PROCEEDINGS OF THE SECRETARY TO COMMISSIONER OF COMMERCIAL TAXES ANDHRA PRADESH :: HYDERABAD Present:Smt.T.M. SREELATHA, I.Po.S, CCT’s Ref. No. C1/847/1996 Dated 02-06-2010 Sub: PUBLIC SERVICES – C.T. DEPARTMENT – Absorption of Allwyn Employees – Fixation seniority in the category of Jr. Assts/Jr. Steno/Typists – Show Cause Notice – Issued – Objection called for – Final orders issued. Ref: 1. CCT’s Ref. No. C1/847/1996, dt. 06.04.1998. 2. SC Judgment in Civil Appeal No’s 7360, 7361/2002, dt. 02.12.2008. 3. G.O.Ms.No. 77, Industries and Commerce (IFR.II) Dept., dt. 26.02.2009. 4. CCT’s Ref. No. C1/847/1996, dt. 18.06.2009. 5. A.P. Gazette No. 103, dated 19-06-2009. 6. CCT’s Ref. No. C2/295/2008, dt. 18.12.2009. *** In the reference 5th cited, show cause notice was issued to finalise the seniority list in the cadre of Jr. Assistant/Jr. Stenos/Typist in the O/o. the Commissioner of Commercial Taxes, Hyderabad. In the reference 5th cited, the placement of Sri K. Raghu Kishore, Jr. Assistants and five others were shown from Sl.No.122 to 128 showing their date of joining as 0801-2002. Sri K. Raghu Kishore, Jr. Assistants and five others has submitted an objection stating that they have joined in the O/o. the Commissioner (CT), Hyderabad on 10-8-2000 and as per that that their placement has to be shown at Sl.No.110 to 116 (including Smt. M. Mahalakshmi, Typist who expired on 14-2-2009). After verification of the records, the objections filed by the individuals is found genuine and it is decided to include their names (From Sri K. Raghu Kishore to Smt. M.Mahalakshmi, 7 members) at Sl.No.110 to 116 below the name of Smt. V. Nirmala, Jr. Steno and above the name of Sri P. Dasarath, Jr. Asst. Accordingly, the affected persons are put on notice vide reference 6 th cited and requested to file their written objections if any, within two weeks. Sri P. Satyanarayana Rao was appointed as Junior Assistant on 25.10.1984 in Charminar Division. Subsequently he was drafted under Rule 3 (8-A) of APMS Rules to Commissioner (CT) Officer on 11.12.1992. His seniority was fixed with effect from 11.12.1992 in CCT’s Office as per G.O.Ms.No. 607, General Administration Department, dt. 06.11.1992. But, the individual has represented for fixation of his seniority with effect from 22.10.1984. The date of his first appointed in Charminar Division. His representation was considered and rejected vide CCT’s Ref. No. C1/1420/95-1, dt. 08.04.1996. Aggrieved by the above orders of the Commissioner (CT), the individual has filed OA No. 3047/1996 in APAT, Hyderabad to fix his seniority with effect from 25.10.1984. The APAT in its order dated 19.03.1996 quashed the CCT’s Proceedings dt. 08.04.1996 and directed the Commissioner (CT) to take consequential action to fix up the seniority in accordance with Rule-3 (8-A) of APMS Rules. Since the individual was drafted to Commissioner (CT)’S office against a slot vacancy earmarked for subordinate quota. In order to give effect to the Hon’ble APAT,Hyd orders, a Show Cause Notice was issued vide reference 1st cited proposing to fix the seniority of Sri P. Satyanarayana Rao and 3 others with reference on their claims of seniority from the date of joining in the department in their parent divisions. The matter has been litigated as the said Show Cause Notice was challenged before the Hon’ble High Court of A.P., Hyderabad in WP No’s 17595 & 17749 of 1999, dt. 22.01.2000 filed by Smt. S.V.P. Sarvani against Sri P. Satyanarayana Rao and 3 others and allowed WP’s against ::2:: which Sri P. Satyanrayana Rao and another filed SLP before Supreme Court of India. Supreme Court in its judgment in Civil Appeal No.7360 & 7361/2002, dated 02.12.2008 has passed the following orders: “The dispute in this case is about the inter-se seniority between the parties. It may be noted that the post of Junior Assistant in the subordinate office in the Commercial taxes Department is a Caegory-11 post under the A.P., Ministerial Service Rules and the minimum qualification for appointment on the said post is Intermediate. On the other hand, the post of Junior Assistant in the office of the Head of the Department is a Category-10 post and the minimum qualification there is Graduation. Rule 27(1)(iii) of the aforesaid Rules states : “The seniority of a member of the service who is transferred at his own request from one Department or office to another shall be fixed in the latter department or office with reference to the date of his first appointment in the latter department or office….” Learned counsel for the appellant submitted that the appellant was transferred from the subordinate office to the office of Head of the Department not at his request but on his making an application. We regret we cannot see any difference. When a person makes an application for transfer, it is obviously a transfer at his own request. Hence, in our opinion, Rule 27 (1)(iii) squarely applies. In this case, the appellant got transferred from the subordinate office to the office of the Head of Department at his own request. If he did not wish to forego his service in the subordinate service, he need not have made any such request and would have remained in the subordinate office. Once he makes a request for transfer to the office of the Head of Department, then, he must undergo the consequences of such transfer and he cannot claim that his service in the subordinate office must be added to his service in the office of the Head of Department for the purpose of seniority. He will be deemed to have been given a fresh appointment on his joining in the office of the Head of Department for the purposes of seniority, in view of Rule 27(1)(iii) of the Rules. Thus, in our opinion, there is no error in the impugned judgment of the High Court. Civil Appeals are, accordingly, dismissed, with no order as to costs”. Therefore, the placements for Sri P. Satyanarayana and 3 others in the case of the following individuals: 1 2 3 4 Sri D. Suri Babu, Jr. Assts Sri P. Satyanarayana Rao, Jr. Asst Smt. R. Mangathai, Jr. Asst A. Bhaskar Reddy, Jr. Asst In view of the above Hon’ble Supreme Court Judgment, the notional seniority proposed for the above individuals in the Show Cause Notice dt. 06.04.1998 vide reference 1st cited, is accordingly withdrawn. However, the placements mentioned in the Annexure of the Show Cause Notice dated 06.04.1998 have no change and was intact. But, now even the placements in the Annexure of Show Cause Notice dt. 06.04.1998 is also suitably modified keeping in view of the following events. I. As per G.O.Ms.No. 77, Industries and Commerce (IFR.II) Dept., dt. 26.02.2009 vide reference 3rd cited, it was directed by the Government that (the relevant portion in the G.O. is extracted as under): 6 (a) consequent upon the winding up on the Hyderabad Allwyn Limited and such of the employees appointed in various Government Departments/ Offices against the supernumerary posts on and from 03.05.1993 be treated as AP State Government Employees on par with employees working in such equivalent categories in those Departments. :: 3 :: 6 (e) On such absorption, subject to qualifications these employees, who are eligible for inclusion of their names in the list of cadre strength/ seniority list of each category shall be below the last regular candidate already appointed by the respective Departments, as on 03.05.1993 and on that basis they are entitled for promotion to higher post, as per rules, subject to however giving show cause notice to those employees who likely to be effected. Accordingly, the following employees of Allwyn Limited are proposed to be placed in the seniority list of Jr. Assts/ Jr. Steno/ Typists below Sri D. Chandra Mohan at Sl. No. 41 and above the name of Sri O. Gundu Rao at Sl. No. 42 as follows (of the Show Cause Notice in the reference 1st cited): Present Placement in Annexure 1 Sri P. Narasimha Rao, Typist 42 2 Sri J. Venkatesh, Jr. Asst. 43 3 Sri P. Gangi Reddy, Jr. Asst. 44 Further, the placements of the following employees have been made in accordance with the ranking assigned by the APPSC vide their Lr. No. 1113/RS10/2007, dt. 22.08.2007, which was communicated to this office in contravention to the initial recruitment orders vide APPSC, Lr. No. 3602/KA/3/92, dt. 09.11.1995. Present Placement in Annexure 1 2 3 4 Sri S. Krupa Rao, Jr. Steno Smt. M. Suneetha, Jr. Steno Sri D. Babu Rao, Typist Sri A. Bala Veeranna, Typist 84 85 86 87 Accordingly a show cause notice is issued in the reference 4th cited in supersession of the earlier SCN in the ref. 1st cited, calling objections from the affected persons who re likely to be effected by the proposed seniority list of Jr. Assts/Jr. Steno/Typists of the O/o Commissioner (CT), within 15 days from the date of receipt of the notice/ or publication of this notice in A.P. Gazette. The show cause notice was published in A.P. Gazette No. 103, dated 19-06-2009. The following objections have been received from the aggrieved persons pursuant to the proposed seniority list published in the reference 5 th cited and the same are examined and considered as follows: I. Fixation of seniority of employees of the erstwhile CT Department Printing Press A) Objection filed by Sri K Raghu Kishore, Junior Assistant and five others: They submitted that they joined in the O/o CCT on 10-08-2000 as Junior Assistants after closure of C T Department Printing Press. But they were placed in the proposed seniority list at Sl No 122 to 128 considering their joining date as 08-01-2002, which is no where concerned to their joining date. They requested to place them in the seniority list at Sl No 110 to 116 (including Smt M Mahalakshmi, Typist, who expired on 14-02-2009) as per their date of joining in the O/o CCT as they joined in the O/o CCT on 10-08-2000. Having taken note of this objection another show cause notice CCT’s Ref No C2/295/2008, dated 18-12-2009, was issued proposing to place these individuals with reference to their date of joining as Junior Assistants as per the date indicated in their Service Registers. :: 4 :: In response Sri P Dasharath, Sri S Srinivas Kumar, Smt M Rajya Lakshmi, Sri S V M Ramesh, Sri Mohammed Iqbal and Sri K Seshu Kumar, Junior Assistants and Smt Syed Khursheeda and Sri K Bala Bheem, Typists in the O/o CCT filed their objections. The above individuals (other than Sri K Seshu Kumar, Junior Assistant and Sri K Bala Bheem, Typist) filed their objections stating that the seniority of the seven Printing Press employees shown at serial Nos 122 – 128 in the seniority list proposed vide CCT ref dated 18.06.2009, has to be fixed with effect from the date of their absorption I e 2910-2001. Sri K Seshu Kumar, Junior Assistant, has stated that the seniority of these seven former Printing Press officials should be counted from 02-01-2002. Sri K Bala Bheem, Typist has again stated that his seniority is to be considered from 01-04-1999, the date on which he wais deputed to work in the Enforcement wing, O/o CCT . B) Objection filed by Sri K Bala Bheem, Typist. He submitted that he joined in the O/o CCT on 01-04-1999, as Typist after closure of CT Department Printing Press. But in the absorption orders issued in CCT’s Ref no C4/1067/98, dated 02-01-2002, his date of joining is mentioned as 08-01-2002, thereby losing 4 years of seniority in the proposed seniority list. Sri M Sayee Srinivasa Rao, who placed at Sl No 120, was junior to him in CT Department Printing Press. He finally requested (a) to place him at Sl.No.120 instead of 121 (b) consider to place his name at Sl No 106, as per the date of his joining in the O/o CCT on 01-04-1999. Reply: The entire issue of date of joining of the former employees of the CT Printing Press is examined with reference to the record as follows: As per the record, before closing the Printing Press, the CT Printing Press Trade Union and A.P. Government Press Employees Union has submitted demands such as to absorb the staff within the Department and to provide suitable posts as per seniority and qualifications. If equivalent post is not available they requested that they be provided higher post as per qualifications. Accordingly proposals were submitted to the Government vide CCT’s Ref No PP1/399/98, dt 16-07-1998. In GO Ms no 708, Revenue (CTIV) Dept., dt. 15-09-1998, the Government have decided to close the CT Department Printing press, with effect from 01-10-1998 and permitted the CCT to depute the Printing press staff to different circles as per availability of vacancies, pending issue of formal orders of absorption in various categories. Accordingly, the Printing press staff were deputed in different offices in the State. But the said individuals were deputed as Attenders. Since the posts held by them in Printing Press were higher than Record Assistant and lower than Junior Assistant they submitted representations to CCT stating that their appointment itself was Class-III and as they were having suitable qualifications and therefore they requested to post them as Junior Assistant. The CCT has accepted the request of the individuals and deputed them to the O/o CCT in the clear vacancies against Direct Recruitment, vide CCT’s Ref No PP1/1067/98, Dt 02-08-2000 pending absorption orders from the Government. Further, vide GO Ms no 692, Revenue (CTIV) Dept., dated 29-10-2001, the Government have permitted the CCT to absorb the staff deputed from the Commercial Taxes Department Printing Press in the clear vacancies available in CT Department in the categories of Junior Assistant, Typist, Driver, Attender, Sweeper and Scavenger considering the academic qualifications and seniority of the individuals duly following the orders/instructions issued in GO Ms no 36,G.A. (Ser A) Dept., dated 25-01-1990 and Memo No 29730/484/SMPC/99, F&P (FW.SMPC) Dept., dated 20-09-1999. In the Memo No 29730/484/SMPC/99, F&P (FW.SMPC) Dept., Dated 20-091999, the Government have clarified that “The allotment of candidates from SMPC is for the initial direct recruitment post in the department. After allotment the individual become full member of the department. Hence promotion to such personal should be in accordance with the existing rules of the allotted department in future counting his seniority in the initial post for which he was allotted from the date of his joining in the allotted department”. :: 5 :: The Rule 33(a) of APS&SS Rules, also clarifies that ‘the seniority of a person in a service, class, category or grade, shall unless he had 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’. The contentions of both parties were examined and it is seen that the former employees from CT Printing Press were originally deputed to work in the identified DR vacancies of Junior Assistants vide CCT’s ref no PP1/1067/98, Dt. 02-08-2000. A proposal was made to the Government vide Ref PP1/1067/98, dated 13.08.99 for issue of orders for absorption. The Government vide GO Ms no 692, Revenue (CT.IV) Dept., dated 29-10-2001, permitted the Commissioner of Commercial Taxes to absorb the staff deputed from the Commercial Taxes Department Printing Press in the clear vacancies available in C.T. Department in the categories of Junior Assistants, Typist, Driver, Attender, Sweeper and Scavenger considering the academic qualifications and seniority of the individuals. Further vide CCT proceedings C4/1067/98 dated 02.01.2002 the individuals were absorbed in this office wef 29.10.2001. As such the following individuals are placed at the appropriate place in the seniority list of Junior Assistants/ Typists of the Office of CCT, taking their date of joining as 29.10.2001. 118 119 120 121 122 123 124 K.Raghu Kishore B.Bhaskar Rao K.Chandra Sekhar V.Madhavi Asgari Begum M.Ravindar Reddy M.Maha Lakshmi 29-10-2001 29-10-2001 29-10-2001 29-10-2001 29-10-2001 29-10-2001 29-10-2001 The objection of Sri K Bala Bheem is examined as follows: In connection with closure of CT Department Printing Press, Vikarabad, with effect from 01-10-1998, vide GO Ms no.708, Revenue (CT.IV) Dept., dated 15-091998, Sri K Bala Bheem was deputed to work as Junior Assistant in the O/o CTO, Abids, vide CCT’s Proceedings No PP1/339/98, dated 26-09-1998. He reported to duty in the O/o CTO, Abids on 01-10-1998. Further he was re-deputed to work as Typist in the O/o CCT ,Enforcement Wing (not against a clear vacancy) vide CCT’s Ref No C1/1187/98, dated 31-03-1999, on his request, by drawing salary in the O/o CTO, Abids circle. This deputation period is not entered in the Service Register of the individual. On request, the individual was transferred to the O/o CCT, and his absorption orders were issued vide CCT’s Proceedings No C4/1067/98, dated 02-01-2002. He was relieved from the O/o CTO, Abids on Forenoon of 08-01-2002. The individual joined in the O/o CCT on the F.N. of 08-01-2002. As per the date of joining in CCT’s Office, Sri K Bala Bheem was placed in the Show-Cause Notice dated 18.06.2009 at seniority Sl No 121. But as per Printing Press seniority list Sri K Bala Bheem, is senior to Sri M Sayee Srinivasa Rao, who stood at Sl No 120. Sri K Bala Bheem joined in C.T. Printing Press as Junior Machine Minder on 19-11-1987 and Sri M Sayee Srinivasa Rao joined as Junior Machine Minder on 21-111987. Also Sri M Sayee Srinivasa Rao joined the office of the CCT on the FN of 08.01.2002. In view of the above, the request (a) of Sri K Bala Bheem, to be placed his name in the proposed seniority list dated 18.06.2009 at Sl No 120 above the name of Sri M Sayee Srinivasa Rao is found to be correct. :: 6 :: With regard to his request (b) to place his name at Sl No106 considering his date of joining in the O/o CCT, Enforcement Wing, as 01-04-1999, it is seen that he was re-deputed to work as Typist in the Enforcement Wing. Sri K Bala Bheem has joined in the O/o CCT on 08-01-2002 on his request. The Rule 27(1) (iii) of APMS Rules clarifies that “ the seniority of the member of service who is transferred at his own request from one Department or office to another shall be fixed in the latter department or office with reference to the date of his first appoint in the latter department of office”. Hence this objection is overruled. C) Objection filed by Sri M. Sayee Srinivasa Rao, Junior Assistant. He submitted that he joined in the O/o DC (CT) Charminar division on 14-101998, as Jr. Assistant after closure of C.T. Department Printing Press. Further vide CCT’s Ref.No.C4/1067/98, dated 02-01-2002, he reported to duty in the O/o CCT as Jr. Assistant on 08-01-2002. He was placed in the proposed seniority list at Sl.No. 120, But his request is to be place his name in the proposed seniority list at Sl.No. 104 considering his date of joining as 14-10-1998, the date on which he joined in the O/o DC (CT), Charminar division after closure of C.T. Department Printing Press. Reply: In connection with closure of CT Department Printing Press, Vikarabad, with effect from 01-10-1998, vide GO Ms no 708, Revenue (CT.IV) Dept., dated 15.09.1998, the individual was deputed to work as Junior Assistant in the O/o DC (CT) Charminar division, vide CCT’s Proceedings No. PP1/339/98, dt. 26-09-1998. He reported to duty in the O/o DC (CT) Charminar division on 14-10-1998. Further he was transferred and posted as Junior Assistant in the O/o CTO, Osmangunj, vide DC(CT) Sec’bad, proceedings No. A3/594/2000, dt. 03-08-2000 and relieved on 05-08-2000 F.N., vide DC(CT) Charminar, proceedings No. EL/409/2000, dt. 05-08-2000 and the individual has reported to duty in the O/o CTO Osmangunj Circle on the F.N. of 05-08-2000. On request, the individual was transferred to the O/o CCT, while absorption vide CCT’s Proceedings No C4/1067/98, dated 02-01-2002. Further vide DC(CT) Charminar UO Note dated 08-01-2002, the individual was relieved from the O/o CTO, Osmangunj on F.N. of 08-01-2002, vide CTO, Osmangunj proceedings No. A/1/2002, dt. 08.01.2002. The individual joined in the O/o CCT on the F.N. of 08-01-2002. As per Printing Press seniority list Sri K Bala Bheem, is senior to Sri M Sayee Srinivasa Rao. Sri K Bala Bheem joined CT Printing Press as Junior Machine Minder on 19-11-1987 and Sri M Sayee Srinivasa Rao had also joined as Junior Machine Minder on 21-11-1987. Further it is seen that the request of Sri M Sayee Srinivasa Rao, Junior Assistant, to place his name in the seniority list at Sl No 104, considering his date of joining as 14-10-1998, the date on which he joined as Junior Assistant in the O/o DC (CT) Charminar division after closure of C.T. Department printing Press is not feasible, since the Rule 27(1)(iii) of the A.P.M.S. Rules clarifies that : “The seniority of a member of the service who is transferred at his own request from one Department or office to another shall be fixed in the latter department or office with reference to the date of his first appointment in the latter department or office….” In view of the above, the name of Sri M Sayee Srinivasa Rao is placed below the name of Sri K Bala bheem taking 08.01.2002 as his date of joining as Junior Assistant in the Office of CCT. :: 7 :: II. Objection filed by Sri D Krishna Reddy, Junior Assistant & 9 others, and Sri A D P Raja Kumar, Senior Assistant, Sri Mohammed Iqbal Ali, Junior Assistant, Sri G Srinivasa Rao, Senior Assistant and Sri V Karunakar, Junior Assistant. All the above individuals raised similar objections which are discussed as under: (a) In GO Ms No 77, Ind & Com (IFR.II) Dept. dated 26-02-2009, clause (f) under the para 6 of the GO which reads as follows: “to the above extent, if any posts are within the purview of APPSC for making direct recruitment separate orders will be issued by General Administration (Ser.A) Department for keeping such posts outside the purview of APPSC, for this purpose, to the extent required. The Heads of Departments concerned and Departments of Secretariat under whom the redeployed employees are working shall furnish full information to General Administration (Ser.A) Department and the Secretary, APPSC directly for further action at their end in consultation with Finance Department wherever required.” The present SCN is silent on the clause(f) of the GO Ms 77. The posts to which the Allwyn employees are to be absorbed are Typists/ Junior Assistant in the O/o CCT and these posts come under the purview of APPSC. Therefore, without keeping these posts outside the purview of APPSC as per the procedure laid down in clause(f), the placement of three Allwyn employees against the posts of Typists/ Junior Assistants is irregular and against the rules. (b) The Hon’ble A.P.A.T. in its orders in O.A.No.6243/2004 dt.12.09.2008 in para-45 of the judgment reads as follows: and batch “The contra clause in G O Ms No 87 and 337 that they are not entitled for pay scales applicable to the regular Government employees and they are not eligible for promotions, seniority, pension and other benefits just like other Government employees are bad under law. So also the clause that they are liable for retrenchment under Section 25-F of Industrial Disputes Act is also bad under law. They should be treated as just like any other Government employee with all the benefits for which civil servants are entitled. It is for the State to issue necessary amendments to the Service Rules or Adhoc Rules as observed by the BIFR in its order dt.12-5-1999.” It is not mentioned in the proposed SCN, whether the Government have issued any amendment to the Service Rules or Adhoc Rules as per the observations of the Hon’ble Tribunal for placement of Allwyn employees in the existing seniority list. Therefore, their seniority cannot be determined without amending the Service Rules or Adhoc Rules. (c) While implementing the Hon’ble Supreme Court orders in Civil Appeal No.6734-6745/2000 and batch cases dt.18-09-2001, the Government have constituted a Committee of Officers to examine all the relevant issues and to come up with a report containing specific recommendations. After submission of its report to Government, the Government have placed the report before the Cabinet Sub-Committee for Services. After submission of Cabinet Sub-Committee report only, the Government have issued G O Ms No 87 Ind. & Commerce (IFR. III) Dept. dt.24-3-03. Para-6 of the G O reads as follows: “These redeployed employees of erstwhile Hyderabad Allwyn deployed in Government departments cannot claim any seniority vis-à-vis the regular Government servants of that cadre and consequently promotions to higher categories. They shall continue to be in that cadre, with pay promotion on completion of 8 years, 16 years and 24 years, of service. Under any circumstances, they cannot be fitted into the seniority of regular Government servants and promotions considered”. ::8 :: But, now the Government while implementing the orders of Hon’ble A.P.A.T. in its orders in OA No 6243/2004 and batch dated 12-09-2008, have issued G O Ms No 77, Ind. & Com. (IFR.II) Dept. dated 26-02-2009 without appointing any Committee of Officers or Cabinet Sub-Committee etc. There is no proper examination of seniority aspect of Allwyn employees Vs seniority of regular employees in the orders issued by the Government. Hence, the GO has to be re-examined. The Government orders shall be implemented with prospective effect only i.e they can be absorbed from 26-02-2009 only and not from an anterior date so as to protect the seniority of regular employees. Reply: With regard to objection (a), it is seen that in G O Ms No 180, Industries & Commerce (PE Cell) Dept., dated 28-04-1993, the Allwyn employees have been allotted to the O/o CCT in supernumerary posts. After their allotment they were permitted to work as Junior Assistant/ Typist in the existing clear vacancies of Junior Assistants / Typists. The same was already informed to the Government vide CCT’s Ref. No. C1/1461/2001, dt. 21-11-2001. Further, Clause 6 (c) of the G.O. clearly mentions that these employees shall be adjusted in the next last regular vacancies that may arise on or after 3-5-1993 in the respective Department. Clause (c) mentions that subject to qualifications these employees, are eligible for inclusion of their names in the list of cadre strength / seniority list below that last regular candidate already appointed as on 3-5-1993 Clause (f) says that if any posts are within the purview of APPSC for DR separate orders will be issued…… The D.R. posts of Junior Assistants are to be filled up by APPSC. In view of the Clauses ( c ) & (e) of the same para 6, and the fact that clear vacancies were proposed to these employees by this office vide reference No C1/461/2001, dated 21-11-2001, their posts cannot come within the purview of APPSC. Their seniority is being fixed accordingly. As such there is no need to seek relaxation orders from the GAD/APPSC in terms of clause (f) of G O Ms No 77, dated 26.02.2009. With regard to objection (b), the Government have not issued any amendment to the Service Rules or Adhoc Rules for placement of Allwyn employees in the existing seniority list. But in G O Ms No 77, dated 26-02-2009, Para 6 (e) clarified that ‘subject to qualifications these employees, who are eligible for inclusion of their names in the list of cadre strength/ seniority list of each category shall be below the last regular candidate already appointed in the respective departments, as on 03-05-1993 and on that basis they are entitled for promotion to higher post, as per rules’. In the light of the above G O their seniority is being fixed below last regular Junior Assistant/Typist working in the O/o CCT as on their date of joining in the O/o CCT. With regard to objection (c), it is seen that Government in pursuance of the orders of the Hon’ble Tribunal in OA No 6243 of 2004 and batch dated 12-09-2008, issued orders in G O Ms No 77, dated 26.02.2009 absorbing the employees of the Allwyn in the Government Departments with effect from their date of joining in the respective Departments. In view of the Government orders the seniority of the Allwyn employees in the office of the CCT is being fixed. The issue as to whether a Cabinet sub committee/ committee of officers was constituted before issuing the G O Ms no 77, dated 26.02.2009, is outside the purview of this office. Therefore, all the above objections are devoid of any merit and hence over ruled. III. Objection filed by Smt M Suneetha, Junior Steno She submitted that she has been allotted by the APPSC as Junior Steno to the O/o CCT against only one vacancy notified for the year 1989-90 under SC (Women) quota. She reported to duty in the O/o CCT on 05-07-1995. Sri S Krupa Rao, was allotted to the O/o CCT on 23-11-1995 against backlog vacancy notified to Government, against RP 66. Her probation was declared on 14-12-1997 and the probation of Sri S Krupa Rao was declared on 23-12-1997. :: 9 :: The APPSC vide Letter No 3373/KA/1/97, dated 03-12-1997, had given seniority of the said two individuals as 1. Smt M Suneetha and 2. Sri S Krupa Rao, without giving Roster points. In the provisional seniority list issued by this office vide CCT’s Ref No C1/847/96, dated 06-04-1998, for the category of Junior Assistant/ Typist/ Junior Stenos, her name was placed at Sl No 81 and Sri S Krupa Rao was placed at Sl No 85. Inspite of her representations, she was denied for promotion and her junior Sri S Krupa Rao, was promoted as Senior Steno and later reverted as Junior Steno vide CCT’s Ref No C1/388/2005, dated 29-05-2006. Further she applied for that Senior Steno promotion. The Government have given a clarification in this regard vide Memo No 59519/CT.III (2)/2006-2, dated 14-02-2007 that the name of Smt M Suneetha, Junior Steno, O/o CCT, Hyderabad, be considered for promotion as Senior Steno in the vacancy that arose due to reversion of Sri S Krupa Rao, since she is senior to him as per the provisional seniority list. Further Sri S Krupa Rao, Junior Steno (acted as Senior Steno) be considered for promotion to the post of Senior Steno as and when another vacancy arises, since he is also later acquired requisite qualification as per APMS Rules, 1998. Further, the APPSC was addressed seeking clarification for Roster Points and the APPSC have clarified that Sri S Krupa Rao, RP2 and Smt. M. Suneetha, RP16, stating that Sri S Krupa Rao, is more meritorious than Smt M Suneetha. The APPSC have also clarified that Stenos and Typists fall in Common Category. The individual has stated that the APPSC wrongly indicated her Roster Point as there was only one vacancy of Junior Steno, SC (Women) against Roster Point The individual has also stated that she joined in the O/o CCT five months earlier to Sri S Krupa Rao, i.e on 05-07-1995. As per Rule 33(a) of APS&SS Rules, keeping in view of her date of joining her name is to be placed at Sl No 81 above the name of Sri Ch Gopal. Reply: The individual has filed above objection on 21-07-2009. She also filed OA No 251/2010 in the Hon’ble APAT claiming seniority from the date of her joining in the Office of CCT. The Hon’ble APAT, passed interim orders on dated 25-01-2010 stating that ‘pending disposal of the OA directed the 1 st Respondent i.e. the Special Commissioner (CT) to pass appropriate orders on the objections filed by the applicant on 21-07-2009, in terms of earlier seniority list, dated 06-04-1998 and the Government Memo No.59519/CT.III(2)/2006-2, dated 14-02-2007, within a period of three weeks from the date of receipt of this order’. As per the interim orders of Hon’ble APAT, an Endorsement has been given vide CCT’s Ref No C1/462/2005, dated 18-02-2010, to Smt M Suneetha, Junior Steno, stating that the seniority of candidates selected through APPSC would be reckoned as per the merit list of the APPSC and not as per their date of joining. As such, Smt M Suneetha cannot claim seniority over Sri S Krupa Rao in the cadre of Junior Steno. Hence, the objection filed by Smt M Suneetha, Junior Steno is over ruled. IV. Objection filed by Sri N S Sreenivasulu, Senior Steno. He submitted that he was drafted to CCT’s office and reported to duty as Junior Steno on 11-05-2001. Subsequently, he was promoted as Senior Steno and he reported to duty on 18-06-2005. He filed two objections as follows: :: 10 :: (a) In the Show Cause Notice at page 3 of Annexure his placement is shown at Sl No 115, as Junior Steno, though he is already working as Senior Steno. In the case of Sri S Krupa Rao, in page 3 of proceedings, he is shown as Junior Steno at Sl No 84, where as in Annexure page 2, at Sl No 84, shown as Senior Steno. He requested that the mistake shown in the Show Cause Notice shall be replaced as Senior Steno. (b) Sri S Krupa Rao, was given reversion orders as Junior Steno with effect from 26-05-2005 vide CCT’s Ref No C1/388/2005, dated 29-05-2006 since he had not acquired Typewriting qualificatio. Krupa Rao filed OA No. 3197/2006 and the APAT passed Interim Relief pending further consideration, suspended the impugned proceedings for 14 days. Later the APAT accepting the CCT’s proceedings disposed the OA. In the meantime Sri S Krupa Rao had acquired qualification and submitted representation for promotion to Senior Steno. As such he has to be considered for fresh promotion to the post of Senior Steno. But no proceedings were issued by the CCT promoting him as Senior Steno, though he is still continuing as Senior Steno. Reply; The designation of Sri N Srinivasulu is mentioned as presently working as Junior Steno in the Show Cause Notice. The same shall be altered as Senior Steno. Objection (b), is not relevant to finalization of seniority list of Junior Assistant/ Junior Steno/ Typist. He has to file his objection to the SCN of Senior Assistant/ Senior Steno seniority list. V. Objection filed by some Junior Assistants & Typists of O/o CCT, Hyderabad, dated 25-02-2010, against Smt H Aruna Kumari, DEO, who was converted as Typist. They have stated that in the SCN issued in CCT’s Ref No C1/847/2009, dated18-06-2009, the name of Smt H Aruna Kumari was shown at Sl No 102. Her appointment is not regular Typist. She is drawing salary in the O/o CCT as DEO, but not Typist. They have requested to verify the correctness of her appointment with regard to her Service Register, appointment order, regularization order and other related Govt. orders like G.O.Rt.No.215, dt. 05-02-2004. Reply: It is seen from the record that, a proposal was sent to Government through the Computer Wing O/o CCT vide CCT’s Ref No CS/392/95, dated 12.7.1996 and 4.3.1997 for the absorption of Smt H Aruna Kumari in the category of Data Entry Operator in Commercial Tax Department. The Government issued G O Rt No 1061, Rev.(CT.III) dept, dated 18.6.1997 wherein the Government after careful examination considered that Smt H Aruna Kumari fulfilled all the conditions laid down in GO Ms No 212, Finance & Planning Department dated 22.4.1994 and accordingly directed that the services of Smt H Aruna Kumari be regularized and she be absorbed as Data Entry Operator duly converting one post of Junior Assistant to that of Data Entry Operator from the date of issue of the order. Due to non-availability of Junior Assistant DR vacancy a proposal was submitted to Government vide CCT’s Ref No C2/1096/97, dated 30.7.1997 to convert one post of Typist instead of Junior Assistant to absorb Smt H Aruna Kumari as Data Entry Operator in the O/o CCT. The Government issued orders vide G O Rt No 1640, Rev.(CT.III) Dept., dated 27.9.1997,partly modifying the orders issued in G O Rt No 1061, dated 18.6.1997 and directed that the services of Smt H Aruna Kumari be regularized and she be absorbed as Data Entry Operator duly converting one post of Typist which was sanctioned in G O Ms No 89, Rev.(CT.IV) dept. dated 06.02.1991 to that of Data Entry Operator. Accordingly, orders have been issued for regularization of Smt H Aruna Kumari as Data Entry Operator vide CCT’s Ref No C1/935/97, dated 20.10.1997. She was also placed on probation for a period of 2 years on duty for a continuous period of 3 years with effect from 18.6.1997. Further, her probation has been declared as Data Entry Operator on the A.N of 17.6.1999 in the category of Typist, vide proceedings on CCT’s Ref No C1/1297/99, dated 23.8.1999. :: 11 :: The individual has submitted a representation on 7.7.2000 to include her name in the Seniority list of Junior Assistant/Junior Steno/Typists in the O/o CCT. Accordingly, proposals were submitted to Government vide CCT’s Ref No C1/847/96, dated 2.4.2002 and 19.5.2003 requesting to regularize her services in the cadre of Typist in relaxation of Rules. The Government vide G O Rt No 215, Rev.(CT.III) dept. dated 05.02.2004 directed that the services of Smt H Aruna Kumari and Sri P Vishnu Kumar Data Entry Operators be regularized in the cadre of Typist/Junior Assistant retrospectively (from the date of conversion) in relaxation of Rules. The Government have also directed to include their names in the seniority list of Typist and Junior Assistants at appropriate places and after that the two posts of Data Entry Operators shall be disbanded. Further, vide CCT’s Ref No C1/847/96, dated 9.3.2004 the services of Smt H Aruna Kumari were regularized in the cadre of Typist retrospectively (from the date of conversion) in relaxation of Rules. All necessary entries have been made in the Service Register of the individual. As per her date of joining i.e., 18.6.97 she was placed in the proposed seniority list (SCN) at Sl No 102. The placement of Smt H Aruna Kumari in the seniority list is thus in order and hence the objection is over ruled. VI. Objection filed by Sri P Murali Krishna, Junior Assistant, O/o CCT. The individual has stated that in the SCN issued in CCT’s Ref No C1/847/2009, dated18-06-2009, his name was placed at Sl No 132, while mentioning the date of joining as 09-12-2002 instead of his correct date of joining as 21-11-2002. He requested to correct his date of joining in the seniority list while finalization. Reply: As per records it is found that the individual was appointed by transfer against a drafting vacancy to the O/o CCT, under Rule 3, Note 4 & 5 of APMS Rules, 1998, vide CCT’s proceedings No. C1/1380/2001-2, dated 09-11-2002. The individual reported to duty in the O/o CCT on 21-11-2002. Necessary entries have also been made in the service Register of the individual. Accordingly, the date of joining of Sri P. Murali Krishna, Junior Assistant is corrected as 21-11-2002, and his position in the name is changed to Sl No131 and the name of Sri P V N Satyanarayana, Junior Assistant is to be relegated to Sl No132 since the date of joining of Sri P V N Satyanarayana is 09-12-2002. VII: Objection filed by Sri B. Shyam Sunder, Jr. Assistant. He stated that the Government had issued a Memo No.61337/CT.III.2/2009-2, dt.17-7-2009 directing the Commissioner (CT) to take action by reverting Sri D. Ravi Kumar back to his temporary status and to regularize his services immediately in the feeder category. Further, he informed that his services may kindly be regularized immediately besides sanctioning the increments and fixation of pay and place him in the seniority list of Jr. Assts. in the place of Sri D. Ravi Kumar. Reply: In CCT’s Ref. No.C1/288/2005, dt.17-12-2009j, the services of Sri B. Shyam Sunder has been regularized w.e.f. 26-5-2006 and declared the probation period on 255-2007. Sri D Ravi Kumar is to be reverted to the temporary DR vacancy existing as on 26,05,2006. His date of regularization will have to be revised accordingly. :: 12 :: Since Sri D Ravi Kumar who was relieved on inter-departmental transfer vide proceedings dated 11.12.2009, has joined back in this office on 19.05.2010 notice will be issued separately for the inclusion of the name of Sri B.Shyam Sunder in the seniority list and the placement of Sri D Ravi Kumar and Sri B.Shyam Sunder will be decided accordingly. As such, the seniority list is being finalized upto Sl No138 only. In exercise of the powers conferred in Commissioner of Commercial Taxes, A.P., Hyderabad and delegated powers to the Secretary to Commissioner (CT), O/o. the Commissioner of Commercial Taxes, A.P., Hyderabad vide CCT’s Ref. No.C1/250/2010, dt.16-4-2010, the proposed seniority list of Jr. Assistants/Jr.Stenos/Typists in the O/o. the Commissioner of Commercial Taxes, A.P., Hyderabad hereby confirmed and finalised, as appended in the Annexure. Copy of the final order is available on the internet and can be accessed at the addressed : http://www.apcommercialtaxes.gov.in Sd/- T.M.Sreelatha Secretary to Commissioner (CT) To The individuals concerned (as per Annexure) Copy to Notice Board Copy to Stock File/spare. ANNEXURE Sl.No. Name of the Individual Date of appointment as Jr. Asst/ Typist/ Jr. Steno. 1 D.Jayapal Asheervadam(SC) 09.07.1986 CTO 2 3 4 10.07.1986 25.07.1986 01.09.1986 DCTO Superintendent Sr.Assistant 6 7 8 9 10 11 A.V.Jogaiah - DR B.Bala Krishna C.P.Kalyani K.Suryanarayana Murthy DR P.N.Madhu I.V.Ranga Rao S.Rajeswari R.S.R.Anjaneya Sarma A.SrinivasaRao K.Tulasi Das 12 CH.Uma Devi 21.03.1987 13 14 15 16 17 18 19 G.Chandrakala M.V.Ch.Acharyulu Ch.Omkareswara Rao S.M.A. Rasheed P. Prakash Raj Pir Mohammad B.Ramesh 19.06.1987 20.06.1987 02.07.1987 05.07.1987 29.11.1987 07.01.1988 16.01.1988 5 - Date Birth of 09.06.1957 11.11.1953 28.10.1986 02.03.1987 02.03.1987 03.03.1987 18.03.1987 19.03.1987 19.03.1987 Presently working as DCTO 01.07.1954 20.01.1953 01.05.1956 02.07.1954 09.11.1957 Superintendent DCTO Superintendent Superintendent DCTO DCTO Superintendent (Expired) Superintendent DCTO DCTO DCTO DCTO DCTO Sr.Assistant 20 21 22 23 24 25 26 K.V.S.Prasad P.V.Prasada Rao K.V.R.Kumar G. Yellaiah (SC) - DR V.Krishna Rao - DR P.Surekha (SC) - DR S.V.P.Sarvani - DR 05.03.1988 07.03.1988 05.04.1988 21.07.1988 08.08.1988 18.07.1988 20.07.1988 15.07.1956 27 A.Seshu kumari 22.05.1989 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 K.Murali Mohan P.Sivarami Reddy - DR Y.Rama Koteswara Rao - DR G.Srinivas - DR R.Venkataratnam Mohd.Maseenuddin S.V.Raghavacharyulu M.Prem Kumar (SC) Ramesh Chandra Barico(ST) P.satyanarayana Rao D.Suribabu A.Shantaram - DR P.Umamaheswara Rao D.Chandra Mohan - DR P.Narasinha Rao J.Venkatesham P.Gangi Reddy 22.07.1989 22.05.1989 22.05.1989 31.03.1990 20.12.1990 01.10.1991 03.10.1991 11.11.1991 25.04.1992 11.12.1992 23.12.1992 23.12.1992 02.01.1993 20.02.1993 03.05.1993 03.05.1993 03.05.1993 45 O.Gundu Rao - DR 04.05.1993 46 47 D.Linga Reddy P.Lingeswara Rao 04.10.1993 04.10.1993 01.05.1952 02.09.1956 48 S.P.Satish Kumar 07.10.1993 07.03.1972 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Musthaq Ahammad Ashwaq Hussain K.Sairamana kumar ADP. Raj Kumar Y.Laxmana Prasad K.Vijaya Sreenu P.V.Meenakshi S.Giridhar T.Ramulu G.Siva Subramanyam P.Srinivasa Rao R.V.Subbaiah Mohd. Ibrahim Shaik Mahaboob Basha Sultan-Bin-Mohammad O.Usha Rani 25.02.1994 17.03.1994 04.04.1994 06.05.1994 07.05.1994 12.05.1994 13.06.1994 13.06.1994 12.07.1994 16.07.1994 18.07.1994 22.07.1994 30.07.1994 11.08.1994 12.08.1994 23.08.1994 04.11.1974 25.05.1974 09.05.1958 10.04.1967 65 K.Rama Mohan 24.08.1994 66 67 68 69 70 71 72 73 74 75 76 77 78 S.Nagender Rao S.A.Rasheed J.Gopal G.Srinivasa Rao S.Srinivas V.Venkateswara Rao Ch. Srinivas N.Chandra Sekhara Rao A.Hemalatha R.Samba Siva Rao D.Veerabrahmam K.Anantha Reddy PABKVK .Varma 24.08.1994 23.09.1994 17.10.1994 17.10.1994 18.10.1994 21.10.1994 22.10.1994 27.10.1994 01.11.1994 16.11.1994 17.11.1994 23.11.1994 24.12.1994 15.06.1956 05.02.1953 01.07.1960 20.03.1955 05.12.1952 04.02.1966 10.01.1965 05.04.1958 04.09.1968 01.01.1960 01.07.1956 15.09.1964 11.05.1963 01.04.1966 15.06.1962 24.07.1957 25.05.1966 15.08.1966 06.06.1966 30.05.1965 14.08.1965 01.07.1959 26.12.1958 Sr.Assistant DCTO DCTO Sr.Asst, Left the Dept., ACTO DCTO Sr.Assistant Typist, Transferred to Divn. Typist, Left the Dept. DCTO Sr.Assistant DCTO DCTO Sr.Asst., Dismissed. Sr.Assistant DCTO DCTO Sr.Assistant Sr.Assistant DCTO Sr.Assistant DCTO Sr.Assistant Sr.Assistant Sr.Assistant Sr.Asst. - Appointed by transfer as ASO in Sectt. Jr.Asst., Retd. Jr. Assistant Sr.Asst. - Appointed by transfer as ASO in Sectt. Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant DCTO DCTO Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Jr.Assistant Sr.Assistant Sr.Asst. - Appointed by transfer as ASO in Sectt. DCTO Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Spl.Cat.Steno Sr.Assistant Superintendent Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 A.Bhaska Reddy K.Saroja Ch.Gopal - DR P.Prem Singh - DR N.Venkatram Reddy - DR S.Krupa Rao (SC) - DR M.Suneetha (SC) - DR D.Babu Rao - DR A.Bala Veeranna - DR B.Madhavi R.Prabhavathi K.Padmasini V.Bhanu Prasad Pradeep Solmon S.Satyanarayana J.Srinivas R.Mangathai K.Kavitha Reddy D.Krishna Reddy M.Prasad Rao P.Kalyani Gulnaz Begum G.Vijaya Lakshmi H.Aruna Kumari V.Karunakar 31.01.1995 03.05.1995 22.07.1995 22.07.1995 24.07.1995 15.12.1995 05.07.1995 06.01.1996 17.07.1995 30.08.1995 11.10.1995 22.11.1995 19.12.1995 25.04.1996 27.06.1996 26.07.1996 01.08.1996 05.08.1996 30.08.1996 13.09.1996 02.12.1996 08.01.1997 19.03.1997 18.06.1997 09.07.1997 08.08.1959 22.05.1960 01.04.1969 104 KSKS.Prakash 20.11.1998 105 106 107 108 109 G.Balaji P.Kamal Rao (SC) A.Raghunadha Babu (SC) G.Subramanyam V.Nirmala 29.01.1999 11.04.2000 12.04.2000 25.04.2000 15.05.2000 18.04.1974 110 P.Dasharath 01.09.2000 10.06.1955 111 S.Srinivasa kumar 04.09.2000 06.04.1963 112 113 114 115 116 Syed Khursheeda K.Sumitra (SC) T.Hari Prasad N.S.Srinivasulu M.Rajya Lakshmi 18.12.2000 16.01.2001 19.01.2001 11.05.2001 24.09.2001 15-06-1953 05.08.1956 18.08.1973 11.06.1960 14.08.1974 117 S.V.M.Ramesh 27.09.2001 10.06.1963 118 119 120 121 122 123 124 125 126 127 K.Raghu Kishore B.Bhaskar Rao K.Chandra Sekhar V.Madhavi Asgari Begum M.Ravindar Reddy M.Maha Lakshmi Mohd.Iqbal K.Seshu Kumar K.Bala Bheem 29-10-2001 29-10-2001 29-10-2001 29-10-2001 29-10-2001 29-10-2001 29-10-2001 01.12.2001 10.12.2001 08.01.2002 01.07.1956 15.06.1964 15.08.1960 20.02.1960 01.07.1960 07.06.1968 128 M.Sayee Srinivasa Rao 08.01.2002 25.05.1964 129 130 131 132 133 134 135 136 137 D.Vidya Rani B.Annapurna P.Murali Krishna P.V.N.Satyanarayana - DR D.Sulochana (SC) - DR Y.Lakshmikanth - DR K.Chinna (ST) - DR D.Kaika (ST) - DR Ch.Dhana Lakshmi 21.06.2002 09.09.2002 09.12.2002 09.12.2002 12.03.2004 17.03.2004 30.04.2004 25.11.2004 18.06.2005 13.03.1969 15.07.1973 29.07.1977 06-07-1974 23.04.1976 02.06.1976 12.04.1975 23-05-1979 138 K.Rohini (ST) 01.03.2006 22.07.1970 05.09.1961 10.09.1965 16.04.1964 01.07.1062 30.08.1964 05.02.1953 19.10.1955 11.11.1967 13.10.1971 01.12.1961 28.12.1959 30.07.1964 19.05.1974 01.03.1956 20.10.1955 03.09.1969 21.07.1963 10.05.1959 06.08.1977 22.07.1967 Sr.Assistant Sr.Assistant Sr.Assistant Jr.Asst., Left the Dept. Sr.Assistant Sr.Steno Jr.Steno ACTO Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Typist Sr.Assistant Spl.Cat.Steno Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Sr.Assistant Compulsory retirement Sr.Assistant Typist Jr.Assistant Jr.Assistant. Left the Dept. Typist DCTO DCTO Typist Jr.Steno (Retd.) Jr.Assistant, (Repatriated) Jr.Assistant, (Repatriated) Typist Sr.Assistant Jr.Assistant Sr.Steno Jr.Assistant Jr.Assistant, (Repatriated) Jr.Assistant Jr.Assistant Jr.Assistant Jr.Assistant Jr.Assistant Jr.Assistant Typist, Expired Jr.Assistant Jr.Assistant Typist Jr.Assistant, Left the Dept. Jr.Assistant Jr.Assistant Jr.Assistant Jr.Assistant Typist Typist Typist Sr.Assistant Jr.Steno, Left the dept. Jr.Assistant Sd/- T.M.Sreelatha Secretary to Commissioner (CT)