[G.O.Rt.No. 441, Genl. Admn. (Ser.-C) Dept., Dt. 2-9-1967]
Order :—In the Memo.No. 274/65-4, General Administration (Ser.-C) Department, Dt. 30-4-1965, instructions were issued that applications of the State Government employees for posts in the Government of India/State Government undertakings, Companies, Corporations etc., should be dealt with under the Government Servants' Application for Private Employment (Andhra Pradesh Services) Rules and where they accept such employment they should be required to resign their appointment under the State Government and when they are deputed to such Undertakings etc., in the public interest it is necessary to retain their lien or safeguard their probationary rights etc., under General Rule 9 under the State Governemnt until they are permanently absorbed in the said Undertakings.
The question of modifying suitably the instructions issued in Memo.No. 274/65-4, General Administration (Ser.-C) Department, dated 30-4-1965, was examined in the light of Government of India's instructions on the subject in the Government of India, Ministry of Home Affairs, O.M.No. 70/62-Ests.(A) dated 22-1-1969. The Government in supersession of the instructions, issued in the Memo. No. 274/65-4, General Administration (Ser.-C) Department, dated 30-4-1965, direct that permanent Government servant who are selected for appointment in Public Sector Undertakings, or Autonomous, Semi-Government Organisations on the basis of their applications for such posts should be allowed to retain a lien on their permanent post in their parent office for a period of two years (in the case of regular persons they may be allowed to retain their probationary rights for two years) or till they are permanently absorbed in the Undertakings etc., whichever is earlier subject to the following conditions :—
(i) (a) The leave salary and pension contributions should be paid either by the Undertaking/Organisation or by the Government servant concerned himself;
(b) The pay allowed to him by the Undertaking/Organisation should not exceed the limits if any laid down by Government or would be laid down by Government from time to time;
(c) If it is proposed to absorption of Government servant permanently in the public section undertaking/autonomous semi-Government organisations, before the expiry of the period of two years mentioned above, it would be incumbent on the foreign employer to consult the parent office before issuing orders, absorbing the Government servant permanently and the orders of permanent absorption should be issued by the foreign employer only after the resignation of the Government servant has been accepted by the Government and with effect from the date of such acceptance;
(d) Since the transfer in such cases is not in the public interest, the Government will not accept any liability to pay any retirement benefits or for carry forward of leave for the period of service rendered under the Government;
(e) If the Government servant is not permanently absorbed within a period of two years from the date of his appointment in the public sector undertaking/autonomous semi-Government organisations in the manner indicated at (c) above, he should, immediately on expiry of the said period of two years, either resign from Government service or revert to his parent office.
(ii) In view of the above decision, applications from permanent Government servants for posts (whether temporary or permanent) in public sector undertakings/autonomous semi-Government organisations should be forwarded only after taking from them a written undertaking accepting the conditions stipulated above and the foreign employer should also be informed of these conditions.
(iii) Employees holding the posts on regular basis may be given the same treatment as permanent employees (vide item (i) above).
(iv) These orders do not apply to temporary employees, who will have to resign from Government service before they are appointed in such undertakings/organisations on the basis of their own applications. It is, therefore, necessary in such cases to obtain from the Government servants concerned before their application is actually forwarded, an undertaking that in the event of selection for the post applied for, they will resign from Government service.