[G.O.Ms.No. 343, Fin. & Plg. Dt. 30-9-1994]
Order : —Rule 9 of General Rules of Andhra Pradesh State and Subordinate Service Rules lays down that the absence of a member of service from duty in such service, whether on leave or on foreign service or on deputation or for any other reason and whether his lien in a post borne on the cadre of such service is suspended or not, shall not if he is otherwise fit, render him ineligible in his turn for appointment to any substantive or officiating vacancy in another service for which he may be an approved candidate, as the case may be, in the same manner as if he had not been absent, and also he shall be entitled to all the privileges in respect of appointment, seniority, probation and appointment as full member which he would have enjoyed but for his absence subject to his completing satisfactorily the period of probation on his return.
In sub-para (xviii)(b) of para 2 of G.O.(P).No. 10, Finance and Planning (FW : FR-II) Department, dated 22-11-1993 it is ordered that foreign service including service on deputation does not count for probation in the parent department and, therefore, the probationer sent on deputation suffers from the fact that, even though he puts in considerable period of service under foreign service organisation, his interest in the parent department cannot be safeguarded by declaration of his probation unless rules are relaxed. It is also ordered that in view of this difficulty, instructions were issued in Government Circular Memo. No. 47447-G/1951/FR.-II/76-1, Dt. 12-10-76, to the effect that only approved probationers need be sent on deputation/foreign service.
The Joint Action Committee of Employees, Teachers and Workers' of Andhra Pradesh have represented among others that according to the existing instructions, only approved probationers can be deputed on Foreign Service and this is causing hardship in Departments, like Co-operative Department, where nearly two-thirds of the posts are institutional posts and as departmental officers have to depend mostly on institutional posts for promotions etc. The Joint Action Committee has also represented that on account of these instructions, restricting deputation only to approved probationers, several employees are denied their promotions resulting in stagnation to the adverse interest of employees. It was, therefore, represented that deputation may not be restricted to approved probationers, only.
The High Power Committee constituted in G.O.Ms.No. 46, General Administration (SW) Department, dated 28-1-1994 to go into the demands of the Joint Action Committee of Employees, Teachers and Workers of Andhra Pradesh after considering the various aspects of the issue and in order to subserve the public interest due to administrative exigencies and also in the context of the problems faced by certain Departments/Organisations made the following recommendations :—
(i) A prison on promotion can be retained in foreign service, if the promotion post is vacant;
(ii) No post shall be upgraded for accommodating a person who is being promoted while on foreign service;
(iii) Such benefit may be confined to Co-operative Institutions, Agricultural Market Committees, DRDAs/SC/BC/ST/Women Co-op. Finance Societies and Institutions like APVVP which have yet to build their own cadres after obtaining options etc.;
(iv) Under no circumstance, a direct recruit, who is not an approved probationer shall be deputed to foreign service;
(v) Officiation in posts sanctioned under F.R. 127 and Government posts in other Departments on tenure basis shall count for purposes of probation and promotions. Consequently, the rules will have to be amended wherever such officiation is denied for reckoning minimum service; and
(vi) General Administration (Ser.) Department may consider amending the rules, wherever necessary.
The Government accept the recommendations and issue the following guidelines, pending amendment to rules by the General Administration (Ser.) Department wherever necessary :
(i) A person on promotion can be retained in foreign service on deputation in respect of institutions indicated at (iii) below, if the promotion post is vacant;
(ii) No post shall be upgraded by the Borrowing Authority for accommodating a person who is being promoted while on foreign service, and such person shall be repatriated for joining in the promoted post in his parent department;
(iii) Such benefit may be confined to Coop-Institutions, Agricultural Market Committees, DRDAs/SC/BC/ST/Women Cooperative Finance Societies; and institutions like APVVP which have yet to build their own cadres;
(iv) Under no circumstance, a direct recruit who is not an approved probationer shall be deputed to foreign service;
(v) Officiation and posts sanctioned under F.R. 127 and Government posts in other Departments on tenure basis shall count for purposes of probation and promotion. Consequently, the rules will have to be amended wherever such officiation is denied in relevant rules, for reckoning minimum service.
Consequently, instructions in sub-para (xviii)(b) of para 2 of G.O.P.No. 10, Finance & Planning (FW : FR.-II) Department, dt. 22-01-1993 have to be applied keeping in view the above guidelines.[G.O.Ms.No. 343, Fin. & Plg. Dept., Dt. 30-9-94]