[Cir. Memo. No. 88133-A17/09 F.R. III/67, Fin., Dt. 24-1-68]
Ref. : —Circular Memo. No. 74185-A/1416/FRI-III/67-1, Dt. 18-12-1967.
Order : —The Andhra Pradesh Secretariat Association in their letter, dated 28-11-1967 represented that the orders issued in the Circular Memo. cited cause hardship to several employees and also they requested that the principle of pay fixation under F.R. 27 may be extended to other categories of employees also besides Superintendents mentioned in paras 12 and 13 of the Two Men Committee Report.
The matter has been re-examined carefully, in partial modification of the order issued in the Circular Memo. cited it is hereby ordered that the benefit of adjustment of pay of the seniors under F.R. 27 mentioned in G.O.Ms.No. 299,
Finance, Dt. 31-8-1956 be extended to other categories of posts covered by paras 12 and 13 of the Two Men Committee Report, provided that the criteria prescribed in the above mentioned paras of the Report are fulfilled, viz., that both the juniors and seniors in the same category should have been actually working in the category on the crucial dates 31-10-58 & 1-1-64 etc., and the concession, will not be available on other cases of hypothetical or constructive seniority, a few examples of which are given below :
(1) Employees who put in more temporary service but less regular service consequent on selection by Andhra Pradesh Public Service Commission because in their case while the pay they drew in temporary capacity was protected under F.R. 27 on grounds of equity for purposes of seniority only their date of regular appointment is taken into account.
(2) In certain Heads of Offices juniors were retained and seniors were transferred to mufassil. In their cases while juniors derived the benefit of para 13 of the Two Men Committee recommendations because they fulfil conditions laid down in G.O.Ms. No. 54 (PC), dated 24-2-1964 or 216 (PC), dated 16-8-1965 their senior working in mufassil could not get this benefit as they did not fulfil the conditions with the result subsequently on the retransfer of those seniors back to Head of Departments they happen to draw less than their juniors.
(3) Direct recruits, who held the post between 1-11-58 and 31-10-61 also derived the above benefit while their seniors who were reverted for want of vacancy during the above period could not get this benefit because in the case of direct recruits while for purpose of seniority the date of joining duty is taken into account, in case of reversion his seniors will be reverted from 1-1-1964.
(4) An employee who is promoted earlier but whose regularisation of services is postponed due to not passing the Departmental test etc., will also draw more pay than his seniors because while he was holding the post on the crucial date, the regularisation of services has been postponed for not passing the Departmental test and hence he becomes technically junior to those appointed latter but whose probation was declared earlier consequent on their passing the prescribed tests.
The Departments of Secretariat are requested to re-examine the cases in the light of the above orders in consultation with the Finance Department about the pay fixation which have already been done under F.R. 27 and obtain further orders of Government with regard to the correctness of such pay fixations. If further pay fixations, revised in the light of the above orders, result in the pay being fixed at a stage lower than what has already done under F.R. 27, excess payment drawn already will be waived provided the Departments refer all such cases to Finance Dept., within a period of 2 months from the date of issue of these orders. In new cases where the refixation of pay under F.R. 27, in view of the above orders results in benefit to the employees, the pay fixation will be done as on 1-1-1964 but the actual monetary effect will be given only from the date of issue of these orders i.e., no arrears shall be paid.