GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Establishment - PHSS - Entomological Assistants(AMO) - Proposalfor cancellation of regularisation of services of Sri N.S.Prakasa Rao, formerlyEntomological Assistant, and now District Malaria Officer, East Godavari district w.e.f.29.2.79 and place him among departmental promotees and consequential reversion - Orders -Issued.

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HEALTH MEDICAL & FAMILY WELFARE(J2) DEPARTMENT

G.O.MS.NO.425 DATED.17--7--1999.

Read the following:--

1.From the DH AP Hyderabad Rc.No.10726/E5.B/87 dt.10.11.97.

2.Govt.Memo.No.35396/J2/97-4, dt.16.5.98.

3.From the DH Hyderabad Rc.No.10726/E5.B/87 dt.29.7.98.

4.G.O.Rt.No.1719 HM&FW(J2)Deptt.,dt.14.11.98.

5.Govt.Memo.No.35396/J2/97/7, dt.14.11.98.

6.From Sri N.S.Prakasa Rao, Entomological Asst & now DMO  explanation dt. 29.12.98.

7.From the DH Hyderabad lr.No.10726/E5.B/87 dt.29.12.98.

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O R D E R:-

The Director of Health in his letter Ist read above has reportedthat certain individuals were appointed to the post of  Entomological Assistants inthe respective zones by the Regional Director, Medical & Health Services concerned asper the instructions issued by Government vide memo.No.867-H1/78-1, dt. 2.1.79 and theirservices were regularised from the date of their reporting to the post of EntomologicalAssistant (A.M.O.) The Director of Health has stated that certain direct recruitees wereappointed to the post of Entomological Assistants (A.M.O) and appealed to the Government.He has also mentioned that orders were issued in G.O.Ms.No.554 HM&FW dt. 29.10.83cancelling the regularisation of Services of the Departmental promotees in the category ofAssistant Malaria Officer and directed his office to revise the dates of regularisationand to place their names below the direct recruitees and to obtain the concurrence ofA.P.Public Service Commission to assign the dates of regular appointment of Departmentalpromotees. The Departmental promotees of Entomological Assistant (A.M.Os) have filed aR.P.No.6514/88 in Andhra Pradesh Administrative Tribunal and Andhra Pradesh AdministativeTribunal in its Judgement dt. 8.3.95 have dismissed the above R.P.which has been upheld bythe Supreme Court of India in S.L.P. Civil No.10189/95 dt. 15.3.96 and therefore theorders issued by the Government hold good.

2. On the above context of regularisation of services of certainDepartmental promotees of Entomological Assistants, it was noticed that the services ofone of the Departmental promotee Entomological Assistants ie.,Sri N.S.Prakasa Rao wereregularised in that category w.e.f.29.2.79 and shown at S.No.4 in the final senioritylist,ignoring the remaining similarly placed  Entomological Assistants. As seen fromthe letter dt. 29.7.98 of the Director of Health and the explanation of the individual,the seniority list was issued based on the orders dt. 22.10.83 of A.P.AdministrativeTribunal in O.A.No.1640/79 and his name was included as his services were regularised witheffect from 29.2.79 as per the said A.P.Administrative Tribunal orders. However, the saidA.P.Administrative Tribunal orders are limited to the extent of consideration of hisrequest to appear before Andhra Pradesh Public Service Commission along with othertemporary promotees for making them on regular basis in the category of EntomologicalAssistant and consequential regularisation of services as per G.O.Ms.No.12 HM&FW(H)Department dt. 5.1.82. The said A.P.Administrative Tribunal orders are not for placing himabove the direct recruitees, ignoring the other similarly placed departmental promotees.Thus it is seen that his services were wrongly regularised by the Director of Health onthe said AP.Administrative Tribunal order dt. 22.10.83. It was considered against theprinciples of natural justice that one departmental promotee will retain seniority abovethe direct recruit Entomological Assistants, when all other departmental promoteeEntomological Assistants are given seniority below direct recruits. Therefore,it wasproposed  to cancel the regularisation of services of Sri N.S.Prakasa Rao,Entomological Assistant with effect from 29.2.79 and to place him among the Departmentalpromotees Entomological Assistants and place below the Direct recruitees.

3. Accordingly Sri N.S.Prakasa Rao was given a show cause noticevide Memo. dt. 14.11.98 and the orders were issued for regularisation of the remainingpersons - vide G.O.Rt.No.1719 HM&FW (J2) Deptt., dt. 14.11.98. Sri N.S.Prakasa Rao hassubmitted his explanation vide reference 6th read above.

4. The Government after careful examination of the matter herebyreject the explanation of the individual. They accordingly direct that the regularisationof services of Sri  N.S.Prakasa Rao, formerly Entomological Assistant and nowDistrict Malaria Officer, East Godavari District be cancelled in the category ofEntomological Assistant with effect from 29.2.79 and place him among departmentalpromotees at appropriate place. Government also direct that Sri N.S.Prakasa Rao bereverted to the post which his immediate junior is holding, immediately.

5. The Director of Health shall take necessary actionaccordingly.

(BY ORDER AND IN THE NAME OFTHE GOVERNOR OF ANDHRA PRADESH)

RACHEL CHATTERJEE

SECRETARY TO GOVERNMENT.

To

Sri N.S.Prakasa Rao, formerly Entomological Assistant &

now District Malaria Officer, East Godavari district

through the Director of Health,A.P.,Hyderabad.

Copy to:

The Director of Health,A.P.,Hyderabad.

The Government Pleader for M&H(Services), A.P.A.T.,Hyderabad.

HM&FW(C) Department(for necessary action)

P.S. to Minister (M&H)

SF/SC.

//FORWARDED::BY ORDER//

SECTION OFFICER.