06 July, 2014

G.O.Ms.No.105, Dt. 2.6.11 :: Former employs of Local bodies who are appointed through APPSC/DSC on or after 10-12-04 are eligible for pay Protection under FR22(a)

G.O. Ms. No.105, Dt.02-06-2011 :: Employees of local bodies who were  appointed through
A.P.P.S.C./D.S.C.,  in Govt. Service are eligible for pay protection

1. Representation of A.P. Secretariat Association, Hyderabad Dt. 8-10-2010 and 15-4-2011.
2. G.O.Ms.No.472, G.A. Dept. dated 23-7-1968
3. G.O.Ms.No.653, G.A. dept. dt. 29-10-1968
4. G.O.Ms.No.168, Panchayat Raj (Estt.III) Dept,dt.20-3-1981.
5. G.O. Ms. No. 213, Finance (FR.II) dept., dt. 13-7-1983
6. G.O. Ms.No.297, Finance Dept. dt. 14-10-1996

O R D E R:
In the reference 1st read above, the A.P. Secretariat Association, Hyderabad has
stated that certain employees have appeared for competitive examinations conducted by
APPSC and got selection for different posts i.e., ASOs. in Secretariat, as Senior
Accountants or equal cadres in the Directorates etc., in the Government service.  Before
entering into Government Service they had rendered  long service in  post falling  under jurisdiction of local bodies .  It has been represented that they  were drawing much higher pay than the minimum of the time Scale of Pay in the present posts  for which they are freshly recruited under Government service.  After joining in the present Government posts they have not been allowed  service benefits like pay protection, carry forward of leave and counting of past service for pension for the reason that they are not covered
under FR 22(a)(iv).  It has been represented that this refusal is causing  much heart burning and hardship to  employees who had worked earlier under local bodies and been recruited  to the posts in the Government.  It was further stated that all service conditions of the employees of local bodies and employees in Government are similar in nature and the services of the local bodies were.provincialised in G.O.Ms.No. 168, P.R. (Estt.III)
Dept., dt. 20-3-1981. As the salaries of the employees of local bodies are being  drawn
under the Head “010. Salaries’ from out of the consolidated fund of the State, the Association requested  to allow pay protection for all the employees recruited through APPSC irrespective of the post from which they came.

2. According to the orders issued in G.O. 2nd read above Govt. employees have been declared ineligible for direct recruitment.  The said rule has been  amended in G.O.3rd read above and Government permitted govt. employees to apply for direct
recruitment and further  Govt. employees have been permitted to retain all other benefits accrued to them in the previous posts except the lien.  In G.O. 5th read above, orders have been issued for protection of pay stipulating that the pay in the new post should not be less than the pay drawn by the Government servant in their earlier post.   In Memo. No. 24555/788/FR.II/84-1, dt. 5-10-1984 a clarification was issued to this G.O. stating that the pay may be fixed at the minimum of the scale of the new post, and if this pay happens to be less than the pay drawn from the previous post, then the shortfall in pay should be protected as personal pay to be absorbed in future increases.  The sole ground on which these instructions were issued was that junior shall not draw higher pay than his seniors by virtue of his holding a post before selection by APPSC.

3. Consequently and in view of the judgement of Supreme Court orders were issued in G.O.6th read above  providing for pay protection, which was confined to the government servants only. According to the said orders, “this benefit shall be confined to the Govt. employees only.  The employees working in central Govt. Universities, aided Institutions etc., who are appointed to the Govt. service on selection by the A.P.P.S.C.. or Dist. Selection committee are not eligible for the benefit provided under sub-clause (iv).

4. According to Rule 39 © of A.P. State and Subordinate service rules, a person in the service of the government, who applies for direct recruitment and accepts the new post will retain all benefits accrued to him in the previous post except  the lien which he has held over will come to an end.
5. In the wake of orders mentioned above, the request of the A.P. Secretariat Association has been examined and the Government is of the view that as the word “provincialisation of services” is no where defined in the Acts or the Rules and as at 
present the salaries are being paid through Treasuries from 10-12-2004 under the Head of
Account “010. Salaries” the benefit of this protection can be agreed to the employees
who are appointed after . 10-12-2004.  

6. In the circumstances stated above, Government hereby order that  the  former employees of local bodies who are appointed  later  through A.P.P.S.C.  and D.S.C., in Govt. Service  on or after 10-12-2004, and who are continuing in government service as on today be given pay protection under F.R 22(a) (iv) with monetary benefit  from the date of issue of these orders.

Download G.O.Ms.No.105, Dt. 2.6.11

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