OFFICE OF THE DIRECTOR OF WORKS ACCOUNTS ANDHRA

OFFICE OF THE DIRECTOR OF WORKS ACCOUNTS
ANDHRA PRADESH :: HYDERABAD
Present : P.Kesavarami Reddy
Director of Works Accounts
Proceedings No.DWA/Hyd/Sn.I/EC.1/2014-15/23
Dated:-16-05-2014
Sub: PS-A.P.W.A.S-Divisional Accounts Officers (W), Grade-II-Rectified and
Revised Final Seniority List-Communicated-Regarding.
Ref:1. T.O.Proc No.DWA/Hyd/Sn-I/EC-1/2012-13/219 dt:-06-06-2012
2. Representation of AP DAOs(W) Association dt:-03-06-2013
3. Government Memo No. 015114-C/303/WA-II/2013 of
Finance(WA-II) Department dt:- 19-10-2013
4. T.O.Lr No.DWA/Hyd/Sn-I/EC-1/2013-14/447 dt:-18-11-2013
5. Government Memo No. 015114-C/303/WA-II/2013 of
Finance(WA-II) Department dt:- 27-12-2013
6. T.O.Lr No.DWA/Hyd/Sn-I/EC-1/2013-14/527 dt:-16-01-2014
7. Government Memo No. 015114-C/303/WA-II/2013 of
Finance(WA-II) Department dt:- 03-05-2014
8. Government Memo No. 15855-E/356/WA-II/2013 of
Finance(WA-II) Department dt:- 19-10-2013
9. Government Memo No. 11179-A/216/WA-II/2013 of
Finance(WA-II) Department dt:- 04-12-2013
10. T.O. Memo No.DWA/Hyd/Sn-I/EC-1/2014-15/13 dt:-07-05-2014
11. Representation of Sri S.Sreenath Rao & 27others
12. T.O. Memo No.DWA/Hyd/Sn-I/EC-1/2014-15/21 dt:-15-05-2014
13. Proceedings of the Review DPC Meeting dated 16-05-2014
***
It is informed that there was a dispute in the seniority between the rank
promotees and direct recruit DAOs (W) Grade II. Sri M. Madhusudhana Rao, DAO (W)
Grade filed OA No.1341/2005 before the Hon’ble A.P.A.T. The Hon’ble APAT in its
order dated 22-1-2010 in OA No. 1341/2005 issued directions to the official respondents
at Para 29 and 30 of the said order which is extracted below:
Para 29 :
As Already stated, the seniority list of Divisional Accounts Officers GradeII which has been finalized in the year 1996, did not take into consideration the
objections raised by the applicant against the provisional seniority list issued in this
regard, and therefore, it cannot be said that this list has become final. Moreover, as
per para 14(e) of the circular memo dated 21-04-1999, the seniority lists finalized by
various authorities, based upon the Court judgments in individual cases, which have
become final, cannot be disturbed, and the seniority list of Divisional Accounts Officers
Grade-II in question in the present case was not finalized by any Courts, and it is for the
first time that this seniority list has come up for adjudication before this Tribunal. In
these circumstances, the objection raised by the respondents in the counter in this
regard is liable to be rejected and accordingly rejected.
Para 30 :
For the reasons mentioned above, the O.A is allowed, and the memo
issued by the 1st respondent in No.29290, dated 30-12-2004, rejecting the
representation of the application to recast the seniority list as per rules, is illegal,
arbitrary and liable to be set aside, and accordingly, the same is set aside. The
respondents 1 and 2 are directed to recast the seniority list of the Divisional
Accounts Officers(Works) Grade-II as per rules and the directions of the Apex Court
and also this Tribunal at the first instance, deciding the cadre strength year-wise and the
quota of direct recruits and promotees before making further promotions. The
respondents are also directed to fix the seniority of the applicant in the final seniority list
based on the above directions, and grant him all consequential benefits, including
promotion etc. This exercise shall be completed within six weeks from the date of
receipt of this order.
Keeping the above directions of the Hon’ble A.P.A.T, a Final Seniority list of
DAOs(W) Grade-II together with approved annual panels from 1980-81 to 2010-11 has
been published based vide this office proceedings1st cited.
Subsequently the AP DAOs(W) Association vide reference 2nd cited have
represented the Government for rectification and revision of approved panels and
seniority on the following points
1. For inclusion of Emergency DAOs(W)
2. The SC/ST carry forwarded vacancies being kept vacant for years together
without accommodating the employees from merit cum seniority
3. Removal of retired and expired employees from the panels
4. Filling up of Temporary posts with promotees
5. Implementation of Rule 16(h) of AP State and Subordinate Service Rules in
respect of Direct Recruit DAOs(W)
Government vide Memo 3rd cited, have called for remarks on the representation
of the DAOs(W) Association and
a detailed report has been submitted to the
Government vide this office letter 4th. Finally the Government after careful examination
of the entire case have issued instructions for rectification and revision of seniority in the
cadre of DAOs(W) Grade-II on the following points vide reference 5th and 7th cited.
1. With regard to emergency DAOs(W) the Government have issued instructions to
verify the records and Service Registers of Emergency DAOs(W) as per Rule 3
of AP DAOs(W) Special Service Rules issued vide G.O.Ms No.290 F&P dt:-1111-1982.
2. With regard to implementation of RoR, the Government have issued instructions
to follow the RoR in promotions duly filling the roster points from eligible SC/ST
candidates in first in case the roster points were utilised and filled up with the
candidates from the merit cum seniority list in previous panels and also to follow
the instructions in para 13 of G.O.Ms no.2 dt:-09-01-2004.
3. With regard to removal of retired and expired employees from the panels, the
Government after taking the concurrence of the GAD have issued instructions
that the panel consisting the names of employees who retired from service and
who are not on the rolls on the date of approval of panels shall be removed duly
accommodating eligible employees by seniority in the panel.
4. With regard to filling of temporary posts, the Government have issued
instructions to take the temporary vacancies into account as per the Government
sanction orders issued from time to time and revise the panels based on the
available records.
5. With regard to implementation of Rule 16(h), the Government have issued
instructions that since the issue is pending in the Hon'ble APEX Court the matter
will be examined later duly consulting the GAD and LAW Department.
The Government vide memo 7th cited, have also issued instructions permitting
this office to adjust the remaining candidates in the deemed vacancies.
Further some of the individuals appointed by transfer as DAOs(W) Grade-II from
the PAO(W&P) organization have represented the Government for revision of seniority
list of DAOs(W) Grade-II by placing them under the quota of Group-B in category VI(2)
of AP Works Accounts Service 1998. In turn the Government vide Memo 8th and 9th
cited have issued instructions to consider the request of the individuals by placing the
matter before the review DPC to place them at their appropriate places in their
respective panels by following the note 2 under rule 3 of AP Works Accounts Service
Rules 1998 by placing them alternatively in the seniority list one by one from Group-A
and Group-B.
In pursuance of the above clarifications/instructions issued by the Government, a
provisional seniority list of DAO (W) Grade II along with the Draft Panels have been
communicated to all DAOs (W) Grade-II through this office memo 10th cited and
directed to submit their objections, if any, in the provisional seniority list within (7) days.
Accordingly the DAOs (W) in the reference 11th cited have filed their objections
on revision of seniority list. The representations of the DAOs (W) have been examined
with reference to rules and several orders passed by the Hon’ble A.P.A.T and Hon’ble
High Court of A.P and also instructions issued by the Government. After examination of
the above objections/representations with respect to rules, they have been disposed off
as per the Rules through the reference 12th cited. The Review Departmental Promotion
Committee (DPC) met on 16-05-2014 and made recommendations.
After examination of the recommendations of the Review Departmental
Promotion Committee, it is decided to accept the revised panels suggested by the
Review DPC from the year 1980-81 to 2010-11 duly taking into consideration of rota/
quota rule and communal roster as prescribed under the rules.
Accordingly, final
approved annual panels of DAOs (W) Grade-II from the year 1980-81 to 2010-11
(Annexure I) and the seniority list of DAOs (W) Grade II consisting of both for rankpromotees and direct recruits (Annexure II)
are appended to this order is hereby
confirmed in supercession of the earlier seniority lists.
This order is available in the internet and can be accessed at the address
http://dwabms.cgg.gov.in/bms/OfficialInformation.aspx
To
All Concerned
-Sd/Director of Works Accounts
A.P. Hyderabad
The Commissioner of Printing & Stationery & Stores Purchases, Government Printing
Press, Chenchalguda, Hyderabad for publication in the AP Gazettee with a request to
furnish (10) copies.
Copy submitted to the Secretary to Government (W&P), Finance (WA II) Department,
Secretariat, Hyderabad
Copy to the Notice Board.