THE ANDHRA PRADESH STATE AND SUBORDINATE SERVICE RULES, 1996

[1][THE ANDHRA PRADESH STATE AND SUBORDINATE SERVICE RULES, 1996]

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers hereunto enabling and in supersession of the Andhra Pradesh State and Subordinate Service Rules, 1962 (Parts I and II) issued in G.O. Ms. No. 418, General Administration (Rules) Department, dated 7-3-1962 as amended from time to time, and of all the ad hoc rules to the extent they have been incorporated in these rules, the Governor of Andhra Pradesh hereby makes the following rules in respect of the members of the State and Subordinate Services of the Govt. of Andhra Pradesh.

Rule - 1. Short Title, Scope and Relation to Special Rules.

(a)      These Rules may be called the Andhra Pradesh State and Subordinate Service Rules, 1996.

(b)      The Gazetted and Non-gazetted posts under the State Government shall be constituted into various State and Subordinate Services and they shall be governed by the Andhra Pradesh State and Subordinate Service Rules (General Rules) and the Special Rules as well as ad hoc rules issued by the Government.

(c)      these rules shall apply to the State and Subordinate Services and to the holders of posts, whether temporary or permanent included in any State or Subordinate Service except to the extent otherwise expressly provided: -

(i)       by or under any law for the time being in force;

(ii)      in respect of holders of any post, appointed by contract or agreement subsisting between such holders and the State Government.

(d)      Relation to Special Rules: If any provisions in these rules are repugnant to the provisions in the Special. Rules applicable to any particular service in regard to any specific matter, the latter shall, in respect of such service and such specific matter, prevail over the provisions in these rules.

Rule - 2. Definitions.

In these rules, unless there is anything repugnant in the subject or context:

(1)     Ad-hoc Rules: 'Ad hoc rules ' means rules issued to govern:

(i)       a temporary post in a Service, Class or Category which is not covered by any Special Rules; or

(ii)      all or sorr of the services in regard to issues of common applicability of all such services.

(2)     Appointed to a Service: A person is said to be 'appointed to a service' when in accordance with these rules except under Rule 10 and in accordance with the Special Rules or ad hoc rules applicable to such service he discharges for the first time, the duties of a post borne on the cadre of such service or commences the probation, instruction or training prescribed for members thereof.

Explanation: The appointment of a person holding a post borne on the cadre of one service to hold additional charge of a post borne on the cadre of another service or same service or to discharge the current duties thereof does not amount to appointment to the latter service or post in the same service, as the case may be.

(3)     Approved candidate : "Approved Candidate" means a candidate whose name appears in an authoritative list of candidates approved for appointment to any service, class or category.

(4)     Approved probationer : "Approved Probationer" in a service, class or category means a member of that service, class or category who has satisfactorily completed his probation in such service, class or category.

(5)     Appointment of Recruitment by transfer : A candidate is said to be appointed or recruited by transfer to a service:

(a)      If, at the time of his first appointment thereto he is an approved probationer in the Andhra Pradesh High Court Service or A.P. Legislature Service or in any other service, the rules for which prescribed a period of probation for members thereof: or

(b)      in case at the time of his first appointment thereto he is the holder of a post which has been included in another service but for which no probation has been prescribed, if he has put in that post, satisfactory service for a total period of two years on duty within a continuous period of three years.

(6)     Armed Forces of the Union: "Armed Forces of the Union" means the Army, Naval or Air Force of the Union.

(7)     Backward Classes: "Backward Classes" mean the communities mentioned in Part-C of Schedule-I.

(8)     Cadre: "Cadre" means the posts in various classes, categories and grades in a service.

(9)     Commission : "Commission" means the Andhra Pradesh Public Service Commission.

(10)   Confirmed Member: "Confirmed Member" means a member of a service who has been confirmed in a service under the State Government in accordance with Rule 21.

(11)   Date of Regular Appointment: "Date of regular appointment, means the date of commencement of probation, i.e., the date from which the service rendered by a person after appointment to a service, class or category counts for probation.

(12)   Departmental Promotion Committee: "Departmental Promotion Committee" means a Committee constituted to advise the appointing authority in regard to the persons to be included in the panel for being appointed by promotion or by transfer to a selection post not within the purview of the Commission.

Provided that the Departmental Promotion Committee may be required to prepare ad hoc panels also for appointment to any service by promotion or by transfer even on temporary basis.

(12-A) Screening Committees : "Screening Committee" means a Committee constituted by [2]["Government"] to recommend the names for inclusion in the panel to the second level Gazetted Posts which are within the purview of the Andhra Pradesh Public Service Commission: and also to indicate the order in which the persons concerned should be included in the panel. The list of persons so prepared by the said Committee shall be forwarded to the Commission for its concurrence by the competent authority.

(13)   Discharge of a probationer: "Discharge of a probationer" means, in case the probationer is confirmed or is an approved probationer or probationer of another service, class or category or is an approved probationer or probationer of another post in the same service, reverting him to such service, class or category and in every other case, dispensing with his service.

(14)   Duty : A person is said to be 'on duty' as a member of a service;

(a)      when he is performing the duties of a post borne on the cadre of such service or sunder going the probation on. instruction or training prescribed for such service, or is deputed by the competent authority for higher studies or for undergoing training in India or abroad; or

 

(b)      when he is on joining time; or

 

(c)      when he is absent from duty during vacation or on authorized holidays or on casual leave taken in accordance with instructions regulating such leave, issued by the State Government, having been on duty immediately before and immediately after such absence; or

 

(d)      when he is absent from Duty during the period of training for courses of instruction and the period spent in camps as a member of the Auxiliary Air Force and also during the period spent for interview or for attending medical examination at the time of recruitment or commissioning; or

 

(e)      when he is absent from duty during the period of training including the period spent in transit as a member of the Indian Fleet Reserve or as a Reservist of the Army or Air Force (excluding the Reserve Officers); or

 

(f)       when he is absent from duty during the period of training in the Territorial Army including the period spent in transit for undergoing annual training in the said army; or

 

(g)      when he is absent from duty as a member of Air Defence Reserve, when called upon for service in the aid of the Civil Power or for Air Force Service or during the period of annual training exceeding one month in the case of permanent and temporary Government servant and person on work-charged establishments or during the period of training in Air Defence Reserve or Air Force Service in the case of probationers; or

 

(h)     when he is absent from duty for service in the N.C.C. or during the period of training including the period spent in transit thereof.

Explanation. Participation of a Government servant in the ceremonial parade on special occasions like the Territorial Army Day, Republic Day, visit of a Minister and the like in his capacity as a member of the Air Defence Reserve, shall be treated as part of his training; or

(i)       when he is absent from duty to attend the annual day celebrations of the Home Guards Organisation or when called upon for duty in times of emergency as a member of the Home Guards Organisation.

(15)   Direct Recruitment: A candidate is said to be recruited direct to a post, class or category in a service, in case his first appointment thereto is made otherwise than by the following methods.

(i)       by promotion from a lower post, category or class in that service or from a lower grade of any such post, category or class, or

 

(ii)      by transfer from any other class of that service, or

 

(iii)     by appointment by transfer from any other service, or

 

(iv)    by re-employment of a person in case he had retired from service of Government prior to such appointment, or

 

(v)      by appointment by agreement or contract.

(16)   Ex-Servicemen: "Ex-Servicemen" means a person who has served in any rank (whether as a combatant or as a non-combatant) in the Regular Army, Navy and Air Force of the Indian Union but does not include a person who has served in the Defence Security Corps, the General Research Engineering Force, Lok-Sahayak Sena and the para-military forces, i.e., Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police, Central Industrial Security Force, Central Secretariat Security Force, Assam Rifles and Railway Protection Force and

(i)       who has retired from such service after earning his/her pension; or

 

(ii)      who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability pension; or

 

(iii)     who has been released otherwise than on his own request, from such service as a result of reduction in establishment or

 

(iv)    who has been released from such service after completing the specific period of engagement, otherwise than at his own request or by way of dismissal or discharge on account of misconduct, inefficiency and has been given a gratuity and includes personnel of the Territorial Army of the following categories; namely.

(a)      pension holders for continuous embodied services;

(b)      persons with disability attributable to military service; and

(c)      gallantry award winners.

Explanation: The persons serving in the Armed Forces of the Union, who on retirement from service, would come under the category of ex-servicemen, may be permitted to apply for re-employment one year before the completion of the specified terms of engagement and avail themselves of all concessions available to ex-servicemen but shall not be permitted to leave the uniform until they complete the specified term of engagement in the Armed Forces of the Union.

(17)   General Rules : "General Rules" means the Andhra Pradesh State and Subordinate Service Rules.

(18)   Member of a Service: "Member of a Service" means a person who has been appointed to that service and who has not retired or resigned, or who has not been removed or dismissed, or substantively transferred or reduced to another service, or who has not been discharged otherwise than for want of a vacancy. He may be a probationer, an approved probationer or confirmed member of that service.

(19)   Meritorious Sportsman : "Meritorious Sportsman" means a sportsman who has represented the State or the Country in a national or international competition or Universities in the Inter-University tournaments conducted by the Inter-University Boards or the State School team in the national sports/games for schools conducted by the All India School Games Federation in any of the games, sports, mentioned below; and any other games/sports as may be specified by the Government from time to time.

(20)   Officiating Appointment: A person is said to be officiating in a post, if his appointment has been made after his inclusion in the relevant panel, but whose appointment has not been regularized.

(21)   Panel : "Panel" means the authoritative list of candidates approved for regular appointment to any service, class or category drawn up by the Commission or by the Government or by the appointing authority concerned, but does not include the panel or list prepared for temporary appointment by the appointing authority pending preparation of a panel for regular appointment in accordance with the rules.

(22)   Physically handicapped person: "Physically handi-capped person" means a person who is blind, deaf or orthopedically handicapped.

Explanation - A person is said to be,

(i)       blind, if he is suffering from total absence of sight or visual acuity not exceeding 3-60 or 10/200 (snellen) in the better eye with correcting lenses;

(ii)      deaf, if his sense of hearing is fully non-functional for the ordinary purposes of life;

(iii)     orthopedically handicapped, if he has a physical defect or deformity which causes so much interference as to significantly impede normal functioning of the bones, muscles and joints.

(23)   Presidential Order: "Presidential Order" wherever it occurs in these rules shall mean the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975 issued by the President of India under Article 371 -D of the Constitution of India.

(24)   Probation: "Probation" means the period during which a fresh entrant to a service or a person appointed to a higher post for the first time either by promotion within the service or by transfer from any other service, is put on test for determining his fitness to hold the post in a service, class or category.

(25)   Probationer : "Probationer" means a member in a service, class or category who has not completed his probation.

(26)   Promotion : "Promotion" means the appointment of a member of any category or grade of service or a class of service to a higher category, grade of such service or such class of service.

(27)   Schedule : "Schedule" means the schedule to these rules.

(28)   Scheduled Castes : "Scheduled Castes" mean the communities mentioned in Part-A of Schedule-I.

Explanation : No person who professes a religion different from Hinduism shall be deemed a member of Scheduled Caste.

However, Scheduled Caste converts to Buddhism deemed to be Scheduled Caste.

(29)   Schedule Tribes: "Scheduled Tribes" means the communities mentioned in Part B of Schedule-I.

(30)   Service: "Service" means a post or a group of posts or categories of posts classified by the State Government as State or Subordinate Service, as the case may be.

Provided that for the purpose of recruitment, probation and transfer, each class included in the Andhra Pradesh General Service and the Andhra Pradesh General Subordinate Service shall be regarded as a separate service.

Note : Where the context so requires "Service" means the period during which a person holds a post in accordance with these rules, special or ad hoc rules except Rule 10 or a lien on a post or is a member of a service as above defined.

(31)   Special Rules : "Special Rules" mean the rules applicable to each service or class or category of a service, which include ad hoc rules applicable to temporary posts in a service, or class or category, which are not covered by the special rules.

Explanation. The words importing either gender in these or special rules shall be taken to include those of the other gender if circumstances so require.

Rule - 3.

(a)     Conditions of Service.

The Fundamental Rules, the rules regulating the Scales of Pay, the Andhra Pradesh Civil Services (Conduct) Rules, The Andhra Pradesh Civil Services (CCA) Rules 1991, the Andhra Pradesh Leave Rules, the Andhra Pradesh Government Life Insurance Fund Rules, the Andhra Pradesh Revised Pension Rules and any other Acts, Rules or Regulations enacted, issued or as may be issued by Government or other competent authority, for the time being in force in respect of the service conditions, shall in so far as they may be applicable and except to the extent expressly provided in these rules, govern members of every service and persons appointed to any post in any service, whether appointed regularly or on temporary basis, in the matter of their pay and allowances, leave, leave salary, Life Insurance, Pension and other conditions of Service.

Provided that;

(i)       Where any such member has elected to be governed by the provisions of the Civil Services Regulations, those provisions shall apply to him.

(ii)      Save as otherwise expressly provided in the Special Rules nothing contained in this rule shall affect the operation of the provisions of Article 526 of the Civil Service Regulations or any other rule similar thereto, for the time being in force, relating to the fixation of pay of a member of a service who is in receipt of a military pension; and

(iii)     a person appointed in a department performing functions entrusted to him under clause (1) of Article 258 of the Constitution of India shall be governed in the matter of his leave and pension by the rules issued by the Central Government in that behalf:

Provided further that the said rules and regulations shall, in their application to the members of the Secretariat and the staff of the Governor, be construed as if the functions of the State Government under those rules and regulations were the functions of the Governor respectively :

Provided also, that a member of a service of the former Hyderabad Government allotted to the State of Andhra Pradesh, shall continue to be governed by such orders as may be applicable to him in the matter of pay, leave rules, the Andhra Pradesh Government Life Insurance Fund Rules, Pension and Provident Fund.

(b)    Application of Rules.

Any rules made under the proviso to Article 309 of the Constitution of India in respect of any service or any class or category thereof shall be applicable to all persons holding the posts intended to be held by members of that service, class or category on the date on which such rules were made applicable.

Provided that nothing in any such rules shall, unless a contrary intention is expressly indicated therein, operate to deprive any such person of any right or privilege to which he is entitled by or under any rule or order made applicable to him prior to the making of such rule.

Rule - 4. Method of Appointment.

(a)      Appointment to any service, class or category shall be by one or more of the methods indicated below as may be specified in the Special Rules applicable to the relevant post.

1.        Direct recruitment

2.        Recruitment / Appointment by transfer

3.        Promotion or

4.        Contract / Agreement / Re-employment

(b)      Direct Recruitment : Where the normal method of recruitment to any service, class or category includes direct recruitment, the proportion in which the special rules may require vacancies to be filled by persons recruited direct shall be applicable to all substantive vacancies and direct recruitment shall be made only against the substantive vacancies.

Explanation : (i) For the purpose of this rule, notwithstanding anything contained in these rules or special or ad hoc rules, substantive vacancies shall mean all vacancies in the permanent cadre and all vacancies in the posts which have been in existence for more than 5 years.

(ii) The posts earmarked for direct recruitment in the Special Rules/ad hoc rules shall be filled by direct recruits strictly and not by any other method.

(iii) In respect of posts in the State and Subordinate Service the percentage earmarked for direct recruitment should not fall short of 30 %. (iv) If the special rules specify more than one method of appointment, a provision shall be made in the special rules indicating the cycle or order in which vacancies shall be filled by such different methods of appointments.

(c)      Re-allotment of candidates selected by the Public Service Commission : The re allotment of candidates selected by the Andhra Pradesh Public Service Commission for appointment, from one unit to another unit, either in the same service and district/Zone or in any other service of district/Zone shall be made with the mutual consent of the appointing authorities concerned and with the prior concurrence of the Commission. The order of re-allotment shall be issued by the appointing authority to whose unit the candidate was first allotted by the Commission.

Provided that such re-allotment shall be strictly in conformity with the provisions of the Presidential Order.

Rule - 5. Selection Posts.

(a)      All first appointments to a State Service and all promotions/appointment by transfer in that service shall be made on grounds of merit and ability, seniority being considered only where merit and ability are approximately equal, by the appointing authority as specified in sub-rule (a) of rule 7 from the panel of candidates. Such panel shall be prepared as laid down in rule 6 by the appointing authority or any other authority empowered in this behalf.

(b)      Non-selection posts: No non-gazetted post should be treated as selection post. Promotion and appointment by transfer to higher posts other than those mentioned in sub-rule (a) shall be made in accordance with seniority-cum-fitness, unless

(i)       such promotion or appointment by transfer of a member has been with held as a penalty ; or

(ii)      a member is given special promotion for conspicuous merit and ability.

Rule - 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 a 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 in force in 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:

[3]["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".].

[4][Provided further that] if the number of candidates to be included in the penal 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 placed immediately below.

[5][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:

Provided also that no panel of candidates need be prepared;

(i)       if vacancies are not available for the particular panel period subject to the appointing authority recording a certificate to that effect; or

(ii)      where the appointing authority does not consider it necessary.

Provided also that the Government may order preparation of panel of candidates as frequently as may be necessary in the exigencies of administration.

(c)      The panel of candidates for promotion or appointment by transfer to a service or class of a service, in any case where it is necessary to consult the Commission on the suitability of candidates for such appointment shall be prepared ordinarily in the month of September every year reckoning 1st September of the year as the qualifying date to determine the eligibility of a candidate for such appointment, which shall cease to be in force on the afternoon of the 31st December of the succeeding year or till the next panel is prepared whichever is earlier. The period from first September of the year to 31st August of the succeeding year shall be reckoned for purpose of determining the number of vacancies during the panel.

(d)      The panel of candidates under sub rule (b) or sub-rule (c) shall consist of such number of candidates as is equal to the number of vacancies which are estimated to arise on the following basis during the currency of that list:

(i)       the existing vacancies, including the vacancies which were not filled up in the previous years for any reason:

(ii)      (1) vacancies to arise owing the retirement;

(2) consequential vacancies due to promotion or appointment by transfer.

Provided, that when the number of qualified and eligible candidates to be included in the panel of candidates is less than the number of vacancies estimated to arise during the currency of that list, such number of candidates eligible and found fit only shall be included in the panel irrespective of the number of vacancies.

(e)      A panel of candidates shall also be prepared taking into account the vacancies not exceeding 10 % of the total estimate of vacancies, ignoring fraction of less than half or 0.5 and rounding of fraction of 1/2 or more i.e. 0.5 and above to the next nearest number as reserve to fill up the vacancies likely to last for more than 2 months on account of.

(i)       deputation;

(ii)      training;

(iii)     long leave; or

(iv)    [6][x x x x]

Provided also that the candidates kept in reserve in the approved list shall be not less than one, where the estimate of vacancies is five or less than five.

(f)       Inclusion of a candidate's name in any panel of candidates for any State Service, class or category shall not confer on him any right for appointment to such service, class or category.

(g)      The following persons shall be considered for inclusion in any panel prepared under sub-rule (b) and (c).

(h)     Persons who a-who were qualified but were considered unsuitable for inclusion in the previous panel and who continue to possess the prescribed qualifications.

Explanation. In considering the inclusion of persons, who had been included in the previous panel but who had not commenced their probation, in the current panel it shall not be necessary to carry forward their names without having regard to their relative merit and ability with reference to the relative merit and ability of other candidates coming up for fresh consideration. If such candidates are included in the current panel it shall not be necessary to arrange them in the same order in which they had been arranged in the previous panel.

(i)       Persons included in more than one panel: Where a candidate's name has been included in different panels of approved candidates for more than one service, the cadre controlling authority of the panel in which the candidate's name is included, should intimate the cadre controlling authority of the other panel of the inclusion of the name of the candidate in the former panel and it shall be the duty of the cadre controlling authority of the parent cadre to intimate the inclusion of the candidate's name to such other cadre controlling authority, if any, in whose panel the same candidate's name had been sponsored for inclusion by the cadre controlling authority, of the parent cadre. The cadre controlling authority of the parent cadre to intimate the inclusion of the candidate's name to such other cadre controlling authority, if any, in whose panel the same candidate's name had been sponsored for inclusion by the cadre controlling authority of the parent cadre. The cadre controlling authority of the parent cadre shall require the candidate to initiate the service to which the candidate wishes to be appointed. On receipt of such intimation, the cadre controlling authority of the parent cadre shall inform the other cadre controlling authorities and such candidate's name shall be removed by such cadre controlling authority from the panel or panels of approved candidates for such service or services to which the candidate does not wish to be appointed.

(j)       Non Selection Posts : For non selection posts referred to in sub-rule (b) of Rule 5 the appointing authority shall prepare a list of eligible employees every year i.e., from first September of the year to 31st August of the succeeding year after considering the record sheet and the qualifications prescribed for the said post in the relevant Special Rules for promotion to next higher category of non selection post.

Rule -[7. Appointing Authority.

State Service.Unless otherwise stated in the Special Rules, the Regional Officer shall be the appointing authority in respect of the initial categories of Gazetted posts in a State Service where regional offices exists; and the Head of the Department shall be the appointing authority for the second level Gazetted posts in a State Service as well as in respect of the initial categories of Gazetted posts in a State Service where no regional offices exists; and the Government shall be the appointing authority for the third level Gazetted posts and above in the State Service"].[7]

Rule - 8. Eligibility for promotion or appointment by transfer.

For appointment to a higher post either by promotion from one category to another within a service or by appointment by transfer from one service to another service, a member of a service or class of a service, shall have satisfactorily completed his probation in the category from which he is proposed to be promoted or appointed by transfer to such higher post.

Rule - 9. Appointment by Agreement or Contract.

(a)      (i) Notwithstanding anything contained in these rules or special rules it shall be open to the State Government to make appointment to any post in a service, class or category, otherwise than in accordance with these rules or special rules and to provide by agreement or contract with the person (s) so appointed, for any of the matter in respect of which, in the opinion of the State Government, special provisions are required to be made and to the extent to which such provisions are made in the agreement or contract, nothing in these rules or the special rules shall apply to any person so appointed in respect of any matter for which provision is made in the agreement or contract;

Provided that in every agreement or contract made in exercise of the powers conferred by these rules, it shall further be provided that in respect of any matter in which no provision has made in the agreement or contract, provisions of these rules or special rules relatable to the post shall apply.

(ii) The agreement or contract may inter alia include provisions in respect of conditions of service, pay and allowances, discipline, contract period of appointment, notice period for termination of appointment by either party and other relevant matters.

(iii) The Government may, by order, prescribe the form of such agreement or contract.

(b)      A person appointed under sub-rule (a) shall not be regarded as a member of the service, in which the post to which he is appointed, is included and shall not be entitled by reason only of such appointment, to any preferential right to any other appointment in that or in any other service.

Rule - 10. Temporary appointment including appointments by Direct Recruitment, Recruitment/Appointment by Transfer or by Promotion:

(a)      Where it is necessary in the public interest to fill emergently a vacancy in a post borne on the cadre of a service, class or category and if the filling of such vacancy in accordance with the rules is likely to result in undue delay, the appointing authority may appoint a person temporarily, otherwise than in accordance with the said rules, either by direct recruitment or by promotion or by appointment by transfer, as may be specified as the method of appointment in respect of that post, in the special rules.

(b)      No appointment under sub-rule (a) shall be made of a person who does not possess the qualifications, if any, prescribed for the said service, class or category.

Provided that where, in the exigencies of service and where persons with the prescribed qualifications are not available, a person who may not possess all or some of the prescribed qualifications may be appointed on temporary basis. Every such person who does not possess such qualifications and who has been or is appointed under sub-rule (a) shall be replaced as soon as possible, by a person possessing such qualifications.

(c)      A person appointed under sub-rule (a) shall not be regarded as a probationer in such service, class or category or be entitled by reason only of such appointment to any preferential claim to future appointments to such service, class or category.

(d)      A person temporarily appointed under sub rule (a) shall, whether or not he possesses the qualifications prescribed for the service, class or category to which he is appointed, be replaced as soon as possible by the member of the service, who is entitled to the appointment under the rules.

(e)      The appointing authority shall have the right to terminate the service of a person who has been appointed under sub rule (a)-, at any time, without assigning any reason and without any notice if appointed by direct recruitment revert to a lower category or grade, if promoted, or revert to the post from which such appointment by transfer was made, if appointed by transfer.

(f)       A person appointed to any part time post, created in lieu of a whole time post borne on the cadre of a service, class or category shall not be regarded as a probationer in such service nor shall he be entitled by reason only of such appointment to any preferential claim to future appointment to such service, class or category.

(g)      No person appointed under sub-rule (a) shall be eligible to an increment in the time scale of pay applicable to him, unless he passes the tests, complete the training or acquires the qualifications prescribed in the Special Rules, as a condition for the grant of increment to a member of the service class or category.

(h)     The practice of making in charge arrangements on own scale of pay of the incumbent concerned is totally prohibited and whenever filling up of vacant posts is considered expedient in the exigencies of administration, action may be taken to fill the post following the relevant Special/ ad hoc rules, duly placing the proposals before the DPC/APPSC as the case may be or by making full additional charge arrangements as provided for in the Fundamental Rules.

(i)       Temporary posts requiring special qualifications Notwithstanding anything contained in these rules or special rules, if and when, a temporary post is created as an addition to the cadre of any service, class or category and the holder thereof is required by the State Government to possess any special qualifications, knowledge or experience, any person who possesses such qualifications, knowledge or experience and who is considered to be the most suitable person to discharge the duties, of such post may, irrespective of other considerations, be appointed temporarily to that post by the appointing authority; but the person so appointed shall not, by reason only of such appointment, be regarded as a probationer in such service, class or category nor shall be acquire thereby any preferential right to future appointment to such service, class or category.

Rule - 11. The limit for joining either on first selection or on promotion or on appointment by transfer.

(a)   Direct recruitment: A candidate selected for appointment by direct recruitment either through the Andhra Pradesh Public Service Commission or through any other agency, shall be required by the appointing authority to join in the post for which he has been selected within [8][a period of 30 days] taking the date of dispatch (by registered post with acknowledgment due) of the appointment order as crucial date for reckoning the time limit. If he does not join the post within the stipulated [9][period of 30 days], the offer of appointment shall be treated as automatically cancelled and the name of the candidate shall be deemed to have been omitted from the list of approved candidates.

[10]["(b) Time to join a post on appointment/temporary appointment under Rule 10 including appointments by transfer or by promotion otherwise than by direct recruitment. A person on appointment/temporary appointment on adhoc basis under Rule 10 including appointment by transfer or by promotion otherwise than by direct recruitment, shall be allowed a joining time of fifteen (15) days to join the post from the date of receipt of the order of appointment sent to the candidates by Registered Post with Acknowledgment due or by any other means. An employee who does not join the post within the stipulated time or evades to join the post by proceeding on leave, shall lose his promotion right/offer for the current panel year and the name of the candidate shall be placed before the next Departmental Promotion Committee for consideration in the next year panel subject to availability of vacancy. In case of non-selection posts, the name of the candidate who does not join within the stipulated time in the promotion posts shall be considered for promotion again after a period of one year from the date of offer of appointment subject to availability of vacancy"].

Rule - 12. Qualifications for Direct Recruitment.

(1)     (a) No person shall be eligible for appointment to any service by direct recruitment unless he satisfies the selection authority as well as the appointing authority, that;

(i)       he is of sound health, active habits and free from any bodily defect or infirmity rendering him unfit for such service;

(ii)      his character and antecedents are such as to qualify him for such service;

(iii)     he possesses the academic and other qualifications prescribed for the post; and

(iv)    he is a citizen of India;

Provided that no candidate other than a citizen of India may be appointed except with the previous sanction of the State Government and except in accordance with such conditions and restrictions as they may be laid down. Such sanction shall not be accorded unless the State Government are satisfied that sufficient number of citizens of India, who are qualified and suitable are not available.

(v)      No person shall be eligible for direct recruitment if he is less than 18 years of age and unless otherwise specified in the special or ad hoc rules and if he is more than [11]["33 years of age"] as on the 1st day of July of the year in which the notification for selection to the relevant post, category or class or a service is made.

Provided that nothing in this sub-rule shall apply for direct recruitment to all the categories and posts in the Andhra Pradesh Police Subordinate Service and in the Andhra Pradesh Special Armed Police Service.

(b) The maximum age limit prescribed in the Special Rules for direct recruitment to a post shall be raised:

(i)       Uniformly by 5 years in the case of candidates belonging to the S.Cs. or S.Ts. or B.Cs. specified in Schedule-I of these rules:

Provided that this age concession in the case of B.Cs. shall not exceed 40 years;

N.B.: -The age concession in favour of B.Cs. will be in force [12]["with effect from 23rd September, 1990 to till the end of May, 2001"].

Provided further that this age concession in favour of S.Cs. and S.Ts. shall not exceed 45 years:

Provided also that in the case of S.Cs. and S.Ts. the maximum age limit prescribed for other communities in the Special Rules shall be raised uniformly by 10 years for the purpose of limited direct recruitment, subject to the condition that it does not exceed 45 years:

[13]["N.B. This concession shall be in force during the period between the 28th March 1967 to till the end of May, 2011"].

(ii)      Uniformly by 10 years in the case of Physically handicapped persons;

(iii)     In the case of widows, divorced women and women judicially separated from their husbands, who are not remarried, the maximum age limit for direct recruitment to posts carrying a scale of pay equal to Junior Assistants or less, shall not exceed 40 years in the case of S.Cs. S.Ts. candidates and 35 years in the case of others.

[14]["Provided that for compassionate appointment to the spouse of deceased Government employee, the upper age limit shall be 45 years irrespective of the community"].

(c) When direct recruitment is to be made to any State or Subordinate Service by examination or selection:

(i)       a person who worked in the armed forces of the Indian Union, shall be allowed to deduct from his age a period of three years in addition to the length of service rendered by him in the armed forces for purposes of the maximum age limit;

(ii)      a person who was recruited as a whole-time Cadet Corpse Instructor on or after the 1st January, 1963 on his discharge from the NCC either before or after the expiry of the initial or extended tenure of his office in NCC having served for a period of not less than six months prior to his release from the NCC shall, subject to the production of a certificate to the effect that he has been released from the NCC be allowed to deduct from his age a period of three years in addition to the length of service rendered by him in the NCC for purposes of maximum age limit;

Provided that the person referred to in sub-rules (i) and (ii) above shall, after making the deductions referred on in the sub-rules shall not exceed the maximum age limit prescribed for the post.

(iii)     a person already in service of the State Government, who has been appointed regularly shall be allowed to deduct from his age the length of regular service under the State Government up to a maximum of five years for purposes of the maximum age limit and in the case of a person who has rendered minimum temporary service of six months in the Census Department (Organization) of the State and who has been retrenched during 1991 shall be allowed to deduct from his age a period of three years for purpose of computing the maximum age limit.

(2)     The Minimum General Educational Qualifications wherever referred to, in these or special rules shall be the qualifications prescribed in Schedule II of these rules.

(3)     [15][(a) A. Candidate should possess the academic qualifications and experience including practical experience prescribed, if any, for the post on the date of the notification for direct recruitment issued by the concerned recruiting agency"].

(b) No person shall be eligible for appointment to a post by promotion or appointment by transfer unless he possesses the academic qualifications and technical or other qualification and has passed the departmental and other tests and has satisfactorily completed any course or training prescribed in the special rules as a prerequisite qualification, for the post, to which he is to be appointed by promotion or by transfer.

(4)     Disqualification for appointment:

(a)      A candidate shall be disqualified for appointment if he himself or through relations or friends or any others has canvassed or endeavored to enlist for his candidature extraneous support, whether from official or non-official sources for appointment to any State or Subordinate Service.

 

(b)      No person who has more than one wife living or who has spouse living, marries in any case, in which such marriage is void by reason of its taking place during the life time of such spouse, shall be eligible for appointment by direct recruitment to any State or Subordinate Service.

 

(c)      No woman whose marriage is void by reason of the husband having a wife living at the time of such marriage or who has married a person who has a wife living at the time of such marriage, shall be eligible for appointment by direct recruitment to any State or Subordinate Service.

 

(d)      No person who has been dismissed from a State or Central Government Service or from the service of Central or State Government undertaking or local or other authorities or who has been convicted by a court of law for an offence involving moral turpitude shall be eligible for appointment to any State or Subordinate Service.

Rule - 13. Language test in Telugu:

(a)      Every person appointed to a service, shall, within the period of probation, pass the Language test in Telugu, falling which his probation shall be extended and increments in the time scale of pay shall be postponed without cumulative effect till he passes the test.

[16][Provided that a person who was appointed to a service but who has not passed the Language Test in Telugu shall be allowed time to pass the said test up to the 30th June, 2001 and no further extension shall be given beyond that period under any circumstances, and the person appointed on or after the 1st November, 1956 should pass the said test by 1st July, 2001 subject to those employees who are in service and not completed 45 years of age as on the date of the order shall be discharged from service with effect from 1st July, 2001 if they fail to pass the said test by that date];

Provided further that a person, who has completed the age of 45 years or who has been on deputation in this State from any other State or from the Government of India, or who being an officer of the erstwhile Government of Hyderabad has passed the language test in Telugu or has been exempted from passing the said test by virtue of his having passed an examination of equivalent standard in that language test under the Hyderabad Regional Language Examination Rules or who is holding a post for which no educational qualification is prescribed for initial recruitment, shall not be required to pass the language test aforesaid:

Provided also that a person who is exempted from passing the Language Test in Telugu on reaching the age of 45 years, but the pay to which such person is entitled to draw after reaching the age of 45 years shall be the pay which he would have been eligible to, without arrears, had the Language Test in Telugu not been prescribed at all and the increments not postponed.

(b)      The standard of the test referred to in sub-rule (a), above shall be a pass in the Second Class Language Test in Telugu for holders of the posts for which the educational qualification prescribed is the Minimum General Educational Qualification referred to in the schedule to rule 12 (2), or equivalent or higher academic qualification and a pass is the Third Class Language Test in Telugu for all others.

Rule - 14. Language Test -Exemption.

(a)      A person who has passed the SSC or its equivalent examination or any other higher examination with Telugu as the medium of instruction and examination or with Telugu as one of the subjects, shall be exempted from passing the 2nd class language test in Telugu.

 

(b)      A person who has passed the 7th or 8th Class examination with Telugu as a subject or medium of instruction shall be exempted from passing the 3rd class Telugu Language Test.

 

(c)      A person who has crossed the age of 45 years;

 

(d)      Other Linguistic qualification:

(i)       If in the opinion of an appointing authority, a candidate with an adequate knowledge of a particular language or languages is necessary for holding a specified post in any service, class or category, it may declare that such post, specified in the declaration, is reserved for a candidate with such knowledge. When such a declaration has been made, the required number of qualified candidates who possess such knowledge shall be selected in preference to those who do not possess it and notwithstanding anything contained in these rules but without prejudice to the rule of reservation of appointments, any such post shall be filled only by a member of the service or an approved candidate who possesses such knowledge.

(ii)      The State Government shall have power to declare that any proportion of posts in any service, class or category for which recruitment is made at the same time, shall be filled by candidates with an adequate knowledge of a particular language or languages and when such a declaration has been made, the rule of reservation of appointments shall apply separately in regard to the proportion of posts in respect of which such a declaration has been made.

Explanation : - For the purpose of this rule a candidate will be considered to have adequate knowledge of the particular language, if he has acquired knowledge of that language in the High School or higher courses or satisfies the appointing authority that he has adequate knowledge in speaking reading and writing in that language.

Rule - 15. Time to pass newly prescribed Tests.

(a)      Where a test is newly prescribed by the special rules of a service for any class, category, or post thereof, a member of the service who has not passed the said test, but is otherwise qualified and suitable for promotion to such category or post may be promoted thereto and he shall be required is pass the said test or tests within the period of probation or within one year or in one of the first two examinations held after such promotion, whichever is later. If he fails to pass the tests he shall be reverted to the class, category, or post from which he was promoted and he shall not again be eligible for consideration for promotion unless he passes the tests.

A person who is so reverted shall not by reason only of his promotion under this rule, be regarded as entitled to any preferential claim to future promotion to the category, grade or post, as the case may be, to which he had been promoted under this rule.

Explanation: This rule shall be applicable even to appointment by transfer in the direct line, for example, for appointment by transfer of Superintendents to the post of Assistant Director (Administration), for appointment to which the passing of departmental tests has been newly prescribed as a pre-requisite qualification.

Note : This concession will be available only for a period of three years from the date on which the test has been newly prescribed.

(b)      concessions regarding passing of Tests and Examinations on grounds of age : Notwithstanding anything contained in these rules or in the Special Rules, except the Andhra Pradesh Treasuries and Accounts Service Rules, Andhra Pradesh Treasuries and Accounts Subordinate Service Rules, Andhra Pradesh Pay and Accounts Service Rules, Andhra Pradesh Pay and Accounts Subordinate Service Rules, Andhra Pradesh Local Fund Audit Service Rules and Andhra Pradesh Local Fund Audit Subordinate Service Rules.

(i)       Where no tests have been prescribed in the Hyderabad Cadre and Recruitment Rules for promotion, an employee of the erstwhile Government of Hyderabad allotted to the State of Andhra Pradesh under Section 115 of the States Reorganization Act, 1956 (Central Act 37 of 1956) need not pass the tests prescribed for promotion or recruitment by transfer on or after the 1st November, 1956, to a post one stage above that held by him prior to the said date. The employee so promoted shall not be affected either by reversion or by stoppage of increment for failure to pass such test.

(ii)      Where tests have been prescribed in the Hyderabad Cadre and Recruitment Rules, as a condition precedent for promotion, an employee of the erstwhile Government of Hyderabad referred to in clause (i) may be appointed by transfer or promotion to a post one stage above that held by him prior to the 1st November, 1956, subject to his passing the common departmental tests prescribed by the Government of Andhra Pradesh within four years from the date of such appointment by transfer or promotion, whichever is later, except where a longer period than four years has already been allowed to all;

Provided that such an employee, on completion of the age of 45 years, shall not be required to pass tests referred to in this clause; either for the first stage promotion or for appointment by transfer or promotion to a post which is second or subsequent stage above that held by him prior to the said date.

(c)      The provisions in sub-rule (b) shall mutatis mutandis apply to an employee of the former Andhra State continuing in Andhra Pradesh for his appointment by transfer or promotion to a post above the one held by him prior to the 1st November, 1956, where :

(i)       new tests are prescribed in the Andhra Pradesh State after the said date for appointment by transfer or promotion to such post; or Provided that such employees, who on completion of the age of 45 years is not required to pass the tests for his appointment by transfer or promotion to a post above the one held by him prior to the said date, need not pass the same test if prescribed for appointment by transfer or promotion to a post which is second or subsequent stage above the one held by him prior to the said date.

Explanation : - Sub-rule (b) shall be in force till 31-10-1996.

Rule - 16. Commencement of Probation for Direct Recruits.

(a)      A person appointed In accordance with the rules, otherwise than under Rule 10, by direct recruitment shall commence his probation from the date of his joining the duty or from such other date as may be specified by the appointing authority:

Provided that a person having been appointed temporarily under rule 10 to a post in any service, class or category or having been so appointed otherwise than in accordance with the rules governing appointment to such post, is subsequently appointed to the same post, in the same service or class or category, in the same unit of appointment, in accordance with the rules, shall commence his probation from the date of such subsequent appointment or from such earlier date as the appointing authority may determine, subject to the condition that his commencement of probation from an earlier date shall not adversely affect any person who has been appointed earlier or simultaneously, to the same service, class or category in the same unit.

(b)      Minimum service for commencement of probation : A person appointed to a service, class or category, in accordance with the rules, otherwise than by direct recruitment shall, if he is required to be on probation in such service class, or category, be deemed to have commenced his probation in such service, class or category from the date from which he has been continuously on duty in such service, class or category for a period of not less than 60 days from the date of joining duty after having been appointed to such service, class or category on a regular basis in accordance with rules:

Provided that this rule shall not apply to a person appointed to a post in a service, class or category whose appointment is made in consultation with the Andhra Pradesh Public Service Commission or D.P.C. or any other agency for recruitment specified by Government.

(c)      Period of Probation : Unless otherwise stated in the Special Rules or in these rules, the period of probation shall be as follows.

(i)       Every person appointed by direct recruitment to any post shall, from the date on which he commences his probation be on probation for a period of two years on duty within a continuous period of three years.

(ii)      Every person appointed to any post either by promotion or by transfer (not by transfer on tenure) shall, from the date on which he commences his probation, be on probation for a period of one year on duty within a continuous period of two years.

(iii)     A probationer in any category, class or service shall be eligible to count for probation his service in a higher category of the same service or class, as the case may be, or in any other service (State or Subordinate Service) towards his probation in the former service, to the extent of the period of duty performed by him in the latter service during which he would have held the post in the former service but for such appointment in the latter service.

(d)      In regard to the persons appointed to any class or category of a service by promotion or appointment by transfer, in respect of whom the Special Rules of the service applicable to the higher post do not prescribe a period of probation, in the class or category to which they have been promoted or appointed by transfer, the provisions in this part shall be construed as if the expression "probation" and "probationer"/"approved probationer" mean "officiating service' and "person officiating" respectively.

(e)      Tests to be passed during probation : A person who has commenced his probation in a service, class or category shall, within the period of probation, if so required in the Special Rules or these rules, pass such tests or acquire such qualifications as may be prescribed in these rules or in the Special Rules applicable to such service, class or category.

(f)       (i) If within the period of probation a candidate fails to pass such tests or acquire such qualifications as may be prescribed in these rules or in the special rules, the appointing authority shall, by order, discharge him from the service unless the period of probation is extended under the sub-rule (b) of Rule 17 and if within such extended period also, the candidate fails to pass such tests or acquire such special qualifications, the appointing authority shall discharge him from service.

(ii) If within the period of probation or within the extended period of probation, as the case may be, a probationer has appeared for any such test or any examination in connection with the passing of such prescribed tests or with the acquisition of the prescribed qualifications and the result of such tests or examinations for which he has so appeared are not known before the expiry of the probation period, he shall continue to be on probation until the publication of result of such tests or examinations for which he has appeared, or the first of the min which he fails to pass, as the case may be.

(iii) In case the probationer fails to pass any of the tests or examinations for which he has so appeared, the appointing authority shall, by an order, discharge him from service.

Any delay in the issue of the order discharging the probationer under clause (i) or clause (iii) of this sub-rule shall not entitle him to be deemed to have satisfactorily completed his probation.

(g)      Exemption from special qualifications to be acquired or special tests to be passed during probation: Where a probationer has, before he commenced his probation, already acquired any special qualification or passed any special test prescribed in these or in the special rules, or has acquired such other qualification as may be considered by the State Government or by the appointing authority, with the approval of the State Government, to be equivalent to the said Special qualification or special test, he shall not be required to acquire the said special qualification or to pass the said special test again, after the commencement of his probation,

(h)     Change of date of commencement of probation: Notwithstanding anything contained in the special rules or sub-rule (a) and (b) of Rule 33, a probationer who does not pass the prescribed tests or acquire the prescribed special qualifications within the period of probation or within the extended period of probation under Rule 17 and whose probation is further extended by the Government by an order under [17][Rule 31 ], till the date of his passing such tests or acquiring such qualifications, shall be deemed to have commenced the probation with effect from the date to be fixed by the Government, which would be anterior to a date to his passing such tests or acquiring such special qualifications, so, however, that the interval between the two dates shall be equivalent to the prescribed period of probation, whether on duty or otherwise and seniority of such probationer shall be determined with reference to the date so fixed. Provided that nothing in this sub-rule shall apply in the cases of persons appointed to the class, category or grade in a service prior to the 9th March, 1981 and whose seniority in the said class, category or grade was fixed under sub-rule (b) of Rule 33, prior to the said date.

Rule - 17. Suspension, Termination or Extension of Probation.

(a)      (i) The appointing authority may, at any time, before the expiry of the prescribed period of probation, suspend the probation of a probationer and discharge him from service for want of vacancy.

(ii) The appointing authority may, at any time, before or after the expiry of the prescribed period of probation either extend by not more than one year, whether on duty or otherwise, the period of probation of a probationer, in case the probation has not been extended under sub-rule (b) of this rule or terminate his probation and discharge him from service after giving him one month's notice or one month's pay in lieu of such notice, on account of unsatisfactory performance or progress during training or unsatisfactory performance of duties or unsatisfactory conduct or for any other sufficient reason to be recorded in writing. (iii) The appointing authority may, at any time, before the expiry of the prescribed period of probation, post the probationer under another officer in order to make sure that the previous report made on his performance or conduct by a superior officer is not a biased one.

(b)      In the case of any probationer failing to pass the tests or acquire the prescribed qualifications, the appointing authority may extend his probation to enable him to pass the prescribed tests or acquire special qualifications, as the case may be. Such extension by the appointing authority shall not exceed one year, whether on duty or otherwise in such service, class or category.

(c)      (i) In cases where the probation of a probationer is extended, his increment shall be postponed until he completes his probation satisfactorily, by the period by which his probation is extended. Such postponement of increment shall not, however, be treated as a penalty but only as a condition of extension of probation and shall not have the effect of postponement of future increments after he completes his probation satisfactorily.

(ii) However, in the case of a person whose probation is one year on duty and whose increment is biennial, the increment shall be postponed until he completes his probation, but shall not be postponed, if it falls due after he completed his probation satisfactorily.

(d)      Penalty on a member on the maximum of his pay Scale for failure to pass prescribed tests:

Where the special rules or these rules prescribe postponement of increments as a penalty for failure to pass a special test or acquire a special qualification prescribed in these rules, such failure shall, in the case of a member who has reached the maximum of the time scale of pay applicable to him, rendered him liable to the penalty of reduction to the next lower stage in his time-scale.

(e)      Appeal against discharge of a probationer.

(i)       A probationer, who is discharged under clause (i) or clause (iii) or sub-rule (f) of rule 16, shall be entitled to appeal, within a period of 30 days from the date of receipt of the order of discharge, against the order of discharge passed by the competent authority to the authority to which an appeal would lie against the order of dismissal passed by the competent authority against the member of a service.

Provided that in the case of a probationer in a State service who is discharged from service by an authority subordinate to the State Government, an appeal would lie only to the State Government.

(ii)      The authority competent to entertain an appeal under clause (i) may, either of its own motion or otherwise, revise any order discharging a probationer under any of the provisions referred to in the said clause within one year of the date of such order.

Note : The period between the date of discharge of a probationer and date of restoration shall be excluded for calculating the period of two years or three years as the case may be referred to in Clauses (i) and (ii) in sub-clause (c) of Rule 16.

(iii)     Where the appellate or revisionary authority sets aside an order discharging a probationer on the ground that his discharge was wholly unjustified and the probationer is restored to the service, the period on and from the date of discharge to the date of such restoration, shall be treated:

(a)      where the said authority is of the opinion that the discharge of the probationer was wholly unjustified, as on duty, except for the purpose of probation:

(b)      in any other case, not as on duty, unless the said authority directs that it shall be so treated for any specified purpose.

(iv)    Such probationer shall be given for the period such order of discharge as has been in force:

(a)      in the case where the discharge of the probationer has been held as fully unjustified, the full pay and allowances to which he would be entitled, had that order of discharge not been issued.

(b)      in any other case, such pay and allowances, as the authority passing the order shall determine.

(v)      The period of probation undergone by a probationer discharged under Clauses (i) and (iii) of sub-rule (a) of this rule, before his discharge shall, upon such restoration, count towards the period of probation prescribed by the rules applicable to him.

Rule - 18. Declaration of probation;

(a)      At the end of the prescribed or extended period of probation, as the case may be, the appointing authority shall consider whether the probationer should be considered to have satisfactorily completed his period of probation and after taking a decision in this regard, he shall issue an order declaring the probationer to have satisfactorily completed his probation.

(b)      (i) The decision whether the probationer has satisfactorily completed his probation or whether his probation should be extended, shall be taken soon after the expiry of the prescribed period of probation. If any lapses are noticed during the period of probation by the appointing authority or a higher authority, such lapses should be communicated to the probationer, as soon as such lapse is noticed, so as to enable the probationer to rectify such lapses. A decision whether a probationer could be considered to have satisfactorily completed his probation or his probation should be extended or discharged or suspended shall be taken within a period of 8 weeks after the expiry of the prescribed period of probation.

(ii) If no order as referred to in sub-rule (a) is issued within one year from the date of expiry of the prescribed or extended period of probation, the probationer shall, subject to other provisions of these rules, be deemed to have completed satisfactorily his probation with retrospective effect from the date of expiry of the prescribed or extended period of probation and a formal order to that effect may be issued for purpose of record:

Provided that nothing in this sub-rule shall apply to a probationer who has been communicated a memorandum of charges during the prescribed or extended period of probation or who has failed to acquire the special qualifications or to pass the special tests, if any prescribed in the special rules or to acquire such other qualifications, as may be declared by the State Government or by the appointing authority with the approval of the State Government, to be equivalent to the said special qualifications or special tests, within the said period of probation.

Rule - 19. Rights of a probationer and approved probationer for re-appointment:

(a)      A vacancy in a service, class or category shall not be filled by appointment of a person who has not yet commenced his probation in such service, class or category when an approved probationer or probationer is available for such appointment.

(b)      (i) Discharge of a probationer or approved probationer: - A probationer or an approved probationer shall be discharged from service in the event of non-availability of a vacancy, in the following order.

1.        The probationers in the order of juniority.

2.        The approved probationers in the order of juniority.

Provided that where, in course of discharge of persons appointed to a service, class or category consequent on the retrenchment of the posts in any administrative unit, the representation of the Scheduled Castes or the Scheduled Tribes in that unit falls, short of the percentage of posts reserved for those castes or tribes, the persons belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, shall be discharged in the order of juniority, only after all other persons appointed in that unit belonging to these castes or Tribes are discharged; that is to say. the discharge of persons in any administrative unit consequent on the retrenchment of posts, shall be in the following order.

First Persons, other than those belonging to the Scheduled Castes and the Scheduled Tribes, appointed temporarily, in the order of juniority;

Second Probationers, other than those belonging to the Scheduled Castes and the Scheduled Tribes, in the order of juniority;

Third Approved probationers, other than those belonging to the Scheduled Castes and the Scheduled Tribes, in the order of juniority;

Fourth Persons belonging to the Scheduled Castes and the Scheduled Tribes, appointed temporarily in the order of juniority.

Fifth Probationers belonging to the Scheduled Castes and the Scheduled Tribes, in the order of juniority;

Sixth Approved probationers belonging to the Scheduled Castes, and Scheduled Tribes, in the order of juniority.

(ii) For the purpose of this rule, the posts borne on the cadre of a service, class or category in respect of recruitment to which the principle of reservation of appointments is made applicable, shall be deemed to have been reserved so as to secure fifteen percent of the posts for the Scheduled Castes and six percent of the posts for the Scheduled Tribes.

(c)      Right of re-appointment/promotion/appointment by transfer of an approved probationer on foreign service or on deputation : The absence of an approved probationer from a post in a service, class or category whether on leave or on foreign service or on deputation or for any other reason, if his lien on such service, is not terminated or suspended, shall not, if he is otherwise eligible and qualified, render him ineligible in his turn :

(i)       for re-appointment to the post on which he is an approved probationer;

(ii)      for promotion from a lower to the higher category in such service;

(iii)     for appointment to a post in a class or category in another service for which he may be an approved candidate, as the case may be, in the same manner as if he is not absent.

He shall be entitled to all the privileges in respect of appointment, seniority, which he would have enjoyed but for his absence :

Provided that a member of service who is appointed to another service and if he is a probationer in the latter service shall not be appointed to any other service for which he may be an approved candidate, unless he relinquishes his right in such latter service in which he is a probationer :

Provided further that the absence of a member of a service from duty in such service, whose lien in a post borne on the cadre of such service is deemed to have been terminated on account of being an approved probationer in a class, or category in any other service shall not eligible :

(1)     for re-appointment to a regular post, whether permanent or temporary in the former service in which he was an approved probationer; or

(2)     for promotion from a lower to a higher category in such former service.

Note : This provision shall not be applicable to a person who is a member of two services where one of them is normally a feeder service or category to the other.

Rule - 20. Exercise of certain powers of appointing authorities in respect of probationers.

The power exercisable by the appointing authority other than the State Government, may be exercised also by any higher authority to whom such appointing authority is administratively subordinate, whether directly or indirectly, in the following cases namely.

(1)     discharge of a probationer under sub-rule (f) of Rule 16 or clause (ii) of sub-rule (a) of Rule 17; and

(2)     extension of probation under sub-rule (a) or (b) of Rule 17.

Rule - 21. Confirmation.

(a)      Confirmation of a member of a service: As soon as a person appointed initially in a service or class of a service is declared to have satisfactorily completed his probation or deemed to have satisfactorily completed his probation, he shall be confirmed as a member of that service, by the appointing authority.

The seniority of the person shall however be regulated in terms of Rule 33 of these rules.

Explanation: (1) For the purpose of the rule "appointed initially" means appointment of a person for the first time to any post in the civil service in the State or Civil post in the service of the State of Andhra Pradesh.

(2) A member of a service or a class of a service shall be confirmed in such service or class of a service irrespective of whether there is a permanent or substantive post or vacancy available in that service.

(3) A person appointed to a Government service shall be confirmed in any service, only once during his service in Government at the entry grade, irrespective of whether subsequently he is promoted within the same service or appointment by transfer to some other service or class of service, from time to time.

(b)      A person confirmed in a particular category, class or service shall not be confirmed in any other category, class or service.

Rule - [22. Special Representation (Reservation).

(1)     Reservations may be made for appointments to a service, class or category in favor of Scheduled Castes, Scheduled Tribes, Backward Classes, Women, Physically Handicapped, Meritorious Sportsman, Ex.-Servicemen and such other categories, as may be prescribed by the Government from time to time, to the extent and in the manner specified here in after in these rules or as the case may be, in the special rules. The principle of reservation as hereinafter provided shall apply to all appointments to a service, class or category -][18]

(i)       by direct recruitment, except where the Government by a General or special order made in this behalf, exempt such service, class or category; [19]["(ii) otherwise than, by direct recruitment the principle of reservation in the matter of promotion and appointment by transfer involving promotion in so far it relates to Scheduled Castes and scheduled Tribes only shall apply to such services. Class or Category whose total cadre strength of the post is more than five"].

[20]["2(a) The unit of appointment for the purpose of direct recruitment shall be hundred vacancies of which fifteen shall be reserved for Scheduled Castes, six shall be reserved for Scheduled Tribes, twenty five shall be reserved for Backward Classes and the remaining fifty four appointments shall be made on the basis of open competition and subject to Rule 22-A of these rules.

(2)     (a) (i) The unit of appointment for the purpose of reservation in the matter of promotion and appointment by transfer involving promotion shall be hundred vacancies of which fifteen shall be reserved for Scheduled Castes and six for Scheduled Tribe employees as per the roster points in Sub-rule 2(e).

A.        In the case of appointments/promotions to the posts referred to in clause 2(a)(i) above, the panels of eligible candidates for promotion, the names of eligible Scheduled Caste and Scheduled Tribe employees from the feeder Category have to be shown against the roster points earmarked for them irrespective of their seniority position in the feeder category.

 

B.        If a Scheduled Caste and Scheduled Tribe employee gets a higher place in the eligible candidates list by virtue of his seniority in the feeder category he need not be adjusted in a lower position which is earmarked for an Scheduled Caste and Scheduled Tribe employees as per roster system. Such roster point has to be filled up by moving up an Scheduled Caste and Scheduled Tribe employees who is below in the seniority list in the feeder category.

 

C.        Filling up the roster points shall continue till the required percentage of Scheduled Caste and Scheduled Tribe candidates is obtained. Once the required percentage is obtained by taking into account both the Scheduled Caste and Scheduled Tribes candidates who are found in the list of candidates fit for promotion on account of their seniority in the feeder category and those who are moved up to fill up the required roster point, further adjustment of Scheduled Caste and Scheduled Tribe employees against roster point has to be stopped.

 

D.       Unutilized roster points after the required Scheduled Caste and Scheduled Tribes percentage is met, shall lapse.

 

E.        If required number of Scheduled Caste and Scheduled Tribe employees are not available in the feeder category to obtain the required representation in the promotion category. The vacancies earmarked for Scheduled Caste and Scheduled Tribe employees according to the roster points will be carried forward.

(b) Out of fifty four appointments to be made on the basis of open competition, three appointments shall be reserved for direct recruitment of the physically handicapped persons.

(c) In the case of appointments to clerical posts including the posts of typists, i.e. in Group II and Group IV services and in the case of posts in the Andhra Pradesh Police Subordinate Service to which the principle of reservation of appointments applies, out of fifty four as the case may be, fifty one appointments to be made on the basis of open competition, two appointments shall be reserved for direct recruitment of Ex-servicemen.

(d) In the case of appointments to the posts of Senior Assistants, Junior Assistants, Junior Stenographers, Typists and Record Assistants in the Offices of Heads of Departments, Assistant Section Officers, Typist-cum-Assistants, Junior Stenographers and Record Assistants in the Secretariat to which the principle of reservation of appointments applies, out of fifty four, as the case may be, forty nine appointments to be made on the basis of open competition, one appointment shall be reserved for direct recruitment of meritorious sportsmen:

Provided that the claims of members of the Scheduled Castes, Scheduled Tribes, Backward Classes, Women and the Physically Handicapped persons or the Ex-servicemen as the case may be, shall also be considered for the remaining appointments which shall be filled on the basis of open competition, the number of appointments reserved for that category shall in no way be affected during the period the reservation for that category is in force.

(e) Appointments under this rule shall be made in the order of rotation specified below in a unit of hundred vacancies:

Provided that:

(i)    in the case of appointments to a post referred to in sub-rule (c). The 12th and 37th turns in each unit of hundred vacancies shall be reserved for ex-servicemen. However, wherever the special or ad hoc rules provide that there shall be no reservation for ex-servicemen or if a qualified and suitable candidate is not available from ex-servicemen, the turn allotted to ex-servicemen shall be deemed to be allotted to Open Competition.

[26]['(ii) In the second cycle of 100 roster points the following points shall be reserved as follows.

(Visually Handicapped) (Open)

(Hearing Handicapped) (Women)

(Orthopedically Handicapped) (Open)

In the third cycle of 100 roster points the following points shall be reserved as follows.

(Visually Handicapped) (Open)

(Hearing Handicapped) (Open)

(Orthopedically Handicapped) (Women)

The 6th, 31st and 56th points in each cycle of 100 vacancies shall be allotted to the Visually Handicapped, Hearing Handicapped, and Orthopedically Handicapped persons respectively as stated above and where qualified and suitable candidates are not available from among them, the turn allotted for them in the unit referred to above shall be carried forward for three succeeding recruitment years. In the third succeeding recruitment year, If Disabled candidates from any category are not available for appointment in the turn allotted, the vacancy shall be filled by next group of disabled in rotation by effecting interchange and the reservation shall cease thereafter.]

(f) The reservation in the case of backward Classes (Group-A), (Group-B), Group-C) and as the case may be (Group-D) and Physically handicapped persons shall be in force for the period commencing from the 23rd September, 1990 to 22nd September 2000.

(g) If in any recruitment qualified candidates belonging to the Scheduled Tribes, Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) and Women are not available for appointment to any or all the vacancies reserved for them, a limited recruitment confined to candidates belonging to them shall be made immediately after the general recruitment to select and appoint qualified candidates from among the persons belonging to these communities to fill such reserved vacancies.

(h) (I) If in any recruitment, qualified candidates belonging to Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A) (Group-B), (Group-C) and as the case may be (Group-D) or Women are not available for appointment to all or any of the vacancies reserved for them even after conducting a limited recruitment as specified in sub-rule (g) such vacancies or vacancy may be allotted to the Open Competition after obtaining the permission of the Government and may thereafter, be filled by a candidate or candidates selected on the basis of open competition.

(II) Where any vacancies reserved for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women are so filled by candidates belonging to other communities, an equal number of vacancies shall be reserved in the succeeding recruitment for the Scheduled Castes or Scheduled Tribes or Backward Classes or Women in addition to the Vacancies that may be available for that recruitment for them and if in the said succeeding recruitment year also, qualified candidates belonging to the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women are not available for appointment all or any of the additional vacancies which are so reserved in that succeeding recruitment year, an equal number of vacancies shall again be reserved in the next succeeding recruitment year for the Scheduled Castes or, Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women in addition to the number of vacancies that may be available for the next succeeding recruitment for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A) (Group-B), (Group-C) and as the case may be (Group-D) or Women.

Provided that if In the said second succeeding recruitment also no qualified candidates belonging to the Scheduled Castes, or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women are available for appointment to all or any of the additional vacancies which are so reserved in that succeeding recruitment year, an equal number of vacancies shall again be reserved in the next succeeding recruitment year for the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women in addition to the number of vacancies that may be available for the next succeeding recruitment for the Scheduled Castes or Scheduled Tribes or Backward Classes or Women.

Provided further that in the third succeeding recruitment if qualified candidates belonging to Scheduled Tribes or as the case may be Scheduled Castes, are not available, a vacancy reserved to be filled by a candidate belonging to Scheduled Tribes may be filled by a candidate belonging to Scheduled Castes and a vacancy reserved to be filled by a candidate belonging to Scheduled Castes may be filled by a candidate belonging to Scheduled Tribes and if a qualified candidate belonging to a particular group of Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) is not available for appointment, the vacancy reserved to that group shall accrue to the next group. [27][x x x x]

(III) If any additional vacancy or vacancies reserved in favor of candidates belonging to the Scheduled Castes or Scheduled Tribes or Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) or Women in any recruitment in accordance with the provisions in Clause (II), appointments thereto shall be made before the appointments in the order of rotation for the relevant recruitments are made.

(i) At no selection for recruitment other than any limited recruitment made in accordance with the provisions of sub-rule (g), the number of reserved vacancies including the additional vacancies reserved under sub-rule (h), shall exceed 52 % of the total number of vacancies for the selection; and all vacancies in excess of 52 % of the total number of vacancies for which recruitment is made on any particular occasion shall, notwithstanding anything in this rule, be treated as unreserved;

Provided further that the carry forward vacancies and current reserved vacancies in a recruitment year shall be available for utilization even where the total number of such reserved vacancies exceeds 52 % of the vacancies filled in that recruitment, in case the overall representation of the Scheduled Castes, Scheduled Tribes, Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) and Women in the total strength of the concerned grade of cadre, has not reached and prescribed percentage of reservation of 15 % for the Scheduled Castes, 6 % for the Scheduled Tribes, 7 % for Backward Classes (Group-A), for Backward Classes (Group-B), 1 % for Backward Classes (Group-C), 7 % for Backward Classes (Group-D) respectively.

(j) Where there is only a single solitary post borne on the class, or category of a service, the rule of special representation shall not apply for appointment to such post, notwithstanding anything contained in the foregoing sub-rules.

Provided that the rule of special representation shall be applicable for appointment if the number of posts borne on the cadre, category or grade is more than one, even though selection is to be made against only one vacancy at any recruitment other than limited recruitment.

(k) In respect of appointments by promotion or recruitment by transfer from Subordinate Service to State Service, where such appointments or recruitment by transfer is required to be made on the principle of merit and ability, seniority being considered only where merit and ability are approximately equal, the claims of any members of the Scheduled Castes and Tribes shall be considered for such appointment on the basis of seniority subject to fitness.

Provided that a member of the Scheduled Caste or the Scheduled Tribe possessing superior merit and ability shall be allowed to supersede not only others but also the members of Scheduled Castes or Scheduled Tribes as the case may be.

Note : (1) The principle of carry forward of vacancies in respect of Backward Classes (Group-A), (Group-B), (Group-C) and as the case may be (Group-D) shall be with effect from the 18th March, 1996.

(2) The principle of carry forward of vacancies in respect of women shall be with effect from the 28th October, 1996.

(3) The principle of roster points for women candidates shall be with effect from the 1st August, 1996.

Rule - [22-A. Preference in Appointment.

Notwithstanding anything contained in these rules or special rules or Ad hoc rules.

(1)     In the matter of direct recruitment to posts for which women are better suited than men, preference shall be given to women:

Provided that such absolute preference to women shall not result in total exclusion of men in any category of posts.

(2)     In the matter of direct recruitment to posts for which women and men are equally suited, there shall be reservation to women to an extent of 33 1/3 % of the posts in each category of Open Competition, Backward classes (Group-A). Backward Classes (Group-B), Backward Classes (Group-C), Backward Classes (Group-DJ, Scheduled Castes, Scheduled Tribes and Physically Handicapped and Ex-servicemen quota.

(3)     In the matter of direct recruitment to posts which are reserved exclusively for being filled by women, they shall be filled by women only.

Note: (1) The principle of reservation for women candidates to the extent of 30 % in the matter of direct recruitment shall be from 02-01-1984 to 27-05-1996

(2) The principle of reservation for women candidates to the extent of 33 1/3 % in the matter of direct recruitment shall be with effect from the 28th May, 1996 (G.O. Ms. No. 237, General Administration (Services-D) Department, dated 28-05-1996).[28]

Rule - 23. Appeal Revision and Review of orders of Appointment (including Promotion) to Higher Posts.

An order appointing a member of a service or class of service or category, to a higher post by transfer or by promotion may, within a period of six months from the date of such order, be revised by an authority to which an appeal would lie against the order of dismissal passed against a member of a service, class or category, such revision may be made by the appellate authority aforesaid, either on its own motion or on an appeal filled by the aggrieved member of the service, class or category:

Provided that the Government may, irrespective or whether they are the appellate authority or not, revise such order of appointment after the expiry of the period of six months aforesaid, for special and sufficient reasons to be recorded in writing:

Provided further that no order or revision under this rule shall be passed unless the person likely to be affected by such revision is given an opportunity of making his representation against the proposed revision.

[29]["Provided also that a member of service may submit a revision petition against the order of the Appellate Authority, within three months of the order passed by the Appellate Authority, to the Government"]

Rule - 24. Revision of list of approved candidates (Panels) or list of eligible candidates for appointment by promotion or by transfer.

(a)      The State Government shall have the power to revise in any manner they consider suitable, any panel of approved candidates for appointment by transfer or by promotion to any category class or service, prepared by a Head of the Department or any other authority subordinate to the Head of the Department, in exercise of the powers conferred on them by the special rules or these rules:

Provided that before revision of the panel is undertaken the cases for review should be placed before the D.P.C/Review D.P.C./Screening Committee and their recommendations obtained:

Provided that where the panel is prepared by an authority subordinate to a Head of the Department, in exercise of the powers conferred on him by the Special Rules, the aforesaid power of revision may be exercised by the Head of the Department. This will not preclude the State Government from exercising the powers of the revision aforesaid, against the orders either of the Head of the Department or of any other subordinate authority aforesaid.

(b)      The State Government and the Head of the Department shall have power to revise in any manner they consider suitable, any list of eligible candidates for promotion to any category, class or service in respect of the subordinate service, prepared in accordance with rule-5. The aforesaid power of revision by the State Government could be exercised by them in respect of an order passed by the Head of the Department or by any other subordinate authority.

(c)      The aforesaid power or revision mentioned in sub rule (a) and sub-rule (b), may be exercised by the State Government or by the Head of the Department on their own motion, at any time, or on an application made by the aggrieved person, within a period of six months from the date of the order of appointment or promotion of a person Junior to the aggrieved person:

Provided that the time limit of six months aforesaid may, for good and sufficient reasons to be recorded in writing, be waived by the State Government:

Provided further that where the panel referred to in sub-rule (a) has been partially utilized, any order of revision likely to affect a person who has already been appointed from such panel, shall be given an opportunity of making his representation against the proposed revision, before any order of revision is passed:

Provided also that if any revision of list of eligible candidates mentioned in sub-rule (b) is likely to affect a person already promoted from the aforesaid list of eligible candidates, he shall be given an opportunity of making a representation against the proposed revision before any order of revision is passed:

Provided also that where a panel has been prepared on the basis of the recommendations made by a DPC / Screening Committee any revision of such panel shall be made only after consultation with such D.P.C. / Screening Committee.

Rule - 25. Review.

The State Government may, of their own motion or otherwise, review any original order passed by them, promoting a member of a service or class, to a higher post or approving a panel of candidates for appointment or promotion to any category, class or service, prepared by them, or any order of revision passed by them under rule 24, if it was passed under any mistake, whether of fact or of law, or in ignorance of any material fact or for any other sufficient reason:

Provided that no order of review under this rule shall be passed unless the person affected or likely to be affected thereby is given an opportunity of making his representation against the proposed review.

Rule - 26. Appeal against seniority or other conditions of service.

(a)      Except where other-wise provided in these or the special rules, an appeal shall lie against an order fixing the seniority of a person or affecting any conditions of service, passed by the appointing authority, to the authority to whom an appeal would lie against an order of dismissal passed against the member of the service, class or category.

 

(b)      The powers in sub-rule (a) shall be exercised by the Head of the Department, if he is not the appellate authority, or by the State Government on its own motion, or on an appeal received by the Head of the Department or the State Government, as the case may be.

 

(c)      The appellate authority, if it is not the Head of the Department or the Government, shall dispose of such appeal within a maximum period of one year. If the appeal has not been disposed of within the aforesaid period, the Head of the Department or the State Government may intervene in the matter, for sufficient reasons to be recorded in writing and take such action as may be considered necessary by them in the matter.

 

(d)      No appeal for restoration of seniority or assignment of notional seniority on par with his junior shall be entertained by the appellate authority after a period of 90 days from the date on which junior was promoted.

[30]["(e) A member of service may submit a revision petition against the order of the Appellate Authority, within three months of the orders passed by the Appellate Authority, to the Government"].

Rule - 27. Appointment of All India Service Officers and APAS Officers to posts in the State Services :

(a)      Notwithstanding anything contained in these rules or the special rules an officiating or permanent member of the All India Services may be appointed to any post in any State service subject to the provisions of the All India Service Rules. Such an officer shall not by reason of such appointment, cease to be a member of the All India Service concerned.

(b)      Notwithstanding anything contained in these rules or the special rules an officiating or permanent member of the APAS may be appointed to any post in any State service subject to the provisions of the APAS rules. Such an officer shall not by reason of such appointment cease to be a member of the APAS.

Rule - 28. Relinquishment of rights by members:

Any member of a service may, in writing, relinquish any right or privilege to which he may be entitled to, under these rules or the special rules, if, in the opinion of the appointing authority such relinquishment is not opposed to public interest. Such relinquishment once made will be final and irrevocable. Nothing contained in these rules or the special rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished:

Provided that no conditional relinquishment or relinquishment of right for a temporary period shall be permitted.

Rule - 29. Re-employment of members of service discharged on account of their suffering from T.B. etc.

(a)      A member of the State or Subordinate Service discharged on account of his suffering from T.B. or such other diseases as may be specified by the Government from time to time, shall be eligible for re-appointment to the post held by him prior to his discharge as aforesaid or to a post of the same rank and status in the department concerned, if he is declared non-infective and medically fit for Government service by the Medical authority, authorized for this purpose by the State Government.

 

(b)      For the purpose of determining whether any such member possesses the age qualification, where such age qualifications are prescribed in the special rules or these rules the period of his service in the post held by him prior to his discharge shall be deducted from the actual age and if the age so computed does not exceed the prescribed age limit by more than three years, he shall be deemed to be with the prescribed age limit.

 

(c)      On re-appointment of any such member the actual service rendered by him prior to his discharge from service, shall count for purposes of seniority and pay. to the extent to which it would have been counted for the said purposes had he not been discharged. The break in service between the date of discharge and the date of reappointment shall not, however, count for any purpose, but his service shall, otherwise, be regarded as continuous. On re-appointment of such a member to the same post or to a post of the same rank and status the service which has not been counted for increments before, up to a maximum of one year and any leave to his credit under the leave rules by which such member was governed at the time of his discharge, shall also be allowed to be carried over to his account.

 

(d)      The provisions of this rule shall have effect notwithstanding anything contained in these rules or the special rules applicable to the concerned members of a service.

Rule - 30. Resignation:

(a)      A member of a service may resign his appointment and the acceptance of his resignation by the appointing authority shall take effect.

(i)       in case he is on duty, from the date on which he is relieved of his duties in pursuance of such acceptance:

(ii)      in case he is on leave, from the date of communication of such acceptance to the member or if the said authority so directs, from the date of expiry of leave; and

(iii)     in any other case, from the date of communication of such acceptance to the member or from such other date, not being earlier than the date on which he was last on duty, as the said authority may, having regard to administrative exigencies, specify.

[31]["Provided that the resignation of a Member of a Service shall not be accepted against whom disciplinary proceedings are instituted as per the provisions of the Andhra Pradesh Civil Services (Classifications, Control and Appeal) Rules, 1991 or investigation, inquiry or trial is initiated"].

Provided further that a member of a service may with draw his resignation before it takes effect.

Provided also that no withdrawal of resignation shall be permitted except with the sanction of the Government, if the withdrawal is made after the resignation takes effect.

(b)      If the resignation of a member of a service has been accepted, but has not taken effect and he withdraws his resignation before it has taken effect, he should be deemed to be continuing in service. If the person is permitted to withdraw his resignation after it has taken effect and is reappointed to the post from which he resigned, such reappointment shall be subject to the conditions specified in sub-rules (c) and (d).

(c)      A member of service, shall, if he resigns his appointment, forfeit not only the service rendered by him in the particular post held by him at the time of resignation but all his previous service under the Government.

(d)      The reappointment of a person, who has resigned from Government service and who is reappointed to any service, shall be treated in the same way as a first appointment to such service by direct recruitment and all rules governing such appointment shall apply; and on such reappointment, he shall not be entitled to count any portion of his previous service for any benefit or concession admissible under any rule or order.

Provided that nothing contained in this rule shall affect the operation of clause (b) of Article 418 or Article 422 of the Civil services Regulations or of any other rules similar thereto for the time being in force.

(e)      Where a member of a service is selected for appointment by direct recruitment to another post, category or class in the same or different service and is appointed to it, his lien on the service or his probationary right, if any, in the post of the service under the State Government, which he was holding prior to such appointment by direct recruitment, shall be retained for a period of three years or until he becomes an approved probationer in the post, category or class in the same or different service of this State Government, to which he has been selected, whichever is earlier; and if before the expiry of three years he is not an approved probationer in the post to which he was selected for appointment by direct recruitment, in the same or different service of the Government, unless he reverts to the parent Department, he shall be deemed to have resigned from the service of which he was a member prior to such appointment by direct recruitment with effect from the date on which the three years period expires.

Provided that nothing in this sub-rule shall affect the benefits accrued to such member of a service or services in the previous post or posts, except the lien or probationary right, as the case may be, on such post or posts.

Provided further that where a member of a service is selected for appointment by direct recruitment to a post under the service of the Government of India or any other State Government, his lien on a post or probationary right, if any, in the State Government shall be retained for a period of three years or until he becomes an approved probationer in the service of the Government of India as the case may be whichever is earlier, and if before the expiry of three years he is not an approved probationer in any post under the service of that other Government as the case may be, unless he reverts to the services of the State Government, he shall be deemed to have resigned from the service of which he was a member prior to such appointment by direct recruitment, with effect from the date on which the three years period expires.

Rule - 31. Relaxation of rules by the Governor.

Notwithstanding anything contained in these rules or in the special rules, the Governor shall have the power to relax any rules contained in these rules or special Rules, in favor of any person or class of persons, in relation to their application to any member of a service or to any person to be appointed to the service, class or category or a person or a class of persons, who have served in any civil capacity in the Government of Andhra Pradesh in such manner as may appear to be just and equitable to him, where such relaxation is considered necessary in the public interest or where the application of such rule or rules is likely to cause undue hardship to the person or class of persons concerned.

Rule - 32. Relaxation of Rules by the Head of the Department.

(a)      Notwithstanding anything contained in these rules or in the special rules and Simultaneously without prejudice to the power of the Governor under rule 31, the Head of the Department shall also have the power to relax any rule or rules in these rules or in the special rules in favor of any person or class of persons or category of persons for being appointed to or of any person or class of persons who have served or are serving in any civil post or posts carrying a scale of pay less than that of Junior Assistant in his department in so far as such cases relate to transfer, promotion or the service conditions governed by these rules or special rules in such manner as may appear to him to be just and equitable in the public interest or where he considers the application of such rule or rules would cause undue hardship to the person or persons concerned.

Provided that nothing in this sub-rule shall apply in regard to the appointment by transfer of a person who is not qualified for such appointment to the post of Junior Assistant or equivalent post in the A.P. Ministerial or any other Subordinate Service.

Explanation: This rule shall be applicable to posts which carry a scale of pay or pay less than that of a Junior Assistant and not to posts of Junior Assistants or any other post carrying an equivalent scale of pay.

(b)      Notwithstanding anything contained in rule 31 or sub-rule (a), the State Government, may, of their own motion or otherwise, review the orders of relaxation issued in Rule 31 or sub-rule (a) or cancel any such relaxation orders, within a period of six (6) months from the date of issue of such relaxation orders, if it is found that the said orders were passed under any mistake, whether of fact or of law, or in ignorance of any material fact or for any other sufficient cause to be recorded in writing:

Provided that no order consequent on such review, or an order to cancel the relaxation orders, under this sub-rule shall be issued unless the person affected thereby is given an opportunity of making his representation against the proposed review or cancellation.

Rule - 33. Seniority.

(a)      The seniority of a person in a service, class, category or grade shall, unless he has been reduced to a lower rank as a punishment, be determined by the date of his first appointment to such service, class, category or grade.

Provided that the seniority of a probationer or approved probationer in a service, class or category from which he stood reverted on the 1st November, 1956 or prior to that date, shall be determined in the statewide gazetted posts and the non-gazetted posts in the Departments of the Secretariat and the offices of the Heads of Departments with reference to the notional date of continuous officiating with or without breaks in that service, class or category prior to the 1st November, 1956 to the date of re-appointment made thereafter, but it shall not disturb the inter se seniority which obtained in the Andhra State. (This proviso shall be in force till 31st October, 1996).

(b)      The appointing authority may, at the time of passing an order appointing two or more persons simultaneously to a service, fix either for the purpose of satisfying the rule of reservation of appointments or for any other reason the order of preference among them; and where such order has been fixed, seniority shall be determined in accordance with it.

Provided further that the order of merit or order of preference indicated in a list of selected candidates prepared by the Public Service Commission or other selecting authority, shall not be disturbed inter se with reference to the candidates position in such list or panel while determining the seniority in accordance with this rule and notional dates of commencement of probation to the extent necessary, shall be assigned to the persons concerned, with reference to the order of merit or order of preference assigned to them in the said list.

(c)      Whenever notional date of promotion is assigned, such date of notional promotion shall be taken into consideration for computing the qualifying length of service in the feeder category for promotion to the next higher category and that the notional service shall be counted for the purpose of declaration of probation also in the feeder category.

(d)      The transfer of a person from one class or category of a service to another class or category of the same service, carrying the same pay or scale of pay shall not be treated as first appointment to the latter class or category for purpose of seniority and the seniority of a person so transferred shall be determined with reference to the date of his regular appointment in the class or category from which he was transferred . Where any difficulty arises in applying this sub-rule, seniority shall be determined by the Government, if they are the appointing authority and in other cases, the authority next higher to the appointing authority shall determine the seniority.

(e)      Where a member of a service, class or category is reduced for a specific period, to a lower service, class or category or grade.

(i)       in cases where the reduction does not operate to postpone future increment, the seniority of such member on re-promotion shall, unless the terms of the order of punishment provides otherwise, be fixed in the higher service, class or category at which it would have been fixed but for his reduction;

(ii)      in cases where the reduction operates to postpone future increment, the seniority of such member on re-promotion shall, unless the terms of the order of punishment provide otherwise, be fixed by giving credit for the period of service earlier rendered by him in the higher service, class or category.

(f)       Seniority of a retrenched and re-appointed person.The seniority of a member of a service who is re-appointed after having been retrenched, owing to reduction of staff as a measure of economy, shall be determined in accordance with the date of such re-appointment.

Provided that the inter se seniority of such members absorbed in the same service, class or category shall be determined.

(i)       in any case in which re-appointment of such members was made in consultation with Public Service Commission or the other selecting authority, in accordance with the order of merit or the order of preference indicated by the said Public Service Commission or other selecting authority; and

 

(ii)      in any other case, in accordance with the total length of service, in the same equivalent or higher service, class or category put in by such member prior to retrenchment.

(g)      The seniority of an approved candidate who takes up military service before joining his appointment to any service, class or category shall, on his appointment to such service, class or category, on his return from the said military service, be determined in accordance with the order of preference shown in the authoritative list of candidates approved for appointment to the service, class or category.

Rule - 34. Preparation of integrated or common seniority list of persons belonging to different units of appointment:

Where an integrated or common seniority list of a particular class, or category or grade in any service belonging to different units of appointment has to be prepared for the purpose of promotion or appointment by transfer to a class or category having different units of appointment or for any other purpose, such an integrated or common seniority list shall be prepared with reference to the provision of sub-rule (a) of rule 33, provided that the seniority list of the persons inter se belonging to the same units shall not be disturbed.

Explanation : The principle specified in this rule shall be applicable even where a common integrated list is required to be prepared for categories in different services, classes or categories.

Rule - 35. Fixation of seniority in the case of transfers on request or on administrative grounds :

(a)      the seniority of a member of a service, class or category transferred from one unit of appointment to another unit of appointment, on administrative grounds, shall be, determined with reference to the date of seniority of such member in the former unit.

(b)      The seniority of a member of a service, class or category, who is transferred on his own request from one unit of appointment to another unit of appointment shall be fixed with reference to the date of his joining duty in the latter unit of appointment.

Rule - 36. Inter se seniority where the dates of commencement of probation are same:

The seniority of the persons in the service shall be determined as follows :

(i)       In respect of the candidate selected by the Andhra Pradesh Public Service Commission or other selecting authorities by direct recruitment, shall be with reference to their ranking assigned irrespective of the date of commencement of their probation in that category;

 

(ii)      In respect of the persons promoted or appointed by transfer (involving promotion), the dates from which they were placed on their probation;

 

(iii)     In respect of persons covered under item (ii) above, in case the date of commencement of probation is the same, whoever is aged shall be the senior;

 

(iv)    In respect of the persons appointed on transfer on administrative grounds, shall be from the date on which the individual was placed on probation in the original department; and

 

(v)      In respect of the persons appointed on request transfer, the date of joining of such person in the new department/unit.

Rule - 37. Seniority of directly recruited candidates, re-allotted in consultation with A.P.P.S.C. :

The candidates re-allotted under sub-rule (c) of Rule-4 shall be assigned seniority below the last regular candidate in the concerned class or category in the unit to which such candidate is re-allotted.

Rule - 38. Postings and Transfers :

(a)      A member of a State Service or class of a State Service may be posted to any post borne on the cadre of such service or class of service anywhere in the State.

Provided that such postings and transfers shall be limited to the territorial jurisdiction of the local cadres specified In accordance with or in pursuance of the Presidential Order, where applicable, or to the units of appointment, if any, specified in the Special Rules.

(b)      A member of a Subordinate Service or a class of such service may be posted to another post borne on the cadre of such service or class of such service, within the unit of appointment specified in the special rules and subject to the provisions of the Presidential Order.

(c)      All transfers and postings of a member of State or Subordinate Service shall be made subject to sub-rules (a) and (b) by the appointing authority or such other authority subordinate to the appointing authority, specified in the special rules or to whom the appointing authority has delegated such powers of postings and transfers:

(i)       Provided that such power will be exercised by the appointing authority or the authority to whom the power has been delegated, within their respective Jurisdiction but subject to the units of appointment under the Presidential Order, applicable to the relevant post.

(ii)      Provided further that the Head of the Department may transfer a member of a service from the unit of one appointing authority to the unit of another appointing authority, where the Presidential Order is not applicable.

(iii)     Provided also that where the appointing authority is not the State Government, any authority to whom the appointing authority is administratively subordinate will, in respect of any post within the jurisdiction of the appointing authority, also be competent to effect transfers and postings to a post within the jurisdiction of such appointing authority within the units of appointment specified in the special rules and subject to the provisions of the Presidential Order.

(iv)    Provided also that where the State Government are the appointing authority in respect of the members of the State Services, the Head of the Department who is competent to grant leave to such members under F.R. 66 or H.C.S.R. 374 shall also be competent to issue reposting order in respect of those members on return from leave.

 

(v)      Provided also that unless otherwise stipulated in any special rules or ad hoc rules, the State Government may, on its own motion or on a proposal received from a Head of the Department, order, for sufficient reasons to be recorded in writing, the transfer of members of the State or Subordinate Services from the local cadres organized in pursuance of the Presidential Order, to the office of the concerned Head of the Departments and offices notified under the said Order as State Level Offices of Special Offices or Major Development projects and vice-versa. The seniority of any member of the service who is so transferred on administrative grounds shall be fixed in the unit to which he is transferred with reference to the date of his appointment in the office from which he is transferred and the seniority of any member of the service who is transferred at his own request shall be fixed with reference to the date of his joining in the unit to which he is transferred.

 

(vi)    Notwithstanding anything in these Rules, or the special or the ad hoc rules, transfer of a person holding post in a category organized into local cadre, under paragraph 3 of the Andhra Pradesh Public Employment (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 1975, as amended, from one local cadre to another may be made by the Government.

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

(b)      on reciprocal basis, subject to the condition that transferee shall be assigned seniority with reference to the date of transfer in the cadre to which he is transferred".

Provided also that the Head of the Department may transfer on tenure, from a local cadre to a post to which the Presidential Order does not apply, where such posts are required to be filled on tenure basis from such local cadres and retransfer him to his local cadre.

(c)      A member of a State or Subordinate Service or a class of such service may be required by the appointing authority or any other authority superior to such appointing authority, to serve in any post borne on the cadre of any body wholly or substantially owned or controlled by the Government.

Rule - 39. Savings:

(a)      (i) Unless a contrary intention is expressly indicated therein, nothing contained in these rules shall adversely affect any person who was a member of any service on the date of the coming into force of these rules.

(ii) Unless a contrary intention is expressly indicated therein, nothing contained in any amendments to any special rules governing a service, shall adversely affect any person who was a member of such service on the date of the coming into force thereof.

(b)      Subject to the provisions of sub-rules (c) and (d) where these rules or the Special rules would adversely affect in respect of any matter, a person who was a member of any service before the date of coming into force thereof, he shall in respect of the post held by him immediately prior to such date be governed by the rules and orders, if any, which were applicable to him immediately prior to such date.

(c)      A person who was on duty, otherwise than in a substantive capacity in a post, which was subsequently included in a service shall be regarded as a probationer or, as the case may be, as an approved probationer in the service or the class or category thereof in which the post is included and in the lower category, if any, in which he would have been on duty but for his being on duty in a higher category, if he.

(i)       was on duty in such post on the date of issue of the special rules for that service: or

(ii)      was absent from duty in such post on that date, on leave granted by a competent authority, having been on duty in such post immediately before and immediately after such absence.

Provided that if there were no rules or orders prescribing the period of probation for such post at the time of his first appointment thereto, the provisions of these rules and of the special rules regarding probation shall apply to him and any period of duty rendered by him in such post before the date of issue of such rules shall count towards probation, if any to the extent such service would have counted had these rules and the special rules come in to force at the time of such first appointment.

(d)      A person, who, before the issue of the special rules for a service had officiated in a post which was subsequently included in the service, class or category thereof, but who is not entitled to be regarded as probationer or as an approved probationer under sub-rule (c) shall, if he is again appointed to such post, after the issue of the special rules without contravening any orders of the State Government, be entitled to count his previous service in such post towards the prescribed period of probation.

Provided that such previous service shall not count towards probation if there was an interval of a continuous period of two years or more during which he was not holding a post in the same or higher category.

Explanation: The re-appointment of a person under this sub-rule shall not, for the purposes of these rules regulating recruitment, be regarded as first appointment to the service, class or category concerned.

(e)      If, before the issue of the Special Rules, a person had been exempted under the orders then in force, from the possession of any qualification or the passing of such test prescribed by such special rules, they shall not apply to such person to the extent and in respect of the category, grade or post, specially covered by the order of exemption.

(f)       Where a person appointed to a post in accordance with the provisions of Rule 4 of the Hyderabad General Recruitment Rules, was holding such post immediately before the first day of November, 1956 he shall continue to be governed by the provisions of the Hyderabad Cadre and Recruitment Rules and Hyderabad Probationary Rules.

The provisions of this sub-rule shall be deemed to have come into force on the first day of November, 1956 and shall be in force up to 31-10-1996.

(g)      (i) Nothing in these rules or in the Special Rules shall disqualify or shall be deemed to have ever disqualified an employee of the erstwhile Government of Hyderabad who was allotted to the State of Andhra Pradesh under Section 115 of the States Reorganization Act, 1956, on promotion or recruitment by transfer, on or after the 1st November, 1956, to a post one stage above that held by him prior to the said date, if in the opinion of the appointing authority such person would have been qualified for promotion or for appointment to any such post under the Hyderabad Cadre and Recruitment Rules applicable thereto, had recruitment to such post been regulated by the last mentioned rules.

(ii) The promotion or recruitment by transfer on or after the 1st November, 1956 of an employee of the erstwhile Government of Hyderabad under these rules or the special rules of the Hyderabad Cadre and Recruitment Rules, to a post one stage above that held by him prior to that date, shall not in any way affect the protection given in favor of such employee in respect of the beneficial pay scale of promotion or transfer, up to one stage, drawl of increments, pension and other similar matters under the Hyderabad Civil Services Rules.

(iii) The appointment of an employee of the erstwhile Government of Hyderabad, either to an intermediary post for which there was no corresponding post under that Government or to a post by way of second and subsequent promotion on or after the 1st November, 1956, shall be governed only by these rules or the special rules, as the case, may be, and the protection to be afforded to such employee to opt to the beneficial scale of pay on promotion to an intermediary post, which was either in existence on that date or created subsequently in the regular line of promotion, and which is lower than the one to which such employee would have been promoted in the pre-reorganized set up, shall in each case be determined after obtaining the approval of the Government of India.

SCHEDULE -I

(See definition 27 of Rule 2)

PART-A

Scheduled Castes (Definition 28 of Rule 2)

 

PART-B

Scheduled Tribes (Definition 29 of Rule 2)

PART-C

Backward Classes (Definition 7 of Rule 2)

Group - A

GROUP -B

(Vocational)

[37][GROUP-C

Scheduled Castes converts to Christianity and their progeny).

GROUP -D

(OTHER CLASSES)

SCHEDULE - II

Minimum General Educational Qualification

(Referred to in Rule 12 (2))

A candidate is said to possess the Minimum General Educational Qualification if he has passed one of the following examinations.

(1)     Secondary School Certificate Examination conducted by the Board of Secondary Education, Andhra Pradesh, Hyd.

(2)     Indian Army Special Certificate of Education.

(3)     A pass in the Higher Education Test of the Royal Indian Navy

(4)     A pass in the Anglo-Vernacular School leaving certificate (Burma Examination)

(5)     A pass in the Burma High School Final Examination;

(6)     A pass in the Matriculation Examination of the Rangoon University;

(7)     A pass in the Secondary School Certificate Examination conducted by the Government of Bombay;

(8)     A pass in the Admission Examination of the Banaras Hindu University;

(9)     A pass in the Advanced Class (Indian Navy) Examination held in or before 1953;

(10)   A certificate granted by the East Bengal Secondary Education Board, Decca, in any of the following three Examinations conducted by it.

(i)       Matriculation Examination.

(ii)      Higher Madrasha Examination.

(iii)     School Final (Science side examination)

(11)   A pass in the Vidya Vinodini Examination conducted during the period commencing from the year 1946 and ending with May, 1964 by the prayag Mahila Vidyapitha situated at 556, Daraganj, Allahabad and 106, Howett Road, Allahabad, provided the candidate has taken "Advanced English" as one of the optional subjects and produces proof to the satisfaction of the Andhra Pradesh Public Service Commission in cases where appointment has to be made in consultation with it or the appointing authority in other cases, that the candidate has adequate knowledge of one of the language of the Andhra Pradesh State.

(12)   Successful completion of two years course at the Joint Services Wing of the National Defence Academy provided that the Cadet's discontinuance of the course at the Academy on completion of the two years was not due to academic reasons;

(13)   A pass in the High School Examination of the Aligarh University;

(14)   Cambridge School Certificate Examination (Senior Cambridge);

(15)   European High School Examination, held by the State Government.

(16)   Tenth Class Examination of the Technical Higher Secondary School Delhi Polytechnic;

(17)   Pass in the preparatory Examination of the Delhi University;

(18)   School leaving Examination of the Government of Nepal;

(19)   A pass in the Vidyadhikari Examination of Gurukula Kanigiri-Viswa Vidyalaya.

(20)   A pass in Ceylon Senior School Certificate Examination.

(21)   A pass in the following French Examinations of Pondicherry;

(i)       Brevet Elementaries;

(ii)      Brevet D' Etudes dupremier Cycle;

(iii)     Brevet D' enseighment Premaire Superior de languo Indienns, and (iv) Brevet de langu Indienn (Vernacular).

(22)   A Certificate of Post-Basic Education awarded by a post-Basic School.

(23)   General Certificate of Education of Ceylon at Ordinary level, provided that the candidate has passed in six subjects including English, Mathematics and either Sinhaless or Tamil;

(24)   A pass in the Secondary School leaving Certificate of Kerala State;

(25)   A pass in the Secondary School Certificate Examination (New Pattern 1967) (10 years course) of Madya Pradesh State;

(26)   A pass in HSLC Examination conducted by the Board of Secondary Education, Manipur.

(27)   A compartmental pass in SSLC Examination of Government of Kerala;

(28)   A pass in Matriculation Examination of Haryana State conducted by the Board of School Education, Haryana.

(29)   A pass in the Secondary School Leaving Certificate Examination of Mysore State.

(30)   A pass in any other examination declared as equivalent to SSC examination by the Government of Andhra Pradesh.

(31)   A pass in HSC examinations conducted by the Board of School Examination of Nagaland (G.O. Ms. No. 982 Edn. (K 2) Dept., dated 6-10-1977).