Proceedings of the Deputy Commissioner (Ct): Warangal Division: Warangal

PROCEEDINGS OF THE DEPUTY COMMISSIONER (CT): WARANGAL DIVISION: WARANGAL

Present: Sri B.R. SUNADH KUMAR, M.Sc., PGDBA.,

Rc.No.A1/1162/2006, Dated: 31-12-2007.

Sub:- P.S.C.T.DEPT - Zone V - Seniority list of ACTOs for the period from 2000-01 to 2004-05 - Revised Show Cause Notice issued – Orders - Passed.

Ref:- 1. A.P.Gazette No.119, Published in Extraordinary, Dt.25.03.2006. 2. DC(CT),Wgl.Rc.No.A1/1266/2000, Dt.17.12.2004. 3. CCT's Ref.No.DX1/1304/05, Dt.16.10.06, 31.10.06 and 28.11.06. 4. DC(CT),Wgl.Rc.No.A1/1162/06, Dt.30.11.06, 03.02.07 and 20.02.07. 5. DC(CT),Wgl.SCN.No.A1/1162/06, Dt.04.04.07. 6. CCT's Ref.No.DX4/77/2001, Dt.28.06.07. 7. CCT's Ref.No. DX4/1103/06, 14.11.2007. 8. DC(CT),Wgl. Revised SCN.No.A1/1162/06, Dt.01.12.07. 9. Dist.Gazette Wgl.No.61/WGL/07, dt. 06.12.2007. 10. Dist.Gazette Khammam No.114/07, dt. 07.12.2007. 11. Dist.Gazette Adilabad.No.12-A, dt. 12.12.2007. 12. Dist.Gazette Karimnagar.No.82, dt. 15.12.2007. 13. Objections filed Smt. L. Lalitha, ACTO, dt.29.12.2007. 14. Objections filed Sri B. Kumara Swamy, ACTO, dt. 29.12.2007. -.-

ORDER:

The seniority list of ACTOs of Zone-V for the period from 1975-76 to 1991-92 was finalized in the reference 1st cited and subsequently the seniority lists of ACTOs for the period from 1992-93 to 1999-2000 was also finalized in the reference 2nd cited. Further, the seniority of Asst. Commercial Tax Officer s for the period from 2000-01 to 2004-05 is now was prepared for finalisation following the parameters as in the previous years.

The appointment to the category of Asst. Commercial Tax Officers is provided through two different modes of recruitment viz., D.R./Promotion i.e., Appointment by transfer from other service i.e. APMS After their appointment to the post of Asst. Commercial Tax Officer, the inter-se-seniority between the above two categories is determined in accordance with General Rule 33 (a) & (b) of A.P.State and Subordinate Rules by adopting the date of joining. The same rule is followed even in the following cases.

1. Backlog vacancies which have been carry forwarded to the subsequent panel years and appointed by way of transfer from the eligible candidates pertaining to SC/ST categories.

2 The seniority and roster points fixed by the Commissioner (CT) A.P., Hyderabad in Ref.No.DX3/1012/97-1, dt.4.6.97 has been followed strictly.

3. The seniority list is prepared as per vacancies available in respective panel years.

4. Vacancy position, 10 point cycle and Roster Points collectively would be strictly followed while placing the names of the individuals in their respective points as per G.O.Ms.No. 81 Revenue (CT-I) dt. 3.2.1990. However, 10th in the Ten point cycle in GOMs.No.81 meant for City List 2 candidate is not observed from the panel year2000-01, and that vacancy is being carry forwarded until further orders of the Government.

The vacancy position panel year-wise for the period from 2000-01 to 2004-05 is as mentioned below.

VACANCY POSITION FROM 2001-02 TO 2004-05 Panel Total Breakup of Total Vacancies Breakup of R.P.Vacancies Year Vacancies D.Rs. C.Ls. R.Ps O.Cs. S.Cs. S.Ts. 2000-01 3 1 0 2 2 0 0 2001-02 3 1 1 1 1 0 0 2002-03 1 1 0 0 0 0 0 2003-04 12 4 1 7 5 2 0 2004-05 19 8 2 9 7 1 1 Total 38 15 4 19 15 3 1

The following inclusions and relegations are made in the earlier approved panels, while revising the panels now.

On the basis of the above vacancy position, earlier as per the orders of the Commissioner of Commercial Taxes, Hyderabad adhoc seniority list of ACTOs for the period from 2000-01 to 2004-05 was prepared in the reference 5th cited, taking into consideration of the date of joining of Direct Recruit ACTOs joined in the years 2001 and 2005, pending receipt of their merit ranking from the APPSC, Hyderbad. In that list the name of certain ACTOs facing charges were not included by the administration.

While so, the Commissioner of Commercial Taxes through the reference 6 th cited communicated the merit ranking of the Direct Recruit ACTOs joined in 2001 and 2005 years respectively. In the light of furnishing of the merit ranking by the APPSC.,Hyderabad, the adhoc seniority list of ACTOs prepared for the years 2000-2001 to 2004-2005 needs revision.

Accordingly, Revised Show Cause Notice is being issued proposing placements to the Direct Recruit ACTOs of 2001 and 2005 as per their merit ranking in the panel years 2001-2005 and including the names of certain ACTOs who were not included in the Adhoc seniority list and relegating the names of the ACTOs earlier included as under:

1. There are no changes of vacancy position.

2. No changes in the Panel years 2000-01 to 2002-03. 3 3. Panel year 2003-04. Sl. Name Remarks No. Now proposed to include his name as his name was not figured in the earlier approved panels as he is facing charges. In spite of facing the B.Kumara A charges his name has to be figured in seniority list. However, the Swamy promotion may be defferred, if the charges are still pending at the time of promotion. T.N. Jagadish He is relegated to next panel year ie. 2004-05 for want of vacancy due B Kumar to Inclusion of Sri B. Kumara Swamy. 4. Panel year 2004-05. Now proposed to include her name as she was not figured in the earlier approved panel due to facing the A J. Marthamma Pending charges. In spite of facing the charges his name has to be figured in seniority list. However, the promotion may be deferred, if the charges are still pending at the time of promotion. Now proposed to include his name as he was not figured in the earlier approved panel due to facing the pending charges. In spite of facing K.Sharath B the charges his name has to be figured in seniority list. However, the Chandra Reddy promotion may be deferred, if the charges are still pending at the time of promotion. Now proposed to include his name as he was not figured in the earlier approved panel due to facing the pending charges. In spite of facing C Munawar Khan the charges his name has to be figured in seniority list. However, the promotion may be defferred, if the charges are still pending at the time of promotion. The point (2) belongs to SC(W)A and it has to be filled up by woman candidate. Smt. Ch.Vasantha is fully qualified in the year 1995 and D Ch.Vasantha promoted as ACTO on 11.11.2005 hence her name is proposed to include against 2 SCW-A point as the SCW(A) candidate is not available SC-B is adjusted. His name is now relegated to next point No.7 SC-B as he belongs to A. Venkata E SC-B due to inclusion of Smt.Ch.Vasantha in the same panel year in Swamy point No.2 SC-W. His name is now relegated to next point No.16 SC-C due to inclusion F K. Laxmi Rajam of Sri A.Venkataswamy in the panel year at point No. 7 i.e., 2004-05 as he belongs to SC-C. His name could not be figures in the seniority list due to inclusion of G M. Narsaiah Smt. Ch.Vasantha in (2) SC-W point and consequent relegations.

In view of the above, the following names have included, relegated and modified.

INCLUSIONS RELEGATIONS POINT SL. PANEL POINT PANEL Sl. INCLUSIONS NO. RELEGATIONS YEAR NO. YEAR NO. NO. 1 B.Kumaraswamy 03-04 3 OC 1 V.Kedari 04-05 12 OC 2 J.Marthamma 04-05 11 OC 2 N.Sudhakar 04-05 13 OC 3 K. Sharath Chandra 04-05 12 OC 3 K.Kishan Reddy 04-05 14 OC Reddy 4 Munawar Khan 04-05 15 OC 4 G.Shankaraiah 04-05 15 OC 5 Ch.Vasantha 03-04 2 SC(W) 5 M.Narsaiah 04-05 16 SC(c)

Hence, as per the revised panels drawn and duly verified by the Commissioner of Commercial Taxes, Hyderabad and revised show cause notice is prepared for finalizing the seniority of ACTOs for the period from 2000-2001 to 2004-2005 and enclosed as Annexure to this Show Cause Notice. 4

Accordingly, a revised Show Cause Notice was issued vide reference 8th cited and published in the District Gazettes of Warangal, Khammam, Adilabad and Karimnagar vide references 9th to 12th cited calling for the objections if any within fifteen days from the date of publication of District Gazette.

In response to the Show Cause Notice, Smt. L. Lalitha, ACTO (Int), and Sri B. Kumaraswamy, ACTO (Audit) office of the Deputy Commissioner (CT), Warangal Division Warangal have submitted objections vide reference 13th and 14th cited against the proposed seniority list.

1. OBJECTIONS OF SMT. L. LALITHA, ACTO:

1. She was appointed against the notification of 10/99 issued by the APPSC, Hyderabad in the year 2005. 2. On selection to the above notification appointments were made in two slots i.e. 1 st round selection in the year 2001 and 2nd round selection in the year 2005. 3. Actually, all the candidates were attended the examination same day and the appointments were made in different years ie. in 2001 and 2005. 4. She is requested her seniority below the candidates appointed in the year 2001 i.e. on par with the (12) unofficial candidates’ viz. Rank promotees, City list candidates, and other reserved categories. 5. All these discrepancies were resulted due to delayed appointments in the year 2001 and 2005 with a gap of (4) years. 6. Further, she has stated that she attended the written test on 26 th and 27th of August, 2000. And called for to the oral interview on 18.12.2000 and 19.12.2000 alongwith the candidates interviewed and posting orders issued in the year 2001.

Finally, requested to place her name below the 1st round selected candidates and among the (12) unofficial candidates at Sl. No. (18) instead of Sl.No.(3) now proposed.

REPLY TO THE OBJECTION:

The objection filed by the individual is examined in detail. She was selected by the APPSC, Hyderabad in Group-II services and allotted to this division by the Commissioner of Commercial Taxes, Hyderabad in CCT’s reference No.DX4/265/2005, dt. 23.2.2005 and reported as Asst. Commercial Tax Officer on 16.3.2005 in this division. The Commissioner of Commercial Taxes, Hyderabad have communicated the rankings of the ACTOs’ which were received from the APPSC, Hyderabad.

According to the rankings of the APPSC, Hyderabad and taking into consideration of her date of joining in the Department as Asst. Commercial Tax Officer, her placement was proposed. The request of the individual as explained in her representation pertains to the selection of recruiting authority and appointments which are out of purview of this office. If any inconvenience occurred may be represented to the competent authority. 5

2. OBJECTIONS OF SRI B. KUMARA SWAMY, ACTO: A) Regarding the placements of Smt. Eduri Prasanna Laxmi ACTO and Sri Gopu Venkata Ramanjaneyulu, as their probation was not declared.

B) Regarding consideration of City Quota Posts in view of the Supreme Court of India Judgment in CA No.9643 and 9644 of 1995 dt. 07.11.2001.

REPLY TO THE OBJECTION:

A) The names of the individuals were included as they are Direct Recruit candidates and the names and rankings of the individuals can not be disturbed. The eligibility viz. declaration of probation and tests passed etc. will be taken in count at the time of ordering the promotions. However, it was noted against their names that the probation period was not declared.

B) Regarding the City list vacancies the competent authority is Commissioner of Commercial Taxes and the Government. Hence cannot be considered.

Thus, the seniority of ACTOs’ of Nodal division Warangal from the panel year 2000-01 to 2004-05 is finalized by confirming the revised show cause notice and shown in Annexture-I and appended hereto.

The seniority list now finalized shall be subject to outcome of SLPs/WPs/OAs pending if any, before the Hon’ble SC/HC/APAT.

A copy of this seniority list is available on the Internet and can be accessed at www.apcommercialtaxes.gov.in

Encl: Annexure-I Sd/-B.R.Sunadh Kumar, Deputy Commissioner(CT), Warangal Division,Warangal

The individuals (through concerned Officers). Copy to the Deputy Commissioner(CT), Karimnagar and Adilabad with a request to communicate the seniority list to all the Commercial Tax Officer s in the Division for onward service to the ACTOs and paste a copy of the same on their office notice board.. Copy to all the Commercial Tax Officers in the Division to display on the notice board. Copy to the Secretary to the Commissioner of Commercial Taxes, Hyderabad for favour of information. Copy to RF.10/A1/2007.

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ANNEXURE TO DC(CT)WARANGAL RC.NO.A1/1162/2006, DT.01.12.2007. PANEL WISE SENIORITY LIST OF A.C.T.O. IN WARANGAL NODAL DIVISION FROM 2000-01 TO 2004-05 Date of Temp. Sl. Name of the individual Sri/Smt. Date of birth promotion as Panel Year No. ACTO. 1 2 3 4 5 Repatriated to Secretariate on 1 B.Chandra Shekhar Reddy(CL) 08-09-2000 8.3.01 2 B.Arjun Rao 3-5-1953 12-06-1997 2000-01 3 N.V.Satyanarayana Rao (DR) 18-03-1970 02-03-2001 4 Banothu Nageshwar Rao (DR) ST 04-05-1976 15-02-2001 5 Eluri Prasanna Laxmi (DR) 10-6-1976 14-02-2001 Probation not declared 6 Shaik Mastan Wali (DR) 01-06-1972 19-02-2001 7 Durumutla Anjaiah (DR) 15-11-1971 15-02-2001 8 Nellutla Srinivasa Rao (DR) 06-09-1968 07-03-2001 9 N. Sujana (DR) 01-01-1970 12-03-2001 Resigned on 02-12-2004 10 Gopu Venkat Ramanjaneyulu(DR) 6-8-1969 14-02-2001 Probation not declared 11 Thakur Singh 10-8-1948 12-06-1997 2000-01 12 D. Chandra Mohan (CL) 05-05-1964 08-03-2001 2000-01 13 M. Veera Swamy 01-08-1951 04-06-1997 2001-02 14 B. Anantha Chary 29-08-1945 24-02-2003 2003-04 15 Ch. Vasantha (SC - B) (Women) 29-12-1965 11-11-2005 2003-04 16 B. Kumara Swamy 8-7-1953 12-06-1997 2003-04 17 P. Narsaiah 04-10-1955 18-05-1999 2003-04 18 G. Amarender 16-06-1955 12-06-1997 2003-04 19 G. Ravichandra Kumar 01-02-1955 12-06-1997 2003-04 20 A. Venkata Swamy (SC-B) 06-06-1959 14-04-2004 2003-04 21 P. Jyothi (ST-W) 08-02-1966 12-06-2006 2004-05 22 T.N. Jagadish Kumar 27-11-1951 31-08-1996 2004-05 23 Vishwakiran Podila (DR) 30-08-1972 17-03-2005 Probation yet to be declared 05-03-2001 in The individual was re-allotted zone-IV, by APPSC from Zone-IV to V 24 Sudhakar Palivela (SC)(DR) 04-06-1972 19-03-2005 in due to cancellation of zone - V categoriation of SCs. 25 Srinivasa Rao Kilari (DR) 03-08-1967 23-03-2005 Probation declared 26 Naveen Anchoori (DR) 05-01-1974 05-03-2005 Probation declared 27 Chaitanya Jaini (DR) 22-08-1980 01-04-2005 Probation not declared 28 Sriramakrishna Reddy Lenkala(DR) 07-03-1970 01-04-2005 Probation not declared 29 Promoda Kumari, J (SC) (DR) 31-03-1962 07-03-2005 Probation not declared 30 Lalitha Lakkarsu (DR) 10-04-1974 16-03-2005 Probation declared 31 S.Sailu 25-07-1950 12-06-1997 2004-05 32 J. Marthamma 13-6-1955 12.06.1997 2004-05 33 K. Sharath Chandra Reddy 05.4.1952 31-08-1996 2004-05 34 B.Venkatramnarsaiah 10-12-1950 09-09-1996 2004-05 35 G.Ashok Kumar 12-10-1954 05-02-2000 2004-05 36 Munawar Khan 01.01.1952 19-08-1999 2004-05 37 K. Laxmi Rajyam (SC-C) 05-10-1953 01-09-2002 2004-05 Sd/- B.R.Sunadh Kumar, DEPUTY COMMISSIONER(CT), WARANGAL DIV. WARANGAL. //t.c.f.b.o.//

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