AP Public Employment Order Organisation of Local Cadres Act 2023

AP Public Employment Order Organisation of Local Cadres Act 2023 AP Public Employment Order Organisation of Local Cadres and Regulation of Direct Recruitment 2023 Revision of AP Zones Mukti Zones Draft Copy Suggestions of employees service associations on Draft Presidential Order

DRAFT A.P. PRESIDENTIAL ORDER

 

Short Title, extent and Commencement :-

This order may be called the Andhra Pradesh Public Employment, (Organization of Local Cadres and Regulation of Direct Recruitment) Order, 2023.

It extends to the whole of the State of Andhra Pradesh.

It shall come into force at once.

Interpretation:-

In this Order, unless the context otherwise requires,-

• "Capital Area" means the part of the State comprising the territories notified by the State Government.
• "Direct Recruitment" Includes recruitment made on a temporary basis but does not include recruitment made in pursuance of any scheme approved by the State Government providing for the regularisation of the services of persons holding posts on a temporary basis before the commencement of this Order ;
• "District " means a revenue district for all Departments.
• "Local Area" in relation to any local cadre, means the local area specified in paragraph 6 for direct recruitment to posts in such local cadre.
• "Local Authority" does not include any local authority which is not subject to the control of the State Government ;
• "Local Cadre" means any local cadre of posts under the State Government organised in pursuance of paragraph 3, or constituted otherwise for any part of the State.
• "Local Candidate" in relation to any local area, means a candidate who qualifies under paragraph 7 as a local candidate in relation to such local area,
• (Major Development Project) means a development Project the cost or the estimated cost of which exceeds Rs. 500 crores and notified as such by the State Government:
• "Multi-Zone" means the multi-zones specified in the Schedule comprising the territories mentioned therein;
• "Schedule" means a Schedule appended to this order
• "Special Office or Establishment" means an Office or Establishment notified as such by State Government;
• "State" means the State of Andhra Pradesh;
• "State Government" means the Government of Andhra Pradesh;
• "State-Level Office or Institution" means as office or institution serving, or the jurisdiction of which extends to the State as a whole and notified as such by the State Government;
• "Zone" means a zone specified in the Schedule appended to this Order, comprising the territories mentioned therein

The General Clauses Act, 1897 (10 of 1897) applies for the interpretation of this Order as it applies for the interpretation of a Central Act.

 

Organization of local cadres :— 

The State Government shall within a period of twenty seven months from the commencement of this Order, organize classes of posts in the civil services of and classes of civil posts under the State into different local cadres for different parts of the State to the extent and in the manner, hereinafter provided.

 

Provided that, notwithstanding the expiration of the said period, the President may by order, require the State Government, whenever he considers it expedient so to do, to organize any classes of posts in the civil services of and clauses of civil posts under the State into different local cadres or different parts of the State.

 

The posts belonging to the category of Junior Assistant and each of the other categories equivalent to or lower than that of a Junior Assistant in each department in each district shall be organized into separate cadre.

 

Explanation:— For the purposes of this sub-paragraph, sub-paragraph (1) of paragraph 6, and sub-paragraph (1) of paragraph 8, a category shall be deemed to be equivalent to or lower than that of a Junior Assistant if the minimum of the scale of pay of a post belonging to that category or where the post carries a fixed pay, such fixed pay is equal to or lower than the minimum of the scale of pay of a Junior Assistant.

 

The posts belonging to each category above the category of Junior Assistant and up to and inclusive of the category of Superintendent and each of the other equivalent categories in each department and also the category of First level Gazetted and each of the other equivalent categories in each department in each Zone shall be organized into a separate cadre.

 

Explanation:- For the purposes of this sub-paragraph, sub- paragraph (2) of paragraph 6 and sub-paragraph (2) of paragraph 8, a category shall be deemed to be equivalent to or lower than that of a Superintendent and also the category of First level Gazetted and each of the other equivalent categories in each department, if the minimum of the scale of pay of a post belonging to that category or where the post carries a fixed pay, such fixed pay is equal to or lower than the minimum of the scale of pay of a Superintendent or First level gazetted.

 

The posts belonging to each category above the category of Superintendent or above the category of first level gazetted and up to and inclusive of the category of Deputy Collector and each of the other equivalent categories in each department in each Multi-Zone shall be organized into a separate cadre.

 

Explanation:- For the purposes of this sub-paragraph, sub- paragraph (3) of paragraph 6 and sub-paragraph (3) of paragraph 8, a category shall be deemed to be equivalent to or lower than that of a Deputy Collector if the minimum of the scale of pay of a post belonging to that category or where the post carries a fixed pay, such fixed pay is equal to or lower than the minimum of the scale of pay of a Deputy Collector.

 

Notwithstanding anything contained in sub-paragraphs (2),and (3), the State Government may, where it considers it expedient to do so, organize the posts belonging to any of the categories referred to therein, in any department, or any establishment thereof, in two or more contiguous districts (either full or part) or zones, as the case may be, into a single cadre.

 

In organizing a separate cadre in respect of any category of posts in any department for any part of the State, nothing in this Order shall be deemed to prevent the State Government from organizing or continuing more than one cadre in respect of such category in such department for such part of the State,

 

Where the State Government is satisfied that it is not practicable or expedient to organise local cadres under this paragraph in respect of any non gazetted category of posts in any department, it may, by notification, make a declaration to that effect and on such declaration the provisions of this paragraph shall not apply to such category of posts.

 

Allotment of Persons:-

• Persons holding posts required to be organised into local cadres shall be allotted to such cadres by the State Government or any officer or authority authorised by it in this behalf in accordance with the principles and procedure hereinafter specified.
• In allotting persons to local cadres due regard shall be had to all or any of the following, namely:
• the administrative needs of the posts in the local cadres :
• the need for the composition of balanced local cadres with reference to age and seniority groups;
• the length of service of the persons concerned in the part of the State for which the local cadre is organised.
• knowledge of the persons concerned of the language spoken and the law in force in the part of the State for which the local cadre is organized; e) preference of the persons concerned for allotment to any local cadre, where feasible.
• The State Government may, in respect of different departments and different categories of posts, constitute committees to advice on the allotment of persons to local cadres.
• Any person aggrieved by an order allotting him to any local cadre may submit a representation to the State Government within a period of sixty days from the Date of communication of the order.
• The State Government shall on receipt of such representation and after consultation with the appropriate committee constituted under subparagraph (3) make such order as it deems fit.
• Provided that wherever such an order is likely to result in the change of allotment of any other person, no such order shall be made without giving an opportunity to that other person to make a representation.
• Every order passed by the State Government under sub-paragraph (5) shall subject to the provisions of clause (3) of article 371-D of the Constitution of India, be final.

Local Cadres and Recruitment or Appointment of Persons:-(1) Each part of the State, for which a local cadre has been organised in respect of any category of posts, shall be a separate unit for purposes of recruitment, appointment, discharge, seniority, promotion and transfer, and such other matters as may be specified by the State Government, in respect of that category of posts.

•  Nothing in this order shall prevent the State Government from making provision for;
• equitable opportunities to persons in all local cadres in the matter of promotion to higher posts;
• the transfer or appointment by transfer of a person from any local cadre to any office or Establishment to which this Order does not apply, or Vice Versa;
• the transfer of a person from one local cadre to another local cadre on spouse grounds.
• the transfer of a person from one local cadre to another local cadre on a reciprocal basis subject to the condition that the person so transferred shall be assigned seniority in the latter cadre with reference to the date of his transfer to that cadre.
• the transfer of a person from one local cadre to another local cadre where no qualified or suitable person is available in the latter cadre for where such transfer is otherwise considered necessary in the Public interest.

Local Areas :—(1) Each district shall be regarded as a local area.

• for direct recruitment to posts in any local cadre under the State Government comprising all or any of the posts in any department in the district belonging to the category of a Junior Assistant or to any other category equivalent to or lower than that of a Junior Assistant.
• for direct recruitment to posts in any cadre under any local authority within that district carrying a scale of pay, the minimum of which does not exceed the minimum of the scale of pay of a Junior Assistant or a fixed pay not exceeding that amount.
• For direct recruitment to all the posts in the Andhra Pradesh School Education Subordinate Services and all other similar/equivalent categories of posts of teachers under any Department of the State Government.
• For Direct recruitment to all posts of teachers under a local authority or such other under any management, as may be notified by the State Government from time to time, carrying a scale of pay equal to that of the posts in the Andhra Pradesh school Education Subordinate Services",

 Each Zone shall be regarded as a local area,-

• for direct recruitment to the posts in any local cadre under the State Government comprising all or any of the posts in any department in that Zone belonging to each category above the category of Junior Assistant and inclusive of the category of Superintendent and all first level Gazetted or equal cadre and categories of posts exceeds scale of Junior Asst, but does not exceed the scale of pay of first level Gazetted each of the other equivalent categories in each department;
• for direct recruitment to posts in any cadre under any local authority within that zone, carrying a scale of pay, the minimum of which exceeds the minimum of the scale of pay of Junior Assistant but does not exceed the minimum of the scale of pay of first level gazetted in Government department:
• Provided that where a single cadre has been organized for two or more zones under sub-paragraph (6) of paragraph 3 of posts belonging to any of the categories referred to in clause (i) or clause (ii,) each of such zones shall be regarded as separate local area in respect of such cadre.

Each Multi Zone shall be regarded as a Local Area

• for direct recruitment to the posts in any local cadre under the State Government comprising all or any of the posts in any department in that Multi-Zone belonging to each category above the category of Superintendent and also above the category of first level Gazetted and upto and inclusive of category of Deputy Collector and each of other equivalent categories in
  each Department;
• for direct recruitment to posts in any cadre under any local authority within that Multi-Zone, carrying a scale of pay, the minimum of which exceeds the minimum of the scale of pay of Superintendent in Government department and also the category of posts exceeds the scale of pay of first level Gazetted but does not exceed the minimum scale of Pay of Deputy Collector in Government Departments.

Local Candidate :-

• A candidate for direct recruitment to any post shall be regarded as a local candidate in relation to a local area,-
• in cases where a minimum educational qualification has been prescribed for recruitment to the posts,-
• if he has studied in an educational institution or educational institutions
• in such local area for a period of not less than four consecutive academic years ending with the academic year in which he appeared or, as the case may be, first appeared for the relevant qualifying examination; or
• where during the whole or any part of the four consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination he has not studied in any educational institution, if he has resided in that local area for a period of not less than four years immediately preceding the date of commencement of the qualifying examination in which he appeared, or as the case may be, first appeared.
• In cases where no minimum educational qualifications has been prescribed for recruitment to the post, if he has resided in that local area for a period of not less than four years immediately preceding the date on which the post is notified for recruitment.

 Explanations:-

For the purpose of this paragraph,-

• 'educational institution' means a University or any educational institution recognized by the State Government, a University or other competent authority;
• relevant qualifying examination in relation to a post means,-
• the examination, a pass in which is the minimum educational qualification prescribed for the post;
• the Seventh Class examination or an examination declared by the State Government to be equivalent to the Seventh Class examination; whichever is lower
• in reckoning the consecutive academic years during which a candidate has studied, any period of interruption of his study by reason of his failure to pass any examination shall be disregarded;
• the question, whether any candidate for direct recruitment to any post has resided in any local area shall be determined with reference to the places where the candidate actually resided and not with reference to the residence of his parents or other guardian.
• A candidate for direct recruitment to any post who is not regarded as a local candidate under sub-paragraph (1) in relation to any local area shall,-
•  in cases where a minimum educational qualification has been prescribed for recruitment to the post,-
• If he has studied in educational institutions in the State for a period of not less than seven consecutive academic years ending with the academic year in which he appeared or as the case may be, first appeared for the relevant qualifying examination be regarded as a local candidate in relation to,-
• Such local area where he has studied for the maximum period out of the said period of seven years; or
• Where the periods of his study in two or more local areas are equal, such local areas where he has studied last in such equal periods; (ii) If during the whole or any part of the seven consecutive academic years ending with the academic year in which he appeared or as the case may be first appeared for the relevant qualifying examination, he has not studied in the educational institutions in any local area, but has resided in the State during the whole of the said period of seven years, be regarded as a local candidate in relation to,-
• Such local area where he has resided for the maximum period out of the said period of seven years; or
• Where the periods of his residence in two or more local areas are equal, such local area where he has resided last in such equal periods;
• In cases where no minimum educational qualification has been prescribed for recruitment to the post, if he has resided in the State for a period of not less than seven years immediately preceding the date on which the post is notified for recruitment, be regarded as a local candidate in relation to,-
• such local area where he has resided for the maximum period out of the said period of seven years; or
• where the periods of his residence in two or more local areas are equal such local area where he has resided last in such equal periods.
• In cases where Blindness and Low vision and, Deaf and Hard of hearing persons studied in the special schools meant for them, the native place of the parents of such Blindness and Low vision and, Deaf and Hard of hearing persons.
• Not withstanding anything contained in the Presidential Order, if any Govt servant is posted outside the State, the children of the such Government servant studied other than A.P., has right of choosing local area of his/her father or mother or any other area i.e chosen by the Government servant. Exercise of option will be given a one time to all the Government servants. 

Reservation in the matter of Direct Recruitment:-

95 % of the posts to be filled by direct recruitment at any time,-

• in any local cadre under the State Government comprising posts belonging to the category of Junior Assistant or a Category equivalent to or lower than that of Junior Assistant;
• in any cadre under a local authority comprising posts carrying a scale of pay the minimum of which, or a fixed pay which does not exceed the minimum of the scale of pay of a Junior Assistant ;
• in any local cadre all posts under the School Education Subordinate Service and all other similar/equivalent categories of posts of teachers under any Department of the State Government.
• In any local cadre all posts of teachers under a local authority or such other under any management, as may be notified by the State Government  from time to time, carrying a scale of pay equal to that of the posts in the Andhra Pradesh School Education Subordinate Services.
• 95% of the posts to be filled by direct recruitment at any time: (a) in any local cadre under the State Government comprising all or any of the posts in any department in that Multi-Zone belonging to each category above the category of Superintendent and also above the category of first level Gazetted and upto and inclusive of category of Deputy Collector and each of other equivalent categories in each Department;
• 95% of the posts to be filled by direct recruitment at any time,-(a) in any local cadre under the State Government comprising all or any of the posts in any department in that Zone belonging to each category above the category of Junior Assistant and up to and inclusive of the category of Superintendent and all first level Gazetted or equal cadre and categories of posts exceeds scale of Junior Asst, but does not exceed the scale of pay of first level Gazetted each of the other equivalent categories in each department;
• Notwithstanding anything contained in the foregoing provisions of this pa rag raph,-
• there shall be at least one post left un reserved out of the posts filled by direct recruitment at any time to any local cadre; and
• there shall be, as far as possible, at least one post allocated for the local candidates in respect of each local area. in any cadre under any local authority within that Multi-Zone, carrying a scale of pay, the minimum of which exceeds the minimum of the scale of pay of Superintendent in Government department and also the category of posts exceeds the scale of pay of first level Gazetted but does not exceed the minimum scale of Pay of Deputy Collector in Government Departments.
• in any cadre under any local authority within that Multi-Zone, carrying a scale of pay, the minimum of which exceeds the minimum of the scale of pay of Superintendent in Government department and also the category of posts exceeds the scale of pay of first level Gazetted but does not exceed the minimum scale of Pay of Deputy Collector in Government Departments.
• Notwithstanding anything contained in sub-paragraphs (1) and (2), where in respect of any of the categories referred to in the said paragraphs a single cadre has been organised for two or more districts or zones under sub-paragraph (6) of paragraph 3, 95% of the posts to be filled by direct recruitment at any time in such cadre shall be reserved in favour of and allocated amongst the local candidates in relation to each of the local areas in respect of such cadre in the ratio as prescribed by the State Government basing on the population of such local areas.
• while determining under this paragraph the number of posts to be reserved in favor of Local candidates any fraction of a post shall be counted as one.
• While allocating the reserved posts amongst the candidates in relation to different local area fractions of a post shall be adjusted by counting successively the fractions in descending order of magnitude as one and where the fraction to be so counted cannot be selected by reason of the95 % of the posts to be filled by direct recruitment at any time ,- fractions being equal the selection shall be    by lot. (7) Notwithstanding anything contained in the foregoing provisions of this paragraph,-
• there shall be at least one post left un reserved out of the posts filled by direct recruitment at any time to any local cadre; and
• there shall be, as far as possible, at least one post allocated for the local candidates in respect of each local area.

Carry forward of reserved posts:-

• If a qualified local candidate in respect of a local area is not available to fill a post reserved or allocated in favour of a local candidate in respect of that local area, such post shall be carried forward for recruitment of a local candidate in respect of that local area for period not exceeding three years:-
• Provided that pending recruitment of a local candidate -Such post may be filled in temporarily by borrowing the service of a person holding a post of the same category in any other local cadre or under any other local authority as the case may be.

Power to Authorise to issue Directions : -

• The President, may, by order, require the State Government to issue such directions as may be necessary or expedient for the purpose of giving effect to this Order to any local authority and such local authority shall comply with such directions.
• The State Government may, for the purpose of issuing any direction under sub-paragraph (1) or for satisfying itself that any directions issued under sub-paragraph (1) have been complied with require by order in writing any local authority to furnish them such information, report of particulars as may be specified in the order and such local authority shall comply with such order.

Order to have over-riding effect : — The provision of this order shall have effect notwithstanding anything contained in any Statute, Ordinance, rule, regulation or other order made before or after the of this order in respect of direct recruitment to posts under the State Government or any local authority.

Removal of Doubts:— For the removal of doubts, it is declared that nothing in this Order shall affect the operation of provisions made by the State Government or other competent authority before or after the commencement of this Order in respect of reservation in the matter of appointments to posts in favour of any backward classes of citizens, the Schedule Castes and Schedule Tribes in so far such provisions are not inconsistent with this order,

Certain appointment and promotions to be Provisional:—Any appointment or promotion made after the commencement of this Order or order made in pursuance of the provision to paragraph 3, as the case be and before any local cadre has been organised under the provisions this order or any order made in pursuance of the provision to paragraph 3, to any post which is required to be included in such cadre shall provisional and shall, within a period of twelve months after such organisation, be reviewed and readjusted in accordance with the provisions of this order,

• Explanation:— For the purposes of this paragraph, any local cadre shall be deemed to be organised with the allotment of persons to it under paragraph 4.

Saving:- Nothing in this Order shall apply to :— (a) any post in the Andhra Pradesh Secretariat of the State Government., any post in an office of the Head of a Department.,

• any post in a special office or Establishment.,
• any post in a State-level office or institution.
• any Police post in the Commissionerate located in the Capital area.

Download draft Presidential Order