GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
PUBLIC SERVICES - Creation of supernumerary posts to implement stay orders of High Court against reversion to temporary employees to lower posts for want of vacancies - Instructions - Issued.
GENERAL ADMINISTRATION (SERVICES-A) DEPARTMENT
G.O.Ms.No. 157. Dated the 13th March, 1969.
ORDER:
For vacancies in a category for which sufficient number of persons approved for appointment to that category on a regular basis, may not be available, un-approved candidates are being appointed on a temporary basis. Under General Rule 10 (a) (iii), a person appointed under clause (a) (i) of the said rule shall whether or1 not he possesses the qualifications prescribed for the service, class or category to which he is appointed, be replaced as soon as possible by a member of the service or an approved candidate. qualified to hold the post under the rules. Under General Rule 7, a vacancy in any service class or category shall not be filled by a person who has not commenced his probation when an approved probationer or probationer there is available for such appointment. It follows therefore, that so long as a probationer or an approved probationer is available for appointment, no temporary person may hold the post to the exclusion of the former. There have often, however, arisen cases where temporary appointees likely to be reverted in such circumstances seek recourse to Writ Petitions in the High Court and obtain stay orders against their reversion. The continuance of such temporary employees in pursuance of the stay orders of the High Court sometimes necessitates the reversion of probationers and approved probationers, militating against General Rule 7, unless supernumerary posts are created providing for the continuance of the temporary personnel covered by stay order.
2. 'The Services Sub-Committee of the Secretaries to Government considered the matter in its meeting held on 23rd November, 1968 and recommended that where, by reason of the stay orders issued by the High Court in Writ Petitions filed by employees working under the emergency provisions of rules, it becomes necessary, for want of vacancies, to revert probationers and approved probationers, who otherwise would have continued, they should be continued and proposals for the creation of the requisite number of supernumerary posts to enable their continuance pending vacation of the stay orders, should be sent to Government.
3. The Government, after careful consideration of the recommendation, accept the recommendations of the Services Sub- Committee of the Secretaries to Government and direct that all Heads of Department, Collectors and District Judges should take action accordingly and send proposals to Government in the concerned administrative departments immediately after they come to know of the stay orders issued by the Courts, so that necessary orders may issue from the Government creating the required number of supernumerary posts.
4. This order issues with the concurrence of Finance Department-vide their U.O. No. 80516/4/HPL/69-l. dated 23rd January 1969.
(By Order and in the Name of the Governor or Andhra Pradesh)
M.T. RAJU,
Chief Secretary to Government.
