GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Social Welfare Department - Public Services – State and Subordinate Services –  Rule of  Reservation in promotions in favour of Scheduled Castes and Scheduled Tribes -   under Article 16(4A) of  the Constitution of india – Orders – Issued.

…………………………………………………………………………………

SOCIAL WELFARE (SW.ROR.1) DEPARTMENT

 

G.O.Ms. No. 5,                                              Dated:  14th February, 2003

                                                                        Read the following:

 

1.      The Constitution (Eighty Fifth Amendment) Act, 2001 to

       Article 16(4A) .

 2.   G.O.Ms. No.47,  Social Welfare (CV.1) Department, dated

         31-5-2000.

                                                ….

ORDER:

 

Article  16(4A)  of the Constitution as amended by the Constitution (Eighty Fifth Amendment) Act, 2001 reads as follows:

 

 ‘’ 16(4A):  Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential  seniority, to any class or classes  of posts  in the services under the State  in favour of the Scheduled Castes and Scheduled Tribes which, in the opinion of the State, are not adequately represented in the service under the State”.

           

2.   The  said  Amendment to the Constitution  has been  made with an objective  of making a provision for reservation in matter of promotion with consequential seniority to any class or classes of posts in the services under the State in favour of Scheduled Castes and Scheduled Tribes which in the opinion of the State, are not adequately represented in the service under the State.

 

            3. In  view of the  said  amendment to the Constitution of India and  the demand for rule of reservation in promotion in favour of Scheduled Castes and Scheduled Tribes from various Service Organisations of Scheduled Castes and Scheduled Tribes,   to all categories of posts  in all departments has been examined by the Government.

 

4. The Government after careful consideration, have decided to implement rule of reservation in promotion to ensure adequate representation of the Scheduled Caste and Scheduled Tribe  employees, ie. 15% and 6% respectively in all categories of posts in all departments.  The Government therefore direct that ;

 

a)                  Reservation shall be implemented in favour of Scheduled Castes and Scheduled Tribes in promotion in all categories of posts in all State Government departments  with immediate effect.

 

b)                 Reservation in promotion in favour of Scheduled Castes and Scheduled Tribes  is applicable to all categories or cadres whose cadre strength is more than five.

 

c)                 The existing 100 point roster already prescribed in Rule 22 of the Andhra Pradesh State and Subordinate Service Rules by the State Government shall be followed in cases of promotion in all the categories where reservation in promotion in favour of Scheduled Castes and Scheduled Tribes is followed.

 

d)                 Reservation in promotion in favour of Scheduled Castes and Scheduled Tribes shall be prospective and shall be made applicable to the posts to be filled up. As on the date of issue of these orders, the Panel year for 2002-2003 has already  commenced from 1st September, 2002 and therefore the panels already prepared and given effect shall not be disturbed. The Panels   which are not yet prepared shall now be prepared based on  rule of reservation in promotion and Panels prepared and not given effect to, shall be reviewed on the principle of reservation in promotion in favour of   Scheduled Castes and Scheduled Tribes .

 

 

e)                 Reservation in promotion in  favour of Scheduled Castes and Scheduled Tribes shall be applicable to those candidates who are fully qualified and eligible to hold the post as per  existing Rules and guidelines.

 

f)                   Reservation in promotion in favour of Scheduled Castes and Scheduled Tribes  shall also apply to other institutions in which reservation in respect of Scheduled Castes and Scheduled Tribes is followed.

 

g)                 Detailed guidelines on filling up the roster points based on the rule of reservation in promotions will be issued separately.

 

5. Appropriate amendment to Rule 22 of the Andhra Pradesh State and Subordinate Service Rules,1996  will be issued separately.

 

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

                                                                       SATHI NAIR,

Chief Secretary to Government

To:

All Department of Secretariat, AP Hyderabad

All Heads of Departments

All  District Collectors

The Secretary, A.P. Public Service Commission, AP Hyderabad

The Registrar, Andhra Pradesh High Court, AP Hyderabad

The Registrar, Andhra Pradesh Administrative Tribunal, AP Hyd

All Registrars of all Universities in the State

All Managing Directors of Public Sector Undertakings in A.P.

The Commr. of Printing  and Stationery,for publication  in AP Gazette

PS to Chief Secretary to Government, Genl. Admn. Department

PS to Secretary to Government(Poll), Genl.Admn. Dept

PS to Secretary to Government(Ser), Genl. Admn.  Department

PS to Secretary to Government, Law Department

PS to Principal Secretary to Governent, Social Welfare Department

PS to Secretary to Government(TW), Social Welfare department

PS to Principal Secretary to C.M.

PS to Special Secretary to CM., AP Hyderabad

PS to Minister for Social Welfare, AP Hyderabad

PS to Minister for Tribal Welfare, AP Hyderabad

All Sections in Social Welfare Department

All Sections in Genl.Admn.  Department

                        //FORWARDED BY ORDER //

                                                                                  SECTION OFFICER