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Wednesday, 6 December 2017

Municipal Education - clarification on seniority of Teachers working in ULBs Memo No.881534 dt.01.12.17

1. The teachers transferred from one local unit to another local unit as per G.O. 610, are being shown above the 1st rank holder of that particular Unit of appointment on the ground that the transfer is on administrative reasons. Hence, it is requested that the seniority of the persons so repatriated as excess from other local cadre is to be fixed based on the marks obtained in the particular DSC Exams as the examination is one and the same in all the Districts so that the local seniority will not get
disturbed.
ii. To restore the original seniority of the person who has been transferred from one Urban Local Body to another Urban Local Body in the same district on personal reasons as the Government has made the District as Unit for administrative convenience for making future appointments.
iii. Not to disturb the seniority assigned by the Panel Committee.
IV. The inter-se-seniority is to be fixed in one unit of appointment duly taking into consideration the DSC Rank obtained by the individuals and date of birth.
v. To draw the seniority of a particular unit of appointment taking into the merit rank assigned to the individuals by the DSC, but not the marks obtained by the individual.
vi. To consider the individual who relinquishes his promotion on first occasion for the next panel. If he relinquishes the promotion for the second time also, the case of such person shall not be considered in future.
Vll. Not to disturb the roster points assigned to the individuals, if there are only single Corporation/ Municipality exists in the District.
2. Government after careful examination of the representations and keeping in view of the rules/ regulations on service matters and provisions of the A.P. State and Subordinate Service rules, 1996 hereby issue the following clarifications.
a) Rule 34: PREPARATION OF INTEGRATED OR COMMON SENIORITY
LIST OF PERSONS BELONGING TO DIFFERENT UNITS OF
APPOINTMENT: 
Whereas 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.
b) Rule 33. SENIORITY: (al 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.
c) Rule 35. FIXATION OF SENIORITY IN THE CASE OF TRANSFERS ON
REQUEST OR ON ADMINISTRATIVE GROUNDS:
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.
d) Rule 33 (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.

e) 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.

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