Annexure to Memo No.DWA/HYD/Sn-I/EC-1/2012-13/218 S.No.

dt:-04- 06-2012 Replies / Remark

The representations vide references 1st to 6th are examined in light of the established rule position. However, based on the directions of the Honble APAT, Hyderabad dt:-31-08-2010 in O.A No.6224/2006 filed by Smt B.Padmaja,DAO(W) Grade-I, the APPSC, Hyderabad have issued batch wise merit list of 1993 and 1994 batches separately. Meanwhile, Sri Md.Arif, DAO(W) and others have filed W.P. No.1166/2010 in the Honble High Court of AP. The Honble court while admitting the W.P have issued interim directions dt:- 28-01-2011 " As status quo. The present plea of the DAO(W) for revision of seniority cannot be complied in view of the interim directions of the Honble High Court of AP dt:-28-01-2011 in W.P No:1166/2010. However this is subject to outcome of W.P. 2.With regard to Smt H.Sailaja Rani, she was appointed as DAO(W) Grade-II through APPSC, Hyderabad during 1991 and joined on 21-03-1991 vide G.O.Ms No.73 F&P Dept dt:-07-03-1991.The DAO(W) who have filed objections referred to above were recruited during 1993.She proceeded on leave from 24-04-1991 to 28-11-1995 on medical and personal grounds. She rejoined on 29-111995 and continuing the service. Government vide G.O. Rt No.22 F&P Dept dt:-18-01-1997 have treated the leave period from 24-04-1991 to 23-09-1991 as EOL on medical grounds and from 24-04-1991 to 28-11-1995 as DIES NON under FR 18 for all purposes viz., increments, leave and pension. In the instant case the proceeding on EOL on any periods subsequently treated as DIES NON will not have any effect on the seniority .This case will not attract Rule 16(h) of APS&SS Rules. Hence the objections raised as stated above is not correct.

Objection Filed by Sarva/Sri

B.Padmaja

Objection 1. The Obejctions of the individuals are for bifurcating the batches of 1993 and 1994 Direct Recruit DAO(W) Gr-II separetly. 2.Placement of Smt H.Sailaja Rani, DAO(W) Gr-II of 1991 batch is to be decided

1.

Y.Nagaraju

P.Padmavathy

K.Mohan

D.Bhagyalatha

Md.Arif

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

M.M.A.Ansari P.Kanakamohan D.Shankaraiah T.Chakrapani P.Srinivasa Murthy R.S.Venkataramana M.A.Muqueet M.Venkatanarayana V.Lourdu Reddy T.Narasimhulu B.Rama Subba Reddy Ch.Hanumandlu T.Mallikarjuna V.Rajaiah T.Nookaraju S.K.Jaffar Hussain

The objections of the individuals are for reckoning their seniority from the date of passing the Division Test both for promotees as well as Direct Recruits

In respect of the representations referred vide reference 7th to 36, it is to be stated that mere passing of the Divisional Test earlier than the direct recruits the departmental candidates will not get any right to be appointed as DAO(W) Gr-II, as departmental candidate cannot claim promotion against quota of Direct Recruit vacancies.Further, Government have issued clear instructions vide Circular Memo No.16/Ser.A/93-99 of G.A(Ser.A) Dept dt:-21-04-1999, that promotees cannot take the place of a direct recruit in the slot earmarked for direct recruitment. As per Rule 36(i) of APS&SS Rules read with rule 33(b) in respect of the candidates selected by the APPSC by direct recruitment, the seniority shall be with reference to the ranking assigned by the APPSC irrespective of date of commencement of probation in that category. The Honble Courts in their directions in O.A.No.5485/2005 dt:-10-09-2007 of the Honble APAT, Hyderabad and in W.P. No.20662/2007 dt:-30-04-2010 of the Honble High Court of AP have also reiterated the above stand. Further, SLP No. 26960 of 2010 and SLP.No. 828 of 2012 were filed before the Hon'ble Supreme Court of India over the said Judgements dated 3004-2010 in WP.No.20662 of 2007. The matter pending before the APEX Court. Hence, the matter is subjudice. As per the directions of the Honble APAT, Hyderabad dt:-22-01-2010 in O.A No.1341/2005 and as per the judgment of the Honble High Court of AP dt:30-04-2010 in W.P. No.3253/2007 year wise panels were prepared from 1980-81 onwards duly maintaining the quota both for direct recruitment and for promotees.Further, as per the Special Rules governing the post of DAO(W) only substantive vacancies arose during the year are to be taken into account for the purpose of annual panels and also for direct rectuirment. This has been followed strictly for each panel year. As per the above directions of the Honble courts the promotees who are appointed in excess of the quota were pushed down to their respective slots of the concerned panel year.Therefore, the request of the persons is not tenable and cannot be accepted.

23 24 25 26 27 28 29 30 31 32 33 34 35 36

A.Venkata Ramana C.Ravichandra Reddy S.Mallikarjuna S.Abdul Munaf A.V.Koteswara Rao D.Kesava Rao T.Upendra Rao V.Krishna Murthy M.Rama Subbaiah Y.Somaiah M.George N.Vivekananda M.Venkateswarulu P.Mallaiah

37

V.S.Chandra Sekhar

38

P.Surendra Babu

1) Annual Panels were drawn basing on the vacancies arose duly earmarking the quota of DRs 1) The objection of the and Promotees as per the special Rules. individual is preparation of 2) The carry forward SC/ST vacancies were filled with SC/ST qualified candidates by Seniority list year wise based promotion as per amended Rule 22(APS&SS) Rules. on the Cadre strength and shall be observed 50% Quota of the Cadre strength among D.Rs and Promotees at any point of time. 2) Certain members of SCs/STs who joined after his date of joining are placed above his name in Senirotiy list. Those who did not qualify till This has been elaborately dealt with against the objection filed by Sri M.N.A.Ansari & Others date in the qualifying test shall at Sl.No.7 to 36 above . Hence, no further comments. be discharged without any deviation to Special Rules and other Orders. Thus, the not passed candidates shall not have any place in the Seniority list, as so many years have since elapsed after their recruitment.

39

K.Dilli Babu

1) The persons mentioned at 1) In pursuance of the orders dated 22-01-2010 in O.A.No.1341 of 2005 and in pursuance of Rule 24(c) of APS&SS Rules, the earlier Panels had to be reviewed. During the course of Sl.No.42, 191, 192, 292 to review and revision, persons referred to above had to be given notional date of 298, 309, 310, 342, 343, 344, Seniority/Promotion. 347, 366, 369, 370, 371 and 2) This has been elaborately dealt with against the objection filed by Sri M.N.A.Ansari & 376 were assigned Seniority Others at Sl.No.7 to 36 above . Hence, no further comments. prior to their date of promotion/date of joining 2) In the Provisional Seniority list, the names of unqualified DRs were included viz., Sl.No.167, 171, 172, 176, 177, 242, 250, 251, 269, 277, 278, 280, 326, 329 and 331 and since they did not pass the Departmental Tests their names are to be removed.

40

Ch.Subramanyam

The objection of the individual is Certain Direct Recruit DAO(W) Gr-II have filed W.P. No.3253/2007 in the Hon'ble High to fix the notional seniority after Court of AP challenging the directions of the Hon'ble APAT dt:-__________ in O.A Sri Y.Moshey,DAO(W) Gr-II from no.5469/2004 and also this office Memo No.DWA/Hyd/Sn-I/A1/2006-07/404 dt:-12-01-2007. The Hon'ble High Court while allowing the O.A in favour of Direct Recruit DAO(W) Gr-II the date of passing the test
have also issued directions setting aside the orders in O.A No.5469/2004.In view of the above the request of the individual to place him below Sri Y.Moshey,DAO(W) Gr-II cannot be considered. This point is already answered in respect of S.No.7 to 36 above and the same will apply to these persons also

41 42 43 44 45 46 47 48 49 50 51

P.Krishna Mohan Reddy G.Venkateswara Rao G.Narayana V.Sangi Reddy G.V.Ramanaiah M.P.Bade Saheb G.Ramadas M.Subba Narsa Reddy D.Sanjeeva Rao P.V.Narasimha Rao L.Lakshmi Narasaiah

The objections of the individuals are for reckoning their seniority from the date of passing the Division Test both for promotees as well as Direct Recruits

52 53 54 55 56

B.D.Kumar Babu K.Ramesh Babu B.Chandra Kumar P.Babu Rao B.Rama Krishna

The request of these DAO(W) is to place them in the seniority against SC/ST carry forward vacancies of 2007-08 panel

It may be stated that these persons did not acquire eligibility, as defined in Rule 6(b) of APS&SS rules. Therefore the request to include their names in the panel year 2007-08 against carry forward vacancies cannot be considered.They acquired eligibility for inclusion of their names during the panel year 2010-11. This has been done.

He represented for promotion as DAO under PH quota The main objections of the individuals are for reckoning their seniority from the date of passing the Division Test both for promotees as well as Direct Recruits

57 58 59 60 61 62 63 64 65 66

K.V.Rama Gopal N.Bhasker Rao D.Obulaiah A.Raja Sekhara Reddy L.Nagi Reddy T.Raja Srinivasa Reddy V.Subbaramaiah L.S.V.B.Narayana D.Sreenivasulu K.Venkataramana

Reservation in promotions for disabled persons is from the panel year 2011-12 onwards in terms of G.OMS No.42 dt:19-10-2011 of Dept for WCD&Sr.Ctz(DW). The panel for the year 2011-12 is yet to be approved. This point is already answered in respect of S.No.7 to 36 above and the same will apply to these persons also

67 68 69 70 71 72 73 74 75

D.Eswara Prasad S.Jayaramachandra Murthy K.Phanishyam B.Mallikarjan K.Prasada Rao Ch.Muralidhara Raju C.D.Swamy Sekhar K.Srinivasa Rao Smt K.Chengalamma

The objection of the individual is for Smt K.Chengalamma, represented vide reference 75, that she is senior to Sri P.Sudhakar and revision of batch wise seniority and to requested to revise the seniority over Sri P.Sudhakar.As per the available records, at the place her above Sri P.Sudhakar relevant time of according notional seniority, Sri P.Sudhakar was Superintendent where as Smt K.Chengalamma was only Senior Assistant. ( already fixed vide G.O.Rt No.71 F&P Dept dt:21-01-2000. It is informed that as per the directions of the Honble APAT, Hyderabad dt:-2503-1998 in OA Nos 43327 to 43337 of 1990, 4155/93,4439/93, 4116/93 and 46619 to 46623 of 1990, batch wise seniority was prepared during 2000. After a gap of 12 years she is now requesting for revision of seniority which was already fixed.) The request of Smt K.Chengalamma, cannot be considered now at this point of time in terms of Para 14(e) of Circular Memo No.16/Ser.A/93-39 of G.A(Ser.A) Department dt:-21-04-1999. Further, as per Government Circular Memo No.57759/ser-A/2004-1 of G.A(Ser.A) dept dt:-20-05-2004, no request for revision of seniority for a period, which is more than 3 years old be considered.

76

M.Madhusudhna Rao

1) The stand adopted by the administration is that there is no rota and quota in the State is gross violation of the official stand of the Government and as such the date of promotion was adopted as the basis for Seniority and later the date of passing the Departmental Test was also takne as the basis for fixing the Seniority. 2) Year wise cadre strength has to be decided and number of existing incumbents and vacancies has to be arrived at 3) Year wise panels must be prepared duly earmarking the respective quotas of DR and promotees

1) As per the special Rules, Governing the post of DAO(W), 50% of the substantive vacancies (not the posts) are to be filled by Direct Recruitment. The remaining shall be filled by other methods by promotion and by transfer. The seniority of the DAO(W) shall be regulated in terms of Rule 33 read with Rule 36 of the General Rules.

2) & 3) Substantive vacancies arose in a panel year are to be filled as per the Rules. The Panel shall be in terms of Rule 6 of General Rules. No. of substantive vacancies arose during each panel year shall be the strength of that year. Total Cadre Strength is not relevant to the system of panels. While preparing the annual panels, the above procedures prescribed in Rule 6 of the said Rules was followed.

4) Separate lists must be prepared for 4) There is no such provision in Rule 6 of the General Rules. The combined annual Seniority list consisting of DRs and rank Promotees is to be prepared and published by the appointing both the streams in their respective quota and carried forward vacancies authority in terms of G.O.Ms.No.291, GAD, dated 10-05-1984. in each stream must be exhibited. 5) If there are any candidates recruited in excess of their quota the 5) There is no such Rule or Instructions issued by the Government on such of the candidates list of such candidates must be shown appointed/promoted temporarily against DR vacancies shall not have probationary rights as separately duly showing the dates of mentioned in Government Cir.Memo.No.16/SER-A/93-99, GAD, dated 21-04-1999. their absorption into the seniority list or their retirement in fortuituous vacancies.

6) The provisional list fails to ascertain the cadre strength and tries to take shelter under the plea that records are not available.

6) Seniority list shows the names of the persons in the Cadre in terms of Rule 33 read with 36 of the general Rules and it has no relevant to the cadre strength.

7) The list exhibits the so called year 7) The averments is not correct. According to the Rule 6 of the general Rules, yearwise panels wise panels. As seen from the panels are to be prepared with reference to the vacancies. it is obvious that the DWA has shown the estimated vacancies year wise by a simple arithmetic of showing double the number of departmental promotees. He never bothered about the rule that the unfilled vacancies of a particular panel year have to be carried forward. Brought more than 20 number of departmental candidates above me in additional to the promotees already placed above me illegally. 8) The dates assigned to various 8) According to the Rule 33 (c) of the general Rules, notional promotion is permissible. departmental promotees earlier than However, the pay of such of the candidates shall be regulated in terms of FR 26 (aa). their actual date of joining is highly irregular and gross violation of the judgements of the Hon'ble APAT and High Court.
9) The list of candidates who are working without a regular vacancy in their quota and holding fortutious appointments must be prepared and annexed to the list. 9) There are no such orders from the Government to this extent. It is for the department to maintain such lists for its appropriate use.

77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98

N.Shyam Babu K.V.Krishna Rao T.Nageswara Rao K.Trivikram K.Vedagiri M.Venkatesh Babu V.Srinivas P.V.Narasimha Rao D.Srinivasa Reddy S.Sreenadha Rao Smt C.Neeraja P.Premananda Rao S.Ramachandram Md.Imtiaz I.Sundaraiah I.Vishnudattaraya R.V.Rama Gopal D.Mallikarjuna E.Srinath M.Venkataramana Smt G.Katyayani V.Venkataramana

The Obejctions of the individuals are for maintaining the quota both for direct recruits and promotees duly preparing the year wise panels etc..

The representations received vide reference 77 to 98 have been examined. As per the directions of the Honble APAT, Hyderabad dt:-22-01-2010 in O.A No.1341/2005 and as per the judgment of the Honble High Court of AP dt:30-04-2010 in W.P. No.3253/2007 year wise panels were prepared from 1980-81 onwards based on the records available duly maintaining the quota both for direct recruits and promotees keeping in view of the adhoc rules issued in G.O.Ms No.607, GAD dt:-06-12-1992. As per the above directions of the Honble courts the direct recruits were shown in the seniority list of each year in which they reported for duty as per rules.As per the directions of the Hon'ble Courts the relevant rules i.e Rule 36(i) read with proviso to Rule 33(b) of APS&SS Rules were followed in respect of direct recruits.Further, panels are to be prepared to accord promotion to the category of DAO(W) from the feader category as per rules.The names of Direct Recruit DAO(W) shall not figure in the panels.Hence the representations of Direct Recruits to show their names in the respective panels is not as per rules.

99

Y.Bhaskaramma

The objection of the individual is to alter her date of birth as 31-10-1959 instead 31-10-1957

Smt Y.Bhaskaramma represented vide reference 99, that her date of birth was shown as 31-101957 instead of 31-10-1959 and requested to correct her date of birth.The request of the individual is not relevant to the issue of publication of seniority list of DAO(W)

Sd/-(M.SAMBA MOORTHY) Director of Works Accounts A.P. Hyderabad