Revised Provisional Seniority list of Graduate Deputy Executive Engineers of Zone-IV - Communicated - Objections called for - Received - Confirmed Seniority List. Memo. No.Ser.lV(1)6970/2013

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Registered No. HSE-49/2016

PART VII EXTRAORDINARY

No.21 AMARAVATI, THURSDAY , JULY 12, 2018 G.375 NOTIFICATIONS BY GOVERNMENT

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PANCHAYATI RAJ ENGINEERING DEPARTMENT

OFFICE OF THE ENGINEER-IN-CHIEF(PR), VIJAYAWADA.

REVISED PROVISIONAL SENIORITY LIST OF GRADUATE DEPUTY EXECUTIVE ENGINEERS OF ZONE-IV - COMMUNICATED - OBJECTIONS CALLED FOR - RECEIVED - CONFIRMED SENIORITY LIST.

Ref: 1. This office Memo No.Ser-IV(l)/6970/2013, dated 12.07.2016.

2. Hon'ble APAT orders dated 3.11.2016 in O.A.No.5223/2013 and batches 3. G.O.Ms.No. 17, dated. 26.02.2018 of PR & RD (E.I) Department.

4. This office Memo No. Ser.IV(l)/6970/2013, dt. 11.04.2018

Memo. No.Ser.lV(1)6970/2013-, In the reference 1st cited, the seniority list of Graduate Deputy Executive Engineers of Zone-IV was confirmed and communicated subject to final outcome of O.As./W.Ps./SLPs., if any, pending in the Courts/Tribunal.

In pursuance to the Hon'ble High Court/Hon'ble APAT orders in the reference 2 nd cited and based on the orders of the Government in the references 3rd cited, the revised Provisional Seniority list of Graduate Deputy Executive Engineers of Zone-IV was communicated vide reference 4th cited, duly calling objections.

In response to the above provisional seniority list, the following individuals have submitted their objections.

1. Sri A.Gopal Reddy, DEE, PRISD, Proddatur, Kadapa District

2. Sri K.Chandrasekhar Reddy, DEE, PRISD, G.D.Nellore, Chittoor District

[1]2 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-VII The details of objections are as follows:

Sri A.Gopal Reddy, DEE, PRISD, Proddatur, Kadapa District

He raised the following objection:

a) He was placed at SI.No. 148 by giving date of regularization as 30.06.1997 in the seniority list communicated on 12.07.2016, by considering departmental test and M.Tech. qualification . But in the seniority list communicated on 11.04.2018, his seniority position was changed to SI.No. 177, duly changing his date of regularization as 30.06.1999, due to 16 (h) exemption and due to combined seniority list of PR & RWS Departments and the RWS Engineers are benefitted even though he is competent for the original position of the seniority of SI.No.148 and date of regularization as 30.06.1997, due to which he is loosing his seniority and future promotions.

He requested to examine his case and give justice duly placing him in his original place in the seniority list without disturbing seniority of Engineers, who are come under 16 (h) exemption and he may be inserted in the same slot of previous seniority list.

Remarks: Previously the seniority list of Dy. Executive Engineers was confirmed with applying Rule 16 (h) during the year 2016. Now due to Hon'ble Supreme Court/ Hon'ble APAT orders and based on the orders of the Government, i.e., amendment issued to AP PR Engineering Service Rules vide G.O.Ms.No. 17, dated. 26.02.2018 of PR & RD (E.I) Dept., the placements of belated AEEs were restored to their original positions. Thus he was pushed down in the seniority. Further, the PR Engineering Department was bifurcated from 01.04.2008 and the seniority list of AEEs/DEEs should be prepared upto 31.03.2008 in the unified PRED. Due to this reason, he has not find place in PG slot and he was placed at the appropriate place as per his seniority.

Hence, his objection is rejected.

Sri K.Chandrasekhar Reddy, DEE, PRISD, G.D.Nellore, Chittoor District

Objection: He has submitted that,

In the Provisional Seniority list Sl. No.141,143 to 150 ,152 to 159 and 161 to 164 are Upgraded DEE's and the date of regularization have been shown as 30-06-97 to 13-04-1998 ahead of APPSC 1989 batch recruitees and subsequently promoted as DEE's.

During the year 1989, the APPSC has Published the list of 198 selected AEE's.

The notification for the said selection was issued on 07.03.1986 & 19.07.1986 i.e., 3 years prior to the selection made during the year 1989. Vide GO.MS.No. 662 Dt.

24.11.1987 of PR & RD was issued for giving provision for Upgradation from AE's cadre to AEE's. The Vacancies were notified in March 1986 & July 1986 in two Phases to APPSC and while the Process of selection was underway, the appointment of AEE's by transfer for the same vacancies was done and 24 AEE's were Placed enbloc over theJuly 12, 2018] ANDHRA PRADESH GAZETTE EXTRAORDINARY 3 1989 PSC batch regularly recruited AEE's. The appointments made by any other method other than through Public Service Commission between date of notification i.e., 07-03-1986 & 19-07-1986 & and actual date appointment i.e., 27-01-1989 by APPSC should be Placed after the PSC candidates only.

The Hon'ble Supreme court of India Vide the Judgement Dt.27-11- 2012 has confirmed that the notification Date in Public Service Commission as the criteria for determining the date of regularization for Direct Recruits as given in Page Nol9 and 21 of the said Judgement as given below.

"It is not necessary that the DR for 1987 vacancy should join in 1987 itself. It would suffice if action has been initiated for 1987 DR vacancies in 1987 itself.

This is because, in a case of direct recruitment, if the administrative action in filling up the post by DR takes more than a year or so the individual cannot be held responsible for such administrative delay and hence it would not be appropriate to deprive him of his due seniority for delay on the part of administration in completing his selection by direct recruitment. In fact ordinarily the process of direct recruitment takes more than a year to be completed and if DR is to join in the same year for getting seniority of that year then no DR will get seniority of the same year because as already stated the DR process takes more than a year. Hence, as already stated initiation of action for recruitment in sufficient."

" It is not necessary, that the direct recruits for vacancies of a particular recruitment year, should join within the recruitment year ( during which the vacancies had arisen ) itself. As such, the date of joining would not be a relevant factor for determining seniority of direct recruits. It would suffice if action has been initiated for direct recruit vacancies, within the recruitment year in which the vacancies had become available. This is so, because delay in administrative action, it was felt, could not deprive an individual of his due seniority. As such, initiation of action for recruitment within the recruitment year would be sufficient to assign seniority to the concerned appointees in terms of the rotation of quotas principle, so as to arrange them with other appointees ( from the alternative source ), for vacancies of the same recruitment year."

"If the process of recruitment has been initiated during the recruitment year ( in which the vacancies have arisen) itself, even if the examination for the said recruitment is held in a subsequent year, and the result is declared in a year later ( than the one in which the examination was held), and selected candidates joined in a further later year ( than the one in which the result was declared),the selected candidates will be entitled to be assigned seniority, with reference to the recruitment year ( in which the requisition of vacancies was made ). The logic and reasoning for the aforesaid conclusion (expressed in the ON dated 2.2.2000) is, if the process of direct recruitment is initiated in the recruitment year itself, the selected candidate(s) cannot be blamed for the administrative delay, in completing the process of selection."4 ANDHRA PRADESH GAZETTE EXTRAORDINARY [Part-VII

R.VENKATESWARA RAO, Engineer-in-Chief, PR, Vijayawada.

Date : 27-4-2018

CONFIRMED SENIORITY LIST OF GRADUATE DEPUTY EXECUTIVE ENGINEERS OF ZONE-IV-COMMUNICATED- ERRATUM.

Ref: 1. T/o. Memo No.Ser.IV(2)/6790/2013, dated. 27.04.2018

2. U.O.Note No. G.Section/9622/2013, dated. 08.06.2018 of G.Section of this office.

Memo. No.Ser.lV(1)6970/2013-, The following Erratum to the confirmed seniority list of Graduate Deputy Executive Engineers of Zone-IV communicated vide reference 1st cited is issued with immediate effect.

ERRATUM

The names of Sri N.Sadasiva Rao, (G.0.647 batch), Sri B.Krishnappa (G.O. 413 batch) and Sri G.Krishna Murthy (PSC-1989 batch), whose names were not shown in the confirmed seniority list of Graduate Deputy Executive Engineers communicated vide reference 1st cited shall be included at SI.Nos.54, 104 and 167.

Therefore, the SI.No. 53 to SI.No. 215 in the confirmed seniority list of Graduate DEEs of Zone-IV communicated vide reference 1st cited, shall be read as SI.No.54 to 216.

This memo (Erratum) is available on the website of PRED at www.pred.qov.inJuly 12, 2018] ANDHRA PRADESH GAZETTE EXTRAORDINARY 15

R.VENKATESWARA RAO, Engineer-in-Chief, PR, Vijayawada.

Date : 13-6-2018

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