tribunal summed up the conclusions as under:

a) The Act and Rules do not violate Presidential Order insofar as a transfer is from a postsaved under Para 14 of the Presidential Order to another post saved under Para 14 of aperson not included in any local cadre under the Presidential Order.b) The impugned Act and the Rules are not effective for making transfer in respect of localcadres i.e., either inter-cadre or from or to posts in the cadre to and from posts savedunder Para 14 of the Presidential Order and for which provision is to be made by theGovernment in various clauses of 5(2) or of the persons included in any local cadre underPresidential Order.

c) It is open for the Government to make any further or other provision as contemplatedby 5(2).

It is made clear that we have examined the question of transfer from the city police toanother local cadre on a permanent basis. We have not examined transfers of policeofficers bona fide in public interest in exigencies of services for short periods withouteffecting their continuance and position in their local cadre or effecting their seniority inthe local cadre to which they are so transferred or levelled by the Head of Departmentviz., DGP of Police. (emphasis supplied)


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Therefore, according to the Tribunal no transfer from the inter-cadre posts to theposts saved under Para 14 or vice versa is permissible unless a provision is made by theGovernment under Para 5(2) and the rules do not satisfy the requirement of a provision tothat effect.

Pursuant to the Judgement of the Tribunal, the Government issued G.O.Ms.No.349Home (Police.C) Department dated 15-12-1997 the relevant portion of which reads thus:

The Government of India and the Director General and Inspector General of Police AndhraPradesh Hyderabad were consulted in the matter.

The Director General and Inspector General of Police, Andhra Pradesh, Hyderabad hassuggested that the table in G.O.Ms.No.288, Home Department, dated 06-05-1986has tobe suitably changed and Para 14 of the Presidential Order amended suitably in order toeffect the transfers of police officers and men in public interest.

The Government after careful examination of the entire matter direct that the transfers ofPolice personnel from one local cadre to another local cadre be permitted only for a limited

period without conferring any right to seniority in the local cadre to which, the individual istransferred even though the said transfer is on administrative grounds. Such transferorders have to be issued by the Government duly indicating the reasons in each case inorder to justify that the transfer is in public interest.

Pursuant to the said G.O. the Director General and Inspector General of Police sentproposals to the Government to repatriate all the officers who are working in other zonesand the Government issued orders in G.O.Rt.No.2424 dated 25-11-1998 repatriating nineofficers to their respective parent zones. Consequential repatriation orders were alsoissued by the authorities concerned.

The validity of G.O.Ms.No.349 and G.O.Rt.No.2424 was the subject-matter of

challenge before the Tribunal.

FACTS:

We may now briefly refer to the factual aspects involved in the respective WritPetitions with reference to the various orders issued by the authorities.

Sarvasri Sardar Harihar Singh, Y.Vijay Kumar (petitioners in W.P.No.13572 of2001) Shaik Sharifuddin, and M.G.F. Santakumar (petitioner in W.P.No.13558 of 2001)filed O.A.No.7579 of 1998 questioning the aforesaid G.O.Ms.No.349 and consequentialorders dated 15-12-2000 issued pursuant thereto. The petitioner No.1 in W.P.No.13572of 2001 was appointed as Sub-Inspector of Police in 1974 in Zone VI and he waspromoted as Inspector of Police in 1998. By the proceedings of the Special Inspector

General of Police (Admn.) dated 24-05-1988 he was transferred from Hyderabad Rangeto Hyderabad City Police on administrative grounds and in public interest. The ordermentions that his seniority will be maintained in Hyderabad City Zone. The 2ndpetitioner was appointed as Sub-Inspector in 1976 in Zone IV and was promoted asInspector of Police in 1992. By the orders of the Spl. Inspector General of Police dated16-06-1994 he was transferred to Hyderabad City Police on temporary basis onadministrative grounds and in public interest subject to the result of O.A.No.22622 of1990 and batch. The order of the 2nd respondent mention that his seniority will bemaintained in Kurnool Zone. By G.O.Rt.No.2424 Home (Police.C) Department dated 25-


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11-1998 both the petitioners were repatriated back to their parent ranges. However, theywere continuing by virtue of the orders passed by this Court in W.P. No.32683 of 1998directing to maintain status quo pending disposal of O.A.No.7579 of 1998. The O.A. was,however, disposed of as covered by the Full bench Judgement of the Tribunal dated 20-10-1994. The petitioners challenged the same in W.P.No.5613 of 1999 wherein this Courtdirected to maintain status quo on 19-03-1999. The Writ Petition was finally disposed of

on 30-01-2001 remanding the matter to the Tribunal for fresh disposal and directed tomaintain status quo till the disposal of the O.A.

The petitioner in W.P.No.13558 of 2001 was appointed as Sub-Inspector of Police in

Zone IV in 1976 and promoted as Inspector of Police in 1982. By order dated

29-03-1995 of the Inspector General of Police (Admn.) he was transferred to Hyderabad

City on administrative grounds and in public interest and the order mention that his

seniority will be reckoned in Hyderabad city. By the order dated 25-11-1998 he was

repatriated back to his parent zone.

The petitioner in W.P.No.15101 of 2001 arising out of O.A.No.8534 of 1998 was

appointed as Sub-Inspector of Police on 21-04-1974 in Zone IV and later promoted as

Inspector of Police in 1982. He was transferred from Zone-IV to Zone II by proceedings

dated 02-04-1997. By the impugned orders he was repatriated back to his parent range.

The petitioner (K.Ashok Reddy) in W.P.No.13545 arising out O.A.No.8430 of 1998

was appointed as Sub-Inspector of police in Zone V in 1978 and promoted as Inspector of

Police on out of seniority in February, 1987 and on regular basis in June, 1991. By the

proceedings dated 12-02-1996 he was transferred to Hyderabad Range and at the

relevant time he was working as Inspector of Police, Saroornagar. He was one of the

persons repatriated through G.O.Rt.No.2424. He obtained orders of status quo in

O.A.No.8438 of 1998. When the Deputy Inspector General of Police issued the

consequential proceedings dated 04-01-2001 he filed O.A.No.58 of 2001 and the Tribunal

by orders dated 09-01-2001 granted interim suspension of the said orders. The said O.A.

was also tagged on O.A.No.8430 of 2001.

The petitioner in W.P.No.13458 of 2001 (G. Anantha Reddy) arising out of O.A.

No.2139 of 2001 was appointed as Sub-Inspector of Police in Zone VI on 01-02-1974 and

promoted as Inspector of Police on 18-07-1988. He is not aggrieved by the orders of the

Government in G.O.Ms.No.349 or G.O.Rt.No.2424. His grievance is that though by orders

dated 04-01-2001 he was posted as Inspector of Police, Saroornagar


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The petitioner in W.P.No.13458 of 2001 is not concerned with the transfer from one

zone to another. Expect the petitioner in W.P.No.15372 of 2001, the other petitioners

were transferred to Hyderabad City Police from other zones. The Petitioner in

W.P.No.15372 of 2001 was transferred from Zone IV to II and was repatriated back to

Zone IV pursuant to G.O.Ms.No.349.

SUBMISSIONS:

Mr. Nuty Rammohan Rao, learned counsel appearing for one of the petitioners

would submit that the learned Tribunal erred in not considering the legality and validity of

the policy decision of the State contained in G.O.Ms.No.349 and G.O.Rt.No.2424. He

would further submit that in terms of Para 3(6) of the Presidential Order no separate cadre

has been organised for the City of Hyderabad and, therefore, the State was competent to

make provision for effecting transfer from one local cadre to another local cadre in terms

of Para 5(2)(c) of the Presidential Order. The Tribunal in the Full Bench judgement upheld

the validity of the Rules issued in G.O.Ms.No.288 and once an employee is transferred

from one local cadre to another in public interest and on administrative grounds, they

cannot be repatriated back. Rule 3 of the Rules is in conformity with the provisions

contained in Para 5(1) of the Presidential Order.

Sri P.V. Krishnaiah, the learned counsel appearing for the petitioners would submitthat the petitioners were transferred to Hyderabad City Police on permanent basis and,

therefore, they cannot be repatriated back to their parent zones. The Full Benchjudgement of the Tribunal does not come in the way of the petitioners being transferred toHyderabad City Police and G.O.Ms.No.349 is contrary to the power vested on the State toeffect transfers under Para 5(2) of the Presidential Order and the rules issued inG.O.Ms.No.288 are in accordance with Para 5(2). Insofar as Sub-Inspectors andInspectors of Police are concerned, there is no separate zone for Hyderabad City and it isincluded in Zone VI only and as such inter-cadre transfers is permissible. It was furthersubmitted that all the posts in the Police Department are covered by the A.P. PoliceSubordinate Service Rules issued in exercise of the power under Article 309 of theConstitution and no separate recruitment is being made under the provisions of theHyderabad City Police Act. The Full Bench was not correct in holding that Hyderabad Cityis a separate Unit. Nobody was appointed under the Hyderabad City Police Act. Learned

counsel would further submit that G.O.Ms.No.349 would operate only prospectively but notretrospectively.

The learned Additional Advocate-General would contend that Government under Para

5(2) is empowered to make transfers in certain specified circumstances mentioned in

Clauses (a) to (d). In the Full Bench Judgement, the Tribunal read down the Rules issued

in G.O.Ms.No.288 to the extent the posts of Police Officers under Para 14(f) are


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exempted. He would further urge that G.O.Ms.No.349 has been issued only by way of

clarification to G.O.Ms.No.288 dated 06-05-1986.

FINDINGS:

Section 3 of the Act 1985 begins with a non-obstante provision and renders liable a

member of the Police Force to serve in any part of the State of Andhra Pradesh. Sec.2(b)of this Act defines a Police Force to mean the Police Force constituted under theHyderabad City Police Act 1348 Fasli; the Andhra Pradesh (Andhra Area) District Police Act1859 and Andhra Pradesh (Telangana Area) District Police Act 1329 Fasli or any other lawrelating to the Police Force.

On a linguistic construction of the expressed terms of the Act 1985, there are noapparent limits to the transferability of a member of the Police Force within the territory ofthe State of Andhra Pradesh.

Having regard to the provisions of Presidential Order 1975 made under Art. 371D

of the Constitution, local cadres have been constituted and Para 5 (1) of the Presidential

Order which mandates that each part of the State, for which a local cadre has been

organised in respect of any category of posts, shall be a separate unit for the purpose,

inter alia, of transfer. Having regard to the provisions of Art. 371D(10) the Presidential

Order prevails over any provision of the Constitution or any other law for the time being in

force. In this constitutional position, while the provisions of the Act 1985 are plenary

within that sphere would nevertheless require to be construed in harmony with the

provisions of the Presidential Order. The liability of a member of the police force to be

transferred to any part of the State and the concomitant power of the State Government

to so effect a transfer is thus subject to the limitations enjoined in the Presidential Order.

The doctrine of reading down of a statute is a well recognised principle of statutory

construction. This doctrine is used either for saving a statute from being struck down on

account of unconstitutionality, resulting either from the incompetence of a Legislature to

enact a statute or from its violation of any of the provisions of the Constitution. Thus

wherever the provisions of the statute are vague, ambiguous or couched in broad

phraseology and two interpretations are possible on its terms one which renders the

provisions constitutional and the other unconstitutional, a limiting construction can be

employed to structure the provisions of the statute, so as to bring them in conformity withthe constitution and thus rendering them intra vires vide

In Re the Hindu Womens Rights to Property Act, 1937 and the Hindu Womens

Rights to Property (Amendment) Act, 1938 (AIR 1941 FC 72); Nalinakhya Bysack vsShyam Sunder Hakdar (AIR 1953 SC 148); R M D Chamarbaugwalla vs Union of India(AIR 1957 SC 628); Kedar Nath Singh vs State of Bihar (AIR 1962 SC 955); R.L. Aroravs State of Uttar Pradesh (AIR 1964 SC 1230); Jagadish Pandey vs the Chancellor,


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University of Bihar, (AIR 1968 SC353); Umed vs Raj Singh (AIR 1975 SC 43); Sunil Batravs Delhi Administration (AIR 1978 SC1675) ; Excel Works vs Union of India (AIR 1979 SC25) and Minerva Mills Ltd., vs Union of India (AIR 1980 SC 1789).

In VIJAYALAKSHAMMA v B.T. SHANKAR1 the Apex Court has pointed out that theCourts may not add or alter provisions of statute by reading into them what was never

intended by the legislature or may have been deliberately avoided by it. (Also See GM SCRAILWAY, SECBAD v SRI RAMA ENGINEERING CONSTRUCTIONS, 2001 (6) ALD 191).

The alleged uncanalised grant of power to transfer a member of the Police Force toany part of the State of Andhra Pradesh, under the Act, 1985, must thus on principle andauthority, be read as empowering transfer only in conformity with the provisions of thePresidential Order in particular Para 5 thereof.

An analysis of the provisions of the Presidential Order 1975, discloses that an

elaborate framework for organisation of local cadres for parts of the State has been made

both for the purposes of fitment of the existing employees as well as those to be recruited

in future, as also for transfer, seniority and promotional avenues, which are eitherlocalised or State-wide, as the case may be. This is apparent from Paras 3 and 6 of the

Presidential Order. Para 4 of the Presidential Order lays down the principles that should

govern the allotment of persons to local cadres which are specified in Para 4(2) (a) to (e).

Para 4(4) and 4(5) enable consideration of grievances with regard to allotment and

rectification of the same, wherever found necessary and warranted. Para 4(6) enacts

finality to any order of the State Government made on any representation setting out

grievances with regard to allotment, subject, however, to adjudication of such dispute by

the Administrative Tribunal constituted for the State of Andhra Pradesh under Art. 371D

(3) of the Constitution.

Para 14 of the Presidential Order saves posts in specified departments,

establishments or institutions from the provisions of the Presidential Order, which includes

any post of Police Officer as defined in Cl.(b) of Sec. 3 of the Hyderabad City Police Act

1348 Fasli. The posts in institutions, departments or establishments set out in Para 14 of

the Presidential Order are thus outside the ambit of the provisions of the Presidential

Order. Para 11 enacts an over riding effect to the provisions of the Presidential Order over

any statute, ordinance, rule, regulation or other order made before or after thecommencement of the Presidential Order.

Para 5 specifies that each part of the State for which a local cadre has beenorganised in respect of any category of posts shall be a separate unit for the purpose ofrecruitment, appointment, discharge, seniority, promotion and transfer and

ONE MAN COMMISSION-SIX POINT FORMULA-ANDHRA PRADESH-HEADED BY Mr. J.M. GIRGLANI, IAS (Retd.) Vol II

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