Promotions and departmental tests
RAJU
(Querist) 14 July 2012
This query is : Resolved
Sir,Good evening,
My query regarding;- Qualifying/eligibility for Panel & Promotion on Passing departmental Test
Brief facts are,
1)I have joined in AP Forest service in 01-04-1993 and Passed two departmental tests in 1995-96 which are required for further release of increments and for clearance of probation period.
2)I had been Dismissed from service in May/2007for being convicted by Lower court in ACB case and subsequently the Govt reinstated me in to service after acquittal by High Court,on 04-08-2011 with dropping of all further action while, superseding the earlier dismissal Govt order and further Govt of AP decided not to go further appeal./SLP against me.
2) After I have taken over charge on 04-08-2011 of Duty, DPC(Departmental Promotion Committee) has given promotions on 29-08-2011 for Pannel year of 2010-11 to my immediate seniors and also to my juniors who are below in seniority list. where as my name was not included by the time of DPC.
3) I have written remaining two Departmental Test in Dec/2011(the immediate exam after my reinstatement) and results were given in 01/2012, and I have passed the tests.
4) I appealed to my HOD Forests, for inclusion my name in seniority list and for retrospective promotion, in the month of Feb/2012, as I am eligible for promotion as per AP Subordinate service rules 1996.and AP State Forests Service rules, by constituting e review DPC. Later on
5) my probation was declared in june/2012 with retrospective date of 01-10-1997(though declaration of probation was deemed to be done after completion of prescribed service of 4 years as per service rules) .
Here I would like to bring your notice the rule Positions for Promotions
AP Sub ordinate service rules 1996-
6. METHOD OF PREPARATION OF PANELS:- (a) The panel of approved candidates referred to in sub-rule (a) of rule – 5 shall be prepared by the appointing authority or any other authority empowered in this behalf, in consultation with, the Departmental Promotion Committee in respect of posts outside the purview of the Andhra Pradesh Public Service Commission and Screening Committee in respect of the posts within the purview of the Andhra Pradesh Public Service Commission to recommend the names to the Commission. The appointing authority shall make appointments of candidates from such panel/list, in the order in which the candidates in such panel are arranged in their order of preference.
(b) The panel of candidates for appointment by transfer to a service or a class of service in any case, where the Commission is not consulted on the suitability of candidate for such appointment under sub-clause (b) of Clause (3) of Article 320 of the Constitution of India or for promotion, shall be prepared ordinarily during the month of September every year on the basis of estimate of vacancies sent in terms of sub-rule (d). First September of the year shall be reckoned as the qualifying date to determine the eligibility of a candidate for such appointment, which shall cease to be inforce on the afternoon of the 31st December of the succeeding year or till the next panel is prepared whichever is earlier and for the purpose of preparing the said panel, the zone of consideration shall be in the ratio of 1:3. The period from 1st September of the year to the 31st August of the succeeding year shall be reckoned for purpose of determining the number of vacancies during the panel:
Provided that for promotion in respect of Scheduled Caste and Scheduled Tribe candidates only, the zone of consideration in the ratio of 1:3, shall not be applicable in respect of posts whose total cadre strength is more than five.
(Amended in G.O. Ms. No. 123, G.A. (Ser-D) Dept., dt: 19.4.2003)
Provided further that if the number of candidates to be included in the panel falls short of the number of vacancies estimated such shortfall shall be made good by considering the claims of the other qualified and eligible candidates, if any, in the seniority list place immediately below.
Provided also that the panel of candidates so prepared shall be reviewed after a period of six months reckoned from the date of approval of the panel, for the purpose of considering the cases of such other persons whose names were not included in the panel prepared earlier for not passing the prescribed tests or for not having special qualifications prescribed under the rules, if they have subsequently passed those tests or acquired the said qualifications and are otherwise found suitable for inclusion in the panel of the year. No such review of list of approved candidates shall, however, be undertaken where no tests or special qualifications are prescribed under the rules as condition precedent for promotion or appointment by transfer:
Here I further note that for the term “if they have subsequently passed those tests” the Govt has given a clarification vide a Govt Memo no 29114/Ser D/99-3 GA in 25-06-1999 as
“ the employees who appeared for the tests before 1St Septmber of the Year, which is qualifying date for the panel year and whose results were published subsequent to the qualifying date shall be considered as eligible by DPC,if DPC had already taken place, such cases must be placed before review DPC for review “ But,
Later as per AP Adminstrative Tribunal observations in a Judgment in ordered dt 28-02-2005 in OA No 3957/04 of a similar case has observed as …“the statutory rule 6(b) … this proviso has been incorporated in the rule only to provide a chance to those persons who are not included in the panel taking 1st Sep as Cut-off date, because of their not passing requisite test…and it is only for those who passed later, such provision is meant..Tehrefore the memo issued by the GAD, is not by way of supplementing or clarifying the provisio to the Rule6(b),but rather it has also altogether a different concept, which has been devised …These executive instructions issued in the above memo dt 29-11-1999 cannot alter the basic statutory rule, thus it is not in consonance of the statutory Provision,”
The Govt after examining the entire issue, have cancelled the said Memo issued on 25-06-199 by issuing the another memo from GAD 20606/Ser D/2007 on dt 25-10-2007.
But my HOD written to Govt, while observing as “if we give promotion in this case, such cases may arise in plenty in future hence clarify further..”
Sir, as per the above Details provided please give an opinion, whether as per Rules, am I eligible for the promotion in the said panel or not, if Govt says no! what remedy for me?
Thank you,
Vallala
Guest
(Expert) 15 July 2012
Better get the related documents examined in detail by hiring services of some expert on service matters to enable him arrive at the correct interpretation of rules and to advise you appropriately on the issue.
