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Governmentof Andhra Pradesh
Governmentof Andhra Pradesh
ABSTRACT
G.O.Ms.No.225 Dated:18-05-1999.
ORDER:
In the reference first read above anadhoc rule was issued as follows;
3. Certain employees have challengedthe adhoc rule and the clarifications thereon
in the court of Law. The Andhra PradeshAdministrative Tribunal in its directions in
O.A.No.7612/1998 referred to the Judgement ofthe High Court of Andhra Pradesh
and observed as follows:
"The petitioners before theHigh Court in WP No.26310/98 also got promotions from
the category of LDCs to the categoryof Superintendents and the High Court directed
that their cases should be considered forfurther promotion to the post of Assistant
Registrar/Assistant Controller/AdministrativeOfficer. Though the High Court has not
specifically considered the legality of theclarification at Sl.No.5 in
Memo.No.10922/Ser.C/98, dated 26-03-98 when it was contendedthat the
petitioners in the Writ Petition are not entitled for exemption from passingAccounts
Test as they were promoted earlier as Superintendents even though they did
notpass Accounts Test, the High Court observed as follows:
5. The adhoc rule here by made shallbe deemed to have come into force with effect
from 22nd April, 1997.
NOTIFICATION
In exercise of the powers conferredby the proviso to article 309 of the Constitution
of India and of all other powershereunto enabling the Governor of Andhra Pradesh
hereby makes the following Adhoc-rulenamely:
Adhoc Rule:
Provided that the persons whoalready got a promotion once where no tests are
prescribed for the higher post, theexemption is not applicable to him or her if he or
higher category where tests areprescribed. (This adhoc rule is applicable from the
panel year 1997-98).
Provided further that the exemptionis applicable in case of departmental tests or
special tests only, where they areprescribed as a pre-requisite for promotion and
this exemption shall not be applicablewhere like technical or academic
qualifications are prescribed for promotion to the nexthigher category of posts.
Provided also that the exemptionshall not be applicable for declaration of probation,
where passing of departmental testsof special tests is a pre-condition for
declaration of probation.
N.V.H.SASTRY
SECRETARY TO GOVERNMENT
To
Copy to:
The Genl.Admn. (Ser.Wel) Dept.
// Forwarded by Order//
SectionOfficer