Sri N. VARADAIAH, SENIOR ACCOUNTANT (RETIRED ON 30.06.1993), DISTRICT TREASURY, GUNTUR - ASSIGNING OF NOTIONAL SENIORITY IN THE CATEGORY OF SUB TREASURY OFFICER ON PAR WITH HIS JUNIOR Sri A. VEERA SWAMY, STO (RETD.). Memo No.A2/12201/2012,-

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W.No.15 AMARAVATI, FRIDAY , APRIL 13, 2018 G.14 PART II - MISCELLANEOUS NOTIFICATIOSN OF INTEREST TO THE PUBLIC --x--

NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,

DIRECTORATE OF TREASURIES AND ACCOUNTS

ANDHRA PRADESH : : AMARAVATI AT IBRAHIMPATNAM

Sri N. VARADAIAH, SENIOR ACCOUNTANT (RETIRED ON 30.06.1993), DISTRICT TREASURY, GUNTUR - ASSIGNING OF NOTIONAL SENIORITY IN THE CATEGORY OF SUB TREASURY OFFICER ON PAR WITH HIS JUNIOR Sri A. VEERA SWAMY, STO (RETD.).

Ref : l. DD, DT, Guntur Rc.No.6602/A1/2010, dated 10.2012 along with representation Dated NIL of Sri N. Varadaiah, Senior Accountant (Rtd.,), DT, Guntur.

2. Representation dated NIL of Sri N. Varadaiah, Senior Accountant (Rtd.,), DT, Guntur.

3. This office Memo No. A3/1201/2012, Dated: 28.01.2013.

4. DD, DT, Guntur Lr. Rc.No.A1/6062/2010, Dated: 21.07.2014.

5. DD, DT, Guntur Lr. Rc.No.A1/6062/2010, Dated: 13.04.2015.

6. This Office Lr. No. A2/12201/2012, Dated: 07.11.2016 addressed to the Government.

7. Govt. Memo. No. 1496/111/A2/Admn.1/2017, Dated: 04.02.2017 of Fin. (Admn.I) Dept.

8. This Office Memo. A2/12201/2012, Dated: 14.02.2017.

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Memo No.A2/12201/2012,- Sri N. Varadaiah while working as Senior Accountant, was suspended from service w.e.f. 08.10.1985 to 19.01.1988 and was reverted as Junior Accountant w.e.f. 20.01.1988 and placed under suspension up to 26.02.1990 in connection with the offence of selling Treasury forms to waste paper merchant for a sum of Rs. 1,500/- on 01.10.1985 besides ordering recovery of Rs. 16,755 towards loss sustained to Government and a criminal case was also filed in Hon'ble VI Addl. Munsiff Magistrate, Guntur vide C.C.No. 252/85.

Meanwhile, the Hon'ble VI Additional Munisiff Magistrate, Guntur in his order Dated: 16.08.1989 in C.C.No. 252/85 that Sri N. Varadaiah is not found guilty, for the offence under Section 409 IPC and acquitted him under Section 248 CRPC. In view of the orders of the Hon'ble VI Additional Munisiff Magistrate, Guntur, the Govt, vide Memo. No.l8548/531/A2/Admn-I/89, Dated: 19.02.1990 of Fin. & Plg. (FW.Admn.I) Dept., instructed this office that the suspension of Sri. N.Varadaiah, JA (U/S) is revoked and reinstated to duty with immediate effect. In compliance with the orders of the Govt., this Office vide Procgs. No.Kl/38908/1985, Dated: 21.02.1990 Sri N.Varadaiah reinstated to duty as Junior Accountant w.e.f. 27.02.1990.

Further, the Govt, vide Memo. No. 18548/531/A2/Admn. 1/89 of Fin. & Plg. (FW.Admn.I) Department, Dated:15.10.1992 has issued order that the period of suspension from 20.01.88 to 26.02.1990 shall be treated as on duty for all purposes as per Note(4) F.R. 54- B and he is entitled for full pay and allowances under Note 3 of F.R. 54-B.

Sri N. Varadaiah has approached the Hon'ble Tribunal in 3376/93 with M.A.No. 955/99 with a plea to declare the action of the 2nd respondent (DTA, AP, Hyd) in imposing the penalty as made in procgs. Rc. No. D1/3908/85, Dated: 21.12.1987 as reviewed by 1st respondent (Government) in Memo. No. 18548/ 531/A2/Admn. 1/89, Dated: 15.10.1992 as illegal, void and set aside the same, consequently directing the respondents to treat the applicant as Senior Accountant and ignoring the reversions as Junior Accountant and order payment of arrears of salary and consequential benefits and further direct the respondent to refix the pensionary benefits as per revising scale of salary.

Hon'ble APAT, AP, Hyderabad in its order Dated: 18.06.1999 has pronounced the following Judgement:

"In view of the facts and circumstances of the case, we set aside the impugned orders. Since we have accepted the contention of the applicant that the matter ought to have referred to the Tribunal for disciplinary Procgs. We refrain ourselves to give any finding about the contention of the applicant regarding the conduct of the departmental enquiry and the appeal proceedings. However, the respondent are at liberty to take appropriate action as per rules. The O.A is accordingly disposed of No costs. M.A. 955/99 is allowed accordingly".

Finally, Sri N. Varadaiah once again approached the Hon'ble APAT, AP, Hyderabad in O.A. No. 10672/2002 praying the Hon'ble APAT to direct the respondents to treat the period of suspension from 08.10.1985 to 19.01.1988 as on duty for all purpose and consider his case for promotion as STO, by treating him as Senior Accountant on his reinstatement into service and promote him as such with effect from the date of his Juniors promotion, with all consequential benefits by passing orders on the representations made by the applicant.

Hon'ble APAT, AP, Hyderabad in its order Dated: 30.11.2005 in the above OA has passed the following orders:

"That the applicant is at liberty, to file a fresh representation, to the concerned respondent, or respondents, under proper written acknowledgement, or acknowledgements, within 30 days after receipt of the a copy of the present orders, furnishing all the claims details, particulars, data, facts and figures, and all the required details, showing as to how, he is entitled for the reliefs, claimed by him in the present O. A., and set forth in sub pare (a) 1, Supra:

Thereupon, the concerned respondent, or, respondents shall examine, and consider the same, and pass appropriate detailed reasoned orders thereon, within 60 days, thereafter, in accordance with the relevant Laws, by Laws, Rules Regulations, GOs and shall, later, communicate the same to the applicant, within 15 days thereafter, under proper written acknowledgment".

The DTA, AP, Hyderabad has field Writ Petition No. 3173 of 2000 before Hon'ble APHC against the order Dated: 18.06.1999 of Hon'ble APAT in O.A.No. 3376 of 1993.

The Hon'ble AP High Court in WP.No. 3173 of 2000 in its order Dated:

28.07.2008 has passed the following Judgement:

"The leaned counsel appearing on either side fairly conceded that the issue arises for consideration in this writ Petition is covered by the judgement reported in Govt, of AP Vs Sadananda Murthy and another."

In View of the orders of the Hon'ble AP High Court this office vide Memo. K (I) 4/10080/200 Dated: 13.03.2009 has instructed the DD, DT, Guntur examine the case of Sri. N.Varadaiah, Junior Accountant (Retd.) for regularization of the period of suspension, as per Cir. Memo. No. 32818/A/521/ FR.I/2008, Dated: 05.12.2008 of Fin. (FR.I) Dept., Accordingly, the DD, DT, Guntur vide Procgs. Rc. No.2917/1990/A1/STO-N, Dated: 05.10.2009 period of suspension of Sri. N. Varadaiah, Junior Accountant (Retd.) District Treasury Officer Guntur from 08.10.1985 to 19.10.1988 treated as on duty under Rule 54- B duly cancelling earlier punishment i.e., reversion of the individual from SA cadre to JA cadre.

The above facts were brought to the notice of the Government vide reference 6 th cited, with a request to assign notional seniority to Sri N.Varadaiah, SA (Retired on 30.06.1993) in the category of STO on par with his immediate Junior Sri A. Veeraswamy, STO (Retd.), District Treasury, Guntur w.e.f. 01.04.1990 i.e., date of regularisation of his immediate junior.

The Government vide reference 11th cited while forwarding the representation of the individual have requested to take necessary action on the representation Dated: 07.09.2017 of Sri N. Varadaiah, SA (Retd.), District Treasury, Guntur, in terms of Rule 24 of AP SSS Rules, 1996 and place the matter before review DPC for consideration and thereafter, take necessary action for relaxation of Rule 33 (a) of the said rules, so as to assign the notional seniority / promotion to Sri N. Varadaiah, Senior Accountant (Retd) in the category of Sub Treasury Officer on par with his immediate junior Sri A. Veeraswamy, STO (Retd.), District Treasury, Guntur w.e.f. 01.04.1990.. duly obtaining orders in circulation as per A. P. Business Rules, if he is otherwise eligible for promotion.

To revise the Sub Treasury Officers panel for the year 1989-1990 for assigning notional seniority to Sri N. Varadaiah, SA (Retd.), District Treasury, Guntur in the category of Sub Treasury Officer on par with his immediate Junior Sri A. Veeraswamy, STO (Retd.), District Treasury, Guntur, the following (38) individuals are likely to be affected.

The above individuals are therefore requested to submit their objections if any on the proposed notional seniority in the category of Sub Treasury Officer to Sri N. Varadaiah, Senior Accountant (Retd.), District Treasury, Guntur on par with his immediate junior, within (15) days from the date of receipt of this memo, failing which, it will be construed that, they have no objections in the matter and further action will be taken accordingly.

N. MOHANA RAO,

Director of Treasuries and Accounts (FAC).

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