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PROCEEDINGS OF THE ADDL. COMMISSIONER OF COMMERCIAL TAXES, LEGAL, O/O THE COMMISSIONER (CT) ANDHRA PRADESH: HYDERABAD Present: Sri D.Ramachandra Reddy., B.Sc, B.L, CAIIB, M.B.A

CCT’s Ref.No:DX2/942/2011-IV. Dated:23 -04-2012.

Addl. Commissioner (CT) Legal Order No.102.

Sub: SUITS – O.A No.8820/2011 filed by Sri C.Vijaya Raghava Reddy,CTO and 4 others (DR ACTOs of Zone IV) before the Hon’ble APAT interim orders – instructions issued – Revised notice for revision of integrated seniority list of ACTOs for the panel year 1975-76 to 1991-92 of Zone IV - Objections called for – Objections received- Examined – orders issued.

Ref:-1.Hon’ble A.P.A.T., Hyderabad in O.A.No:702/06, O.A.No:6358/08 and O.A.No:10932/09, Dt:29-04-2010. 2. Govt.Memo.No:48104/CT.I (1)/2011, Dt: 26-11-2011 along with the Representations of Sri P.Harendra Babu, CTO and (3) others dt.nil of Zone-IV together with CMP No.1569/ GEN-EM/2011, dt.17-11-2011 3. Hon’ble APAT interim orders dt.25-11-2011 in O.A No.8820 of 2011 Filed by Sri C.Vijaya Raghava Reddy, CTO and (4) others of Zone IV. 4. CCT’s Ref.No.DX2/942/2011, dated 05-12-2011. 5. Govt.Mem No.39069/CT.I (2)/2010, Rev (CT.I) Dept, dt.04-01-2012 6.CCT’s Ref.DX2/942/2011-IV, dated.12-01-2012 (SCN) 7.Revised Show Cause Notice dt.12-01-2012 was published in A.P Gazette No.16 Part-II Extraordinary, dated.02-02-2012. 8. Objections filed by Sri C.Damodaram, CTO Dabagarden Circle dt.25-01-2012 9. CCT’s Ref.No.DX2/942/2010 (Zone-I to V), dated.27-03-2012. 10. CCT’s Ref.No.D1/983/2011, dt.30-09-2011 delegation of subjects to the Senior Officers O/o the CCT, A.P, Hyderabad. *** The Government has informed vide reference fifth cited that in O.A No.8820/2010 filed by Sri C.Vijaya Raghava Reddy, CTO and (4) others, the Hon’ble APAT, in its interim orders, dt.25.11.2011, has directed the 1st respondent (i.e. Principal Secretary, Revenue Dept.,) to scrutinize all the panels of Assistant Commercial Tax Officer of Zone-IV strictly in line with the directions given in Memo No.263/CT.I(2)/2011, dated.29.06.2011 and also in tune with the judgment of this court rendered in O.A No.6022/2011 and batch dated.22.07.2003 as clarified by the full bench of this tribunal in O.A No.5058/2004 and batch dated.20.08.2009.

2. In the appeal petition dated.18.08.2010 of Sri Z.Lourdaiah Naidu, presently working as CTO and 3 others, who are Direct Recruit ACTOs of 1989 batch of Zone-IV (i.e. Chittoor and Kurnool Nodal Divisions), have raised the following points in the matter of review of seniority list of ACTOs which was published in Gazette No.119, dated.25.03.2004.

a) The DR ACTOs are governed by old APCT Subordinate Service Rules issued in G.O.Ms.No.170, GAD, dated.30.01.1962, according to which in a cycle of 7 vacancies of ACTOs, the 2nd, 4th and 6th vacancies shall be filled up by direct recruitment, which is applicable to Direct Recruit ACTOs of 1977-78, 1985-86 and 1989-90 batches before the new APCT Subordinate Service Rules issued in G.O.Ms.No.81, Rev (CT.I) Dept., dated.03.02.1990 came in to operation wherein 10 point roster was prescribed.

b) The DR ACTOs are also eligible for Rota quota with all vacancies as (converting even temporary vacancies) substantive vacancies with effect from 1975-76). c) The Principle of Rota quota and substantive vacancies may be followed in case of Direct Recruitment ACTOs on par with CTOs in terms of the orders of the Hon’ble Tribunal in O.A No.702/2006, dated.29.04.2010.

3. The Commissioner of Commercial Taxes had finalized and published the integrated seniority list of ACTOs from 1975-76 to 1991-92 of Zone-IV (i.e. Chittoor and Kurnool nodal Divisions) based on certain guidelines indicated by the Hon’ble APAT in O.A No.6022/2001 and batch dated.22.07.2003 which includes, inter alia, the following.

1) Seniority of a member of service has to be fixed in terms of Rule 33 of the APS&SS Rules, i.e. with reference to the date of appointment in accordance with the rules and not with reference to the date of confirmation (full membership) after taking action in terms of rules 25 and 29 of the APS&SS Rules by placing full members as a class above the approved probationers and probationers.

2) For counting seniority from the date of appointment, one should be appointed in accordance with the rules, for example – (a) he should have necessary qualifications and experience prescribed under the rules, (b) he should satisfy the rules of reservation if rule of reservation is applicable (c) he should have been appointed with in the quota prescribed, if any, under rule and (d) the procedure prescribed, if any, for such appointment. If a person does not satisfy any of the conditions prescribed under the rules at the time of appointment his seniority his seniority has to be counted not from the date of such appointment but from the date on which he satisfied the requirement of the rules.

3) In the case of appointment to the post of Asst. Commercial Tax Officer, where recruitment to service is both by direct recruitment and transfer, the quota meant for direct recruits/transferees should be arrived at on the following basis:

a) In the case of direct recruits appointed prior to 08.03.83, they are entitled for appointment against 40% of substantive vacancies in the permanent cadre. After 08.03.1983 and before the new AP Commercial Tax Subordinate Service Rules came into force, they are entitled not only for 40% of the substantive vacancies in permanent cadre but also for 40% of substantive vacancies arising in temporary posts in terms of explanation to rules 6 of the APS&SS Rules. After AP Commercial Tax Subordinate Service Rules’1990 came into force they are entitled for 4 vacancies in a cycle 10 vacancies which arises in the services.

b) In case of transferees appointed prior to 08.03.1983 they are entitled for 60% of the vacancies in the permanent cadre and also all the vacancies that arise temporary posts. After 08.03.1983 they are entitled for 60% of vacancies in permanent cadre, 60% of the substantive vacancies in temporary posts in terms of explanation to Rule 6 of General Rules and also the vacancies that arise in temporary posts which cannot be treated as substantive vacancies in terms of explanation to Rule 6 of the General Rules. It is however to be noted that when temporary posts are sanctioned for the first time all the vacancies that arise in those posts would be available for transferees. But if those posts are continued beyond one year certain percentage of substantive vacancies would not be available for transferees. Therefore, transferees could be said to be appointed within his quota only if he comes within the quota meant for a transferee not only in the first year of sanction of temporary posts but also within the quota meant for transferee if the post is continued beyond one year. After the AP Commercial Tax Subordinate Service Rules, 1990 came into force, transferees would be entitled for 5 vacancies in a cycle of 10 (excluding vacancy meant for a city list candidates) which arise in the service.

4) The vacancies referred to above for the purpose of calculation of quota does not include stopgap or fortuitous or short time vacancies like leave vacancies etc.,

According to the APCT Subordinate Service Rules the method of appointment to the post of ACTO is (i) By Direct Recruitment (DR) and (ii) By appointment by transfer (R.P). The ratio (quota-rota) between the DRs/RPs is 40:60

4. Government have examined the matter keeping in view the judgment of Hon’ble APAT rendered in O.A No.6022/2011 and batch dated.22.07.2003 as clarified by the full bench of the Tribunal in O.A No.5058/2004 and batch dated.20.08.2009 as directed by the Hon’ble APAT,

2 and also the integrated seniority list of ACTOs in Zone-IV. It is observed that the preparation of panels from the year 1975-76 to 1991-92 in Chittoor and Kurnool Nodal Divisions is not in accordance with the orders of the Hon’ble APAT and the quota rota rule as shown below (Govt.Memo No.39069/CT.I(2)/2011, Rev (CT.I) Department, dated.04-01-2012.

(i) The ACTO vacancies have to be calculated and apportioned between the Rank Promotes and Direct Recruitees, for three different spells, as detailed hereunder. First spell for the period from 1.09.1975 up to 8.03.93 Second spell for the period from 9.03.83 to 3.02.90. Third spell for the period beyond 3.02.90. (i.e. APCT Subordinate Service Rules came into force.)

During the period of first spell i.e. from 1.09.1975 to 8.03.1983, all temporary vacancies have to be allotted to RPs and substantive vacancies have to be apportioned in the ratio of 2:3 between DRs and Rank Promotees.

During the second spell i.e. from 09.03.1983 to 03.02.1990, the temporary vacancies have to be apportioned between Rank Promotees and Direct Recruitees following the formula indicated in the APAT orders in O.A No.6022/2001, dated.22.07.2003, as stated above and instructions issued by the Govt. in this regard vide memo No.1967/CT.I(2)/2001-9, dated.18.09.2003 in this regard.

During the third spell, i.e. beyond 03.02.1990 a 10 point cycle has to be followed as given below.

First Vacancy …. Direct Recruitment Second Vacancy… By Transfer Third Vacancy …. By Transfer Fourth Vacancy… Direct Recruitment Fifth Vacancy …. By Transfer Sixth Vacancy… Direct Recruitment Seventh Vacancy… By Transfer Eighth Vacancy… By Transfer Ninth Vacancy …. Direct Recruitment Tenth Vacancy… By Transfer

It is apparent from the A.P.Gazette No.119; dated.25.03.2004 that the calculation of vacancies and the application of rota-quota rule has not been properly done.

(ii) It is observed from A.PGazette No.119, Dated.25.03.2004 that more number of rank promotees have been accommodated in some panles viz., 1975-76, 1979-80, 1982-83 and 1983-84 for Chittoor Division and for 1976-77, 1981-82, 1982-83, 1983-84 and 1987-88 of Kurnool Divisionthan the slots actually available for them as per the rota-quota rule applicable to the respective year. This needs rectification in terms of clause (i) above.

(iii) The actual/notional date of joining shall be the criteria to assign inter-se seniority among the RPs and DRs who occupy the slots meant for them as per the rota-quota rules. This is in terms of rule 33 (a) of APS&SS Rules.

(iv) If the vacancies meant for either DRs or RPs, as per quota-rota rule could not be filled up in a particular panel year by the respective category the same shall be carried forward to the next panel year and filled up with the eligible candidates from the same category as per the rules in force.

(v) If the RPs are appointed against temporary (non-substantive) vacancies, they should be relegated to the subsequent panel years until they are accommodated in their own quota of substantive vacancies.

5. Since the details regarding the panel year wise number of vacancies in substantive/temporary posts are available with the Commissioner of Commercial Taxes the case is remitted to him with instructions to scrutinize the panels of ACTOs of Zone-Iv (i.e. Chittoor and Kurnool Nodal Division) prepared and published in the A.P.Gazette No.119,

3 dated.25.03.2004, on the above mentioned lines and also keeping in view the clarification issued by the Hon’ble APAT in its orders dated .20.08.2009 in O.A No.5058/2004 and rectify the defects duly pushing down the Rank Promotees,if any who are in excess of the quota allotted to them, as per the Rota-quota rule, below the Direct Recruit Candidates (including the applicants) who occupy their own slots. As per the above guidelines of the Govt., the matter is re-examined and the vacancies are identified as per the guidelines of the reference fifth cited and in the integrated seniority list of ACTOs of Zone IV for the panel years 1975-76 to 1991-92 published in A.P Gazette no.119, dated 25-04-204 is as under:

Chittoor and Kurnool nodal Divisions of Zone-IV Particulars Panel Panel Panel Panel Panel Panel year year year year year year 1975-76 1976- 1977-78 1978-79 1979-80 1980-81 77 Total Vacancies arised 32 30 4 2 6 14 Newly sanctioned posts 18 11 3 0 2 12 Balance no. of vacancies 14 19 1 2 4 2 (Regular) Temp.Vacancies (below 18 11 2 0 2 12 (1) year G.Os* Temp.coversion of 0 0 0 0 1 0 subt.vacancies 1-3 yrs (50%) Temp.coversion of 0 0 0 0 0 0 subt.vacancies 3-10 yrs (75%) Temp.coversion of 0 0 0 0 0 0 subt.vacancies above 10 yrs Converted vacancies DR 0 0 0 0 1 0 (40%) Converted vacancies DR 0 0 0 0 0 0 (60%) Balance no. of vacancies 6 8 0 1 2 1 (Regular) 40% Balance no. of 8 11 1 1 2 1 vacancies (Regular) 60% Total DR vacancies to 6 8 0 1 3 1 be filled Total RP vacancies to be 8 11 1 1 2 2 filled DRs filled as per 119 0 0 0 13 0 0 Gazette, dt.25-03-2004 RPs filled as per 119 18 24 3 3 2 8 Gazette, 25-03-2004

Particulars Panel Panel Panel Panel Panel Panel year year year year year year 1981-82 1982-83 1983-84 1984-85 1985-86 1986-87 Total Vacancies arised 5 35 37 7 0 22 Newly sanctioned posts 0 0 9 3 0 0 Balance no. of vacancies 5 35 28 4 0 22 (Regular) Temp.Vacancies (below 0 0 9 3 0 0 (1) year G.Os* 43* 3* Temp.coversion of 3 0 0 1 0 0 subt.vacancies 1-3 yrs

4 (50%) Temp.coversion of 0 0 2 0 0 0 subt.vacancies 3-10 yrs (75%) Temp.coversion of 0 0 0 1 0 0 subt.vacancies above 10 yrs Converted vacancies DR 11 0 1 1 0 1 (40%) Converted vacancies DR 16 0 1 0 0 2 (60%) Balance no. of vacancies 10 14 11 2 0 8 (Regular) 40% Balance no. of 12 21 17 3 0 14 vacancies (Regular) 60% Total DR vacancies to 21 14 12 2 0 9 be filled Total RP vacancies to be 28 21 18 3 0 17 filled DRs filled as per 119 3 0 0 13 0 0 Gazette, dt.25- 03-2004 RPs filled as per 119 12 26 60 2 2 3 Gazette, 25-03-2004

Particulars Panel Panel Panel Panel Panel Total year year year year year (1975 to 1987-88 1988-89 1989-90 1990-91 1991-92 1992) Total Vacancies 11 2 16 17 35 275 arised Newly sanctioned 0 0 0 0 19 77 posts Balance no. of 11 2 16 17 16 198 vacancies (Regular) Temp.Vacancies 0 0 0 0 19 76 (below (1) year G.Os* Temp.coversion of 2 0 0 0 0 7 subt.vacancies 1-3 yrs (50%) Temp.coversion of 0 0 1 0 0 3 subt.vacancies 3-10 yrs (75%) Temp.coversion of 0 0 0 1 0 2 subt.vacancies above 10 yrs Converted vacancies 1 0 0 0 8 24 DR (40%) Converted vacancies 1 0 1 1 11 33 DR (60%) Balance no. of 5 1 7 6 6 88 vacancies (Regular) 40% Balance no. of 6 1 9 11 10 128 vacancies (Regular) 60% Total DR vacancies 6 1 7 6 14 111 to be filled Total RP vacancies to 7 1 10 12 21 163 be filled

5 DRs filled as per 119 0 13 0 0 0 42 Gazette, dt.25-03-2004 RPs filled as per 119 3 1 2 8 18 195 Gazette, 25-03-2004 The Government have issued G.O Ms NO.576 Rev (SS) Department, dated 24-04-1982 that certain Asst. Commercial Tax Officer vacancies in the C.T Department which are in existence for more than three years, and more, be converted into permanent posts. Accordingly, 43* ACTO vacancies have become Permanent, out of which *17 ACTO vacancies meant for DRs (i.e.40%) quota. Similarly, (3) vacancies converted into permanent, out of which *1 vacancy meant for DRs vide G.O Ms.No.769 Rev (SS) Department, dated 11-08-1987.

During the period first spell i.e., from 1.9.1975 to 08.03.1983, all temporary vacancies are allotted to RPs (except those which are made permanent during the period and the said permanent posts are apportioned in 2:3 ratio) and substantive vacancies are apportioned in the ratio of 2:3 between DRs and Rank Promotees.

During the second spell i.e. from 8.03.83 to 03.02.1990, the temporary vacancies are apportioned between Rank Promotees and Direct Recruitees following the formula indicated in the APAT orders in O.A No.6022/2001, dated.22.07.2003.

In the case of transferees appointed prior to 08.03.1983 they entitled for 60% of the vacancies in the permanent cadre and also all the vacancies that arise in temporary posts. After 08.03.1983 they are entitled for 60% of vacancies in permanent cadre, 60% of the substantive vacancies in temporary posts in terms of explanation to Rule 6 of General Rules and also all the vacancies that arise in temporary posts which cannot be treated as substantive vacancies in terms of explanation to Rule 6 of the General Rules. It is however to be noted that when temporary posts are sanctioned for the first time all the vacancies that arise in those posts would be available for transferees. But if those posts are continued beyond one year certain percentage of substantive vacancies would not be available for transferees. Therefore, transferees could be said to be appointed within his quota only if he comes within the quota meant for a transferee not only in the first year of sanction of temporary posts but also within the quota meant for transferee if the post is continued beyond one year. After the AP Commercial Tax Subordinate Service Rules, 1990 came into force, transferees would be entitled for 5 vacancies in a cycle of 10 (excluding vacancy meant for a city list candidates) which arise in the service.

During the third spell, i.e. beyond 03.02.1990 a 10 point cycle is followed.

The total number of vacancies of ACTOs in Chittoor and Kurnool Nodal Divisions of Zone IV for the period from 1975-76 to 1991-92 are (275) out of which (111) are meant to be filled with Direct Recruits, but filled (42) and (163) to be filled with Rank Promotees, but filled (195). While filling the vacancies meant for Rank Promotees, for the panel years from 1975-76 to 1991-92, the vacancies meant for SCs/STs are duly carried forward to the subsequent panel years, where qualified and eligible personnel were not available during the particular panel year and the same were filled as and when qualified personnel found and they are placed as per their date of joining as per provisions under Rule 33 (a) of APS&SS Rules. The Direct Recruits, inter-se, are placed in the year have joined in the same rank order communicated by the APPSC. While determining inter-se-seniority, between DRs and RPs, date of joining of DRs was taken into consideration duly following Rule 33 (a) mentioned above. The City List candidates are appropriately placed in the respective panel year in which they are appointed by transfer. Accordingly, these personnel are perforce to be relegated to subsequent panel years. The Hon’ble APAT also ruled that the petitioners shall be treated as having been validly appointed as ACTO on the basis of their inclusion in 1983 panel for the post of ACTO. This order treating the post of ACTO as a selection post.

In view of the legal position this approach is adopted in a uniform manner. Wherever persons promoted in earlier years have been relegated to subsequent panel year for want of vacancies in the earlier years, they are placed in 1983-84 merit panel. However, in view of Hon’ble Supreme Court/APAT orders the total number of persons included in 1983-84 panels has not been changed.

6 Accordingly a revised show cause notice, in ref. seventh cited, was issued to all persons who have any objections to the above integrated Seniority list of ACTOs to file their written Statement of objections, if any, within (15) fifteen days of publication of the Notice in the Departmental Web Site, failing which, it was stated to construe that they have no objections to the proposed seniority list and orders as deemed fit will be passed without further notice and time.

Accordingly, the revised Show Cause Notice for the panel year 1975-76 to 1991-92 has been published in Departmental website. Further, the revised show cause notice is published in AP Gazette, Part-II Extraordinary No.16, dated 02-02-2012 from page 34 to 44 vide ref. seventh cited.

In the reference 9th cited, the CCT’s Ref. dt.27.03.2012, the affected persons were allowed to peruse the records on 04-04-2012 against the proposed to be revised integrated seniority list of ACTOs for the panel year from 1975-76 to 1991-92 of Zone-IV issued on12-01- 2012, in CCT’s conference Hall. In response to above, no affected persons attended on that date.

In the reference 8th cited, Sri C.Damodaram, CTO Dabagarden Circle, Visakhapatnam has submitted objections and informed that the seniority list of CTOs is finalized without finalizing the seniority list in the lower cadres’ i.e ACTOs and DCTOs of their entire batch of 1985 and 1989 will be subjected to great irrecoverable loss in Zone IV. Already they are sufferers as their juniors who were much below their rank were given promotions previously ahead of them basing of the existing seniority list, and if the same thing repeats they will be subjected to irrecoverable loss as they are having a left over little services.

In view of the above submissions, the applicant has requested not to finalise the provisional integrated seniority list in the cadre of CTOs for the years 1999-2000 to 2008-09 till the seniority lists of ACTOs and DCTOs are finalized or else do the justice to him by keeping their names over and above the names of juniors in the integrated provisional seniority list of CTOs prepared by applying of the equality of law and equal protection of laws. i.e. Rota-Quota rule between the Rank Promotees and Direct Recruits in the cadre of ACTOs and CTOs of CT Department, equally.

Reply to Objections:- The objections raised by the individuals have been examined, it is stated that the proposed revision of integrated seniority list of ACTOs of Zone –IV for the panels years from 1975-76 to 1991-92 has issued show cause notice on 12-01-2012 as per the guidelines issued in Govt.Mem No.39069/CT.I (2)/2010, Rev (CT.I) Dept, dt.04-01-2012. However for the Zone-IV the earlier seniority list which is being now revised is upto the panel year 1991-92 as per the A.P Gazette No.119, dt.25-03-2004. As and when seniority list for subsequent panel years is taken up, the objections of the individuals will be examined.

Further, it is observed that the temporary vacancies arised during the period 1975-76 to 1982-83 have been re-worked out now. In respect of substantive vacancies arised the ratio 60:40 has been followed for Rank Promotees and Direct Recruits respectively with regard to temporary vacancies arised during the above period 60% of post were assigned to Rank Promotees.

From 8-03-1983, the Rule of 6(b) of APS & SS Rules 1962 was amended; implementing the said Rule the temporary vacancies are reckoned as permanent/Substantive vacancies as per their turn as explanation in the amended Rule 6(b) of A.P Subordinate Service Rules, 1962.

The Government in Memo. No.39069/CT.I (2)/2010, Rev (CT.I) Dept, dt.04-01-2012 has clearly mentioned to scrutinize the panels of ACTOs of Zone-IV prepared and published in the A.P Gazette No.119, dated 25-03-2004 and also to rectify the defects pointed out as per guidelines issued above, duly pushing down the Rank Promottes, if any who are in excess of the quota allotted to them, as per the quota-Rota rule, below the Direct Recruit Candidates, including the appellants who occupy their own slots. Accordingly, the matter is re-examined and the vacancies are calculated duly following the Rota-Quota Rules as prescribed by the govt. in the said memo and prepared a show cause notice for revising integrated seniority list of ACTOs of Zone-IV for the panel years 1975-76 to 1991-92, as per the interim orders of Hon’ble APAT in O.A No.8820/2011, dated 25-11-2011 read with Govt.Memno.263/CT.I(2)/2011, Rev (CT.I) Department, dated 29-06-2011 and as further explained by the Hon’ble APAT in O.A No.2678/2008 and 5058/2004 (and batch) dt.11-08-2009 ( 15-12-2009)

7 Further, the Government issued G.O Ms NO.576 Rev (SS) Department, dated 24-04- 1982 that certain Asst. Commercial Tax Officer vacancies in the C.T Department which are in existence for more than three years, and more, be converted into permanent posts. Accordingly, 43 ACTO vacancies have become Permanent, out of which *17 ACTO vacancies meant for Direct Recruits (i.e.40%) quota. The same are taken into consideration for calculations of vacancies and preparation of revision of integrated seniority list of ACTOs. Out of temporary (newly sanctioned posts) posts of ACTOs which are in existence for more than three years, and more, be converted into permanent posts have taken into consideration for Direct Recruitees for the period from 1975-76 to 1982-83 as per G.O Ms NO.576 Rev (SS) Department, dated 24-04- 1982.

Therefore, as per the instructions of Government the panels from 1975-76 to 1991-1992 are being revised taking into account the vacancy position of Chittoor and Kurnool Divisions received from the Nodal Deputy Commissioner (CT), Chittoor and Kurnool division after verification of records of CCT’s office and A.P Gazette No.119,dt.25-3-2004. Accordingly, the vacancies available in the concerned panel years are correctly taken and panels are being drawn correctly.

The objections that Rule 6(b) of old Rules and rule 4(b) of new rules have not been followed is discussed as under:

Rule 6(b) of APS & SS Rules’1962:-a person shall be recruited direct only against a substantive vacancy in such permanent cadre and only if the vacancy is one which should be filled by a direct recruit under the special rules referred to in clause(2).

“Provided that for special reasons direct recruitment may also be made against the temporary posts”.

Explanation:-for the purpose of this rule, notwithstanding any thing contained in these rules or special or adhoc rules “substantive vacancies” shall mean all vacancies in the permanent cadre, all vacancies in the posts which have been in existence for more than 10 years. All vacancies in 75% of the posts which have been in existence for more than 3 years but less than 10 years and all vacancies in 50% of the posts which have been inexistence for more than one year but less than 3 years”.

Rule 4(b) of APS & SS Rules’1996:-Direct Recruitment: where the normal method of recruitment to any service, class or category includes direct recruitment, the proportion in which the special rules may require vacancies to be filled by persons recruited direct shall be applicable to all substantive vacancies and direct recruitment shall be made only against the substantive vacancies.

Explanation:-(i) For the purpose of this rule, notwithstanding any thing contained in these rules or special or adhoc rules, substantive vacancies shall mean all vacancies in the permanent cadre and all vacancies in the posts which have been in existence for more than 5 years.

From 1975 to 1983, as the posts are continued beyond 10 years they are deemed to be permanent and accordingly 60% vacancies are allotted for Rank Promotees since inception because they are coming under Rank Promotee quota and 40% quota for Direct Recruits from the date of Government orders making certain posts permanent/substantive.

After 03-02-1990, the 10th point cycle has been followed.

It is to state that the Commissioner (CT), A.P Hyderabad in his proceedings No.D1/983/2011, dt.30-9-2011 has ordered the allotment of service matter and disciplinary cases of ACTOs to the Addl. Commissioner (CT) Legal for quick and smooth administration of the related work. In view of the CCTs orders and subjects delegated to the undersigned, the Addl. CCT legal has issued the revised integrated show cause notice dt.12.-01-2012 as per the orders of the Commissioner (CT), A.P Hyderabad.

Therefore, the revised Show Cause Notice issued in the reference sixth cited is hereby confirmed and orders are passed accordingly.

8 The above Revised Integrated Seniority List of ACTOs of Zone-IV, shown in Annexure- A, B and C such as the persons, vacancy position and names to be relegated to subsequent panel years respectively shall be subject to outcome of SLP’s/ WP’s/ OA’s pending, if any, before the respective Appellate forums.

A copy of this above revised Integrated Seniority list is available on the internet and can be accessed at the web address: (www.apct.gov.in)

Encl: Annexure-A, B and C Sd/-D.Ramachandra Reddy Addl. Commissioner (CT) Legal To Sri C.Vijaya Raghava Reddy, CTO and (4 others), All the affected candidates as shown above through the Deputy Commissioner (CT), Chittoor and Kurnool Nodal divisions. Copy to the Deputy Commissioner (CT), Chittoor and Kurnool divisions. Copy to Departmental Web Site O/o the CCT, A.P Hyderabad. Copy to the Superintendent DZ Section O/o the CCT, A.P Hyderabad.

9 ANNEXURE-A

VACANCY POSITION ARRIVED AT IN CHITTOOR AND KURNOOLNODAL DIVISION Panel Total Newly Total Temporary Converted Temp.Conversion Temp.Conversion Temp.vacancie Comverted year ACTO sanctione No.of vacancies into of substative of substative s above 10 vacancies Vacancies d posts vacancies below one permanen vacancies 1 to 3 vacancies 3 to 10 years (DR 40%) arosed (regular) year t posts years =50% years=75%

a b c d e f g h i 1975- 14 18 32 76 1976- 19 11 30 77 1977- 1 3 4 78 1978- 2 0 2 79 1979- 4 2 6 80 1980- 2 12 14 81 1981- 5 0 5 43 17 82* 1982- 35 0 35 83 1983- 28 9 37 84 1984- 4 3 7 5 2 85 1985- 0 0 0 2 1 86 1986- 22 0 22 2 1 87# 1987- 11 0 11 1 88 1988- 2 0 2 89 1989- 16 0 16 90 1990- 17 0 17 91 1991- 16 19 35 92 Total 198 77 275 43 7 3 21 More than 10 yrs DR Quota upto 1991-92 RP Quota upto 1991-92 vacancies 1993- 2 Filled Unfilled Total Already RPs Excess Quota to be relegated to subsquent panel years 94 Filled 1995- 0 96 43 67 110 165 30 C.F for 1992-93=67

10 ANNEXURE-B STATEMENT SHOWING THE REVISED INTEGRATED SENIORITY LIST OF ACTOS OF ZONE IV FOR THE PANEL YEARS FROM 1975-76 TO 1991-1992 IN A.P EXTRAODINARY GAZETTE NO.119, DT.25-03- 2004 AS PER THE GUIDELINES OF THE GOVERNMENT VIDE GOVT.MEMO NO.39069/CT.I(2)/2010, DATED 04-01-2012(CCT's Ref.No.DX2/942/2011,dt. -04-2012)

Name of the individual Date of Birth Name of Panel year Remarks Nodal finalised division 2 3 4 5 6 1 G. SHANMUGAM (SC) 6.4.34 CTR 1975-76 Retired 2 C.JAYARAGHAVULU 15.7.33 CTR 1975-76 Retired 3 Y. BHAKTAVATSALU 24.2.30 . CTR 1975-76 Retired 4 V.V. SUBBARAIDU (SC) 10.7.37 CTR 1975-76 Retired 5 V. SHYAMA SUNDARA SARMA 15.10.33 CTR 1975-76 Retired 6 M. GOVINDA RAJULU 20.6.36 CTR 1975-76 Retired 7 D.S. KRISHNA MURTHY 12.6.36 CTR 1975-76 Retired 8 Y.V. PURUSHOTHAMA NAIDU 6.4.35 CTR 1975-76 Retired 9 G. SATYANARAYANA RAO 16.1 27 KNL 1975-76 Retired 10 N. HANUMANTHA RAO 15.3.29 KNL 1975-76 Retired 11 V. GANGANNA (SC) 1.6.37 KNL 1975-76 Retired 12 AN. NARASIMHULU 10.6.36 KNL 1975-76 Retired 13 S. KRISHNA RAO 1.7.34 KNL 1975-76 Retired 14 R. THIPPANNA 10.8.34 KNL 1975-76 Retired 15 B.S.V. CHALAPATHI RAO 1.7.36 KNL 1975-76 Retired 16 C. ABDUL QUADAR 14.10.24 KNL 1975-76 Retired 17 J. OBAIAH (SC) 1.7.42 KNL 1975-76 Retired 18 C.N. NARAYANA SWAMY 15.4.38 KNL 1975-76 Retired 19 P.TKRISHNAMURTHY (C/L) 11.4.38 CTR 1975-76 Retired 20 A. ERANNA 1.7.32 KNL 1976-77 Retired 21 B. ARJUNA 20.8.33 CTR 1976-77 Retired 22 V. SANKARA NAIDU 1.7.36 CTR 1976-77 Retired 23 T. JAYAKAR 27.12.34 CTR 1976-77 Retired 24 G. KRISHNA MURTHY 1.7.38 CTR 1976-77 Retired 25 K.S. RAMA MURTHY 19.2.37 CTR 1976-77 Retired 26 O.SURYANARAYANA 5.5.39 KNL 1976-77 Retired 27 AT. CHARLES 18.8.32 CTR 1976-77 Retired 28 R. THOTARAM ".iNGH 1.7.32 CTR 1976-77 Retired 29 B. GOPAL REDDY 19.12.36 CTR 1976-77 Retired 30 R. NARASIMHA RAO 10.8.35 CTR 1976-77 Retired 31 P. RAMAKRISHNA REDDY 15.12.38 KNL 1976-77 Retired 32 Y.MOHAN VITTAL 10.9.38 KNL 1976-77 Retired 33 N. NAGARAJU (SC) 9.4.45 KNL 1976-77 Retired 34 N. NiSAR AHMED 5.9.38 KNL 1976-77 Retired 35 B. MD. HANIEF 1.7.37 KNL 1976-77 Retired 36 P.MD. SILAR 25.126 KNL 1976-77 Retired 37 G. MD. PASHA (C/L) 27.1.35 KNL 1976-77 Retired 38 A. NAGI REDDY KNL 1977-78 Retired 39 S.B. SANKARAIAH 1.7.35 KNL 1977-78 Retired 40 K.E.V. B HAS KARA RAO 18.12.29 KNL 1977-78 Retired 41 M. MUSTAFA JAMAL 4.1.39 KNL. 1977-78 Retired 42 P.MD.ZAHIRUL HAQ 1.11.32 KNL 1978-79 Retired 43 D.P. PENCHALAIAH (DR) 1.7.38 CTR Retired 44 MD. NOORUL HUDA (DR) 11/06/1951 KNL Retired 45 b. VENKATESWARLU (DR) 5.11.43 CTR Retired

11 46 A. MASTAN VALI (DR) 12.12.51 KNL Retired 47 N. VENKATESU (DR) 1.6.37 KNL Retired 48 G GOPAL (DR) 1.12.49 CTR Retired 49 k. BHAGAWAN NAIK (DR) 15.6.44 CTR Retired 50 T. MAHABOOB (DR) 1.6.53 CTR Retired 51 A. PARANDHAMA REDDY (DR) 1.7.50 CTR Retired 52 B. SURYAPRAKASA RAO (DR) 1.7.54 KNL 53 A.A.P. NAGESWAR (DR) 5.8.54 CTR 54 P. RAVI PRAKASH (DR) 24.6.52 CTR Retired 55 D. BHASKAR REDDY (DR) 4.3.53 CTR Retired 56 n. HEMAGIRI BABU (C/L) 25.2.45 CTR 1978-79 Retired 57 G. MUDDU KRISHNAIAH 10.1.36 CTR 1979-80 Retired 58 D. VEERA RAGHAVULU (SC) 1.12.39 CTR 1979-80 Retired 59 P. HUSSAINAPPA 1.7.37 KNL 1979-80 Retired 60 A.R. SRI RAMULU 30.6.32 CTR 1980-81 Retired 61 M.A. MAZID 6.5.26 KNL 1980-81 Retired 62 T.V. SUBRAHMANYAM 1.10.35 KNL 1980-81 Retired 63 B.C. SUBBAIAH (SC) 1.7.30 CTR 1980-81 Retired 64 P. MUNI BALAIAH 15.7.36 CTR 1980-81 Retired 65 G.R. MUNI REDDY 1.7.34 CTR 1980-81 Retired 66 D. GURU MURTHY 1.1.34 CTR 1980-81 Retired 67 H.S. HANUMANTHA RAO 14.5.29 KNL 1980-81 Retired 68 P. PULLA REDDY 1.7.32 KNL 1981-82 Retired 69 G. MALLIKARJUNA (LR) 15.2.53 CTR Retired 70 S. ESWARAIAH (ST) (L/R) 1.7.57 KNL 71 K. SRINIVASA RAO (LR) 26.1.60 CTR 72 MURALIDHAR SHARMA 5.9.44 KNL 1981-82 Retired 73 D. GANGAPPA 4.7.28 KNL 1981-82 Retired 74 R.C. LING ANN A 1.7.36 KNL 1982-83 Retired 75 M. VENKATARAMUDU (SC) 8.7.39 KNL 1982-83 Retired 76 C. HANUMANTHAP;'A (SC) 1.6.37 KNL 1982-83 Retired 77 B. RAMA MURTHY 15.2.27 CTR 1982-83 Retired 78 J. GOPALACHAR 22.10.32 CTR 1982-83 Retired 79 k. RAMA MURTHY 1.12.35 CTR 1982-83 Retired 80 SYED KHASIM ALI 6.3.26 KNL 1982-83 Retired 81 K. SUBBARAMA RAO 1.1.40 KNL 1982-83 Retired 82 T. RANGA NAYAKULU 15.7.35 CTR 1982-83 Retired 83 N. SIVAIAH NAIDU 12.3.36 CTR 1982-83 Retired 84 B. SUBBA RAMAIAH 24.10.32 CTR 1982-83 Retired 85 SYED GHOUSE 21.8.35 CTR 1982-83 Retired 86 M. SHANKARA RAO 1.7.37 CTR 1982-83 Retired 87 E. SRIHARI VARMA 13.7.38 CTR 1982-83 Retired 88 M. SIVA RAMI REDDY 4.7.38 CTR 1982-83 Retired 89 MUSTAFA KHAN K. 25.5.35 KNL 1982-83 Retired 90 M. IBRAHIM 1.7.34 KNL 1982-83 Retired 91 K. SARVESWARA NAIDU 6.7.37 CTR 1982-83 Retired 92 V. GOKUL VASAN 1.4.38 CTR 1982-83 Retired 93 V. JAYALAKSHMI 7.1.37 CTR 1982-83 Retired 94 V.V. SUBBA RAO (C/L) 22.7.35 CTR 1982-83 Retired 95 R. RAMA CHANDRA REDDY 15.7.35 CTR 1983-84 Retired 96 K. SRI RAMULU 1.7.29 CTR 1983-84 Retired 97 R.G. SRINiVASAN 1.7 28 CTR 1983-84 Retired 98 U.C. VENKATESWARLU 8.7.39 CTR 1983-84 Retired 99 M. KADIRAPPA (SC) 1.7.40 KNL 1983-84 Retired 100 S.N. BHUTT 5.4.30 KNL 1983-84 Retired 101 B. VENKATA SWAMY 16.4.34 KNL 1983-84 Retired 102 M. ESWARAPPA 15.4.35 KNL 1983-84 Retired

12 103 K.E.RAMACHANDRAIAH 6.11.35 KNL 1983-84 Retired SETTY 104 V. SUBBARAYUDU 1.7.36 KNL 1983-84 Retired 105 A. LOKANATHA REDDY 17.39 KNL 1983-84 Retired 106 E. RAGAHAVA RAJU 20.6.37 CTR 1983-84 Retired 107 M. LOKANATHAM 18.1.33 CTR 1983-84 Retired 108 K. BHADRADRI NAIDU 1.7.37 CTR 1983-84 Retired 109 B. VITTAL RAO 4.9.38 KNL 1983-84 Retired 110 CP. SOMASUNDARA RAO 1.7.35 KNL 1983-84 Retired 111 K. BHASKARA NAIDU 1.7.40 CTR 1983-84 Retired 125 M.D.KESANNA (SC) 1.6.45 KNL 1984-85 Retired 126 D. HABIBULLA KHAN 18.8.38 KNL 1984-85 Retired 127 K.M. ZAHIRUDDIN 1.7.40 KNL 1984-85 Retired 112 B. VENKATARATNAM (SC) 1 1.54 KNL Retired (DR) 113 N. JHON SRINIVASULU (DR) 2.8.57 CTR 114 C. BALA GURAPPA (DR) 1.7.54 . CTR 115 K. RAVINDRA (DR) 15.8.58 CTR 116 Y.K. SAI MOHAN RAJ (DR) 2.10.52 KNL Retired 117 P. HARENDRA BABU (DR) 30.3.57 CTR 118 K. YELLAMANDA (SC) (DR) 15.1.58 KNL 119 ST. PRABHAVATHi (DR) 23.2.56 CTR 120 P. RAJESWAR (DR) 11.6.58 KNL 121 C.V. RAGHAVA REDDY (DR) 11.7.56 KNL 122 G. PARTHASARATHI (DR) 1.6.55 CTR 123 C. DAMODARAM (DR) 25.8.56 CTR 124 C.R. RAJENDRAN (DR) 31.12.61 CTR 128 T.K. MUSALAPPA 1.7.34 KNL 1984-85 Retired 129 B. PULLANNA (SC) 1.7.45 KNL 1984-85 Retired 130 G. KONDAIAH 1.7.37 KNL 1984-85 Retired 131 D. HAROON RASHEED 15.6.39 KNL 1984-85 Retired 132 D.V. RAMANA RAO 1.7.39 KNL 1985-86 Retired 133 D. CHENNAKESAVA REDDY 1.7.34 KNL 1986-87 Retired 134 S. SANKARA RAO 1.7.35 KNL 1986-87 Retired 135 B. SUNDARA RAMAN 2.6.42 CTR 1986-87 Retired 136 S. KHALEEL AHMED 5.12.43 CTR 1986-87 Retired 137 S. BALAJI 28.11.39 CTR 1986-87 Retired 138 P. JAYARAMAN 6.9.38 CTR 1986-87 Retired 139 K. KRISHNAIAH NAIDU 20.3.37 CTR 1986-87 Retired 140 G. LOKARADYA (ST) 24.4.50 C R 1986-87 Retired 141 M. MOGILAPPA (SC) 1.7.53 CTR 1986-87 Retired 142 M. SANKARAIAH (SC) 1.7.46 KNL 1986-87 Retired 143 A. PRAHALADA RAO 4.1.38 KNL 1986-87 Retired 144 S. GANGULU (SC) 5.2.49 CTR 1986-87 Retired 145 K. MOHAN DAS (SC) 10.6.52 CTR 1986-87 Retired 146 A. DORA SWAMY (ST) 24.8 46 CTR 1986-87 Retired 147 M. SATYANARAYANACHAR! 1.2.32 KNL 1987-88 Retired 148 M. SESHAIAH (SC) 1.10.47 KIN 1987-88 Retired 149 M. NARAYANA SETTY 1.8.34 KNL 1987-88 Retired 150 P.D. CHANDRA KANTHAIAH 18.5.50 CTR 1987-88 Retired (SC) 151 V. VEERANJANEYULU 14.7.46 CTR 1987-88 Retired 152 P. THULASI RAM (SC) 7.10.49 CTR 1987-88 Retired 153 M.K.A. VENKATESWARLU 15.9.52 KNL 1987-88 (C/L) Retired 154 P. PARADESI (SC) 1.7.46 CTR 1987-88 Retired 168 A. VANKATA SWAMY (ST) 6.6.52 CTR 1988-89 Retired 155 V. BHARADWAJA (DR) 1.7.59 CTR 156 K. VENKATAESWARLU (DR) 17.9.60 CTR

13 157 P. GHOUSE MOHIUDDIN (DR) 1.6.59 KNL 158 Z. LOUR DAI AH NAIDU (DR) 3.9.62 KNL 159 D. SURYANARAYANA (DR) 1.4.56 KNL Retired 160 K. SUDARSAN RAMBABU (DR) 1.7.59 KNL 161 N. RAJESWARA REDDY (DR) 24.6.59 KNL 162 C.V. NARAYANA REDDY (DR) 1.8.60 KNL 163 P. CHANDRASEKHARAM (DR) 9.8.55 CTR 164 R.V.N. PRASAD (DR) 15.11.60 CTR 165 A. RAVINDRA NATHA REDDY 1.7.64 KNL (DR) 166 C. VENU GOPAL (DR1 20.6.60 CTR 167 N.V. RAMANAIAH (DR) 15.6.54 CTR 169 G; VENUGOPALA SARMA 1.7.43 KNL 1989-90 Retired 170 J. VENKATA RAMANA 1.7.39 KNL 1989-90 Retired 171 J. NARAYANA 1.7.37 KNL 1989-90 Retired 172 A. SUBRAHMANYAM 12.6.39 KNL 1989-90 Retired 173 K. GOPAL (SC) 1.7.53 CTR 1989-90 Retired 174 V. VISWANATHA REDDY 17.9.44 CTR 1989-90 Retired 175 K. UMA PATH! 7.10.33 CTR 1989-90 Retired 176 B. PADMANABHAM 1.7.39 CTR 1989-90 Retired 177 T.K. APPUVA CHARY 10.7.37 CTR 1989-90 Retired 178 M. KAILASAM 1.7.42 CTR 1989-90 Retired 179 P. KRISHNUDU 1.7.39 CTR 1990-91 Retired 180 V. SANTHA BAI 1.6.40, CTR 1990-91 Retired 181 V. KRISHNA REDDY 14.5.40 KNL 1990-91 Retired 182 G. SUBBA NARAYANA RAO 1.3.43 KNL 1990-91 Retired 183 S. KHADER BASHA 2.6.41 KNL 1990-91 Retired 184 A. KRISHNA MURTHY 1.7.37 KNL 1990-91 Retired 185 P. S. SESHAGIRI 10.7.32 CTR 1990-91 Retired 186 S. RAMANATHAN .10.9.38 CTR 1990-91 Retired 187 K. RAMANAIAH 1.1.40 CTR 1990-91 Retired 188 S.K. KHADER BASH A 1.7.44 CTR 1990-91 Retired 189 K. VENKATA SUBBAIAH 1.7.40 CTR 1991-92 Retired 190 C. AZIMULLA KHAN 16.12.29 CTR 1991-92 Retired 191 G.SURYANARAYANA 1.7.43 KNL 1991-92 Retired 192 D. ABDUL AZEEZ KHAN 1.7.41 KNL 1991-92 Retired 193 J. SREENIVASARAO 1.7.46 KNL 1991-92 Retired 194 K. ABDUL GHANI 1.7.40 KNL 1991-92 Retired 195 A. BALANARAYANA REDDY 1.7.39 KNL 1991-92 Retired 196 S. NAZEER AHAMED 14.8.46 KNL 1991-92 Retired 197 BASHA MOHIUDDIN 15.2.41 KNL 1991-92 Retired 198 S.MD. SHAREEF 4.1.40 KNL 1991-92 Retired 199 P. SARDAR KHAN 1.7.45 KNL 1991-92 Retired 200 G.V. CHALAPATHY 1.2.38 KNL 1991-92 Retired 201 lS.K. ABDUL KHADER 1 4.45 CTR 1991-92 Retired 202 K. ISSAC 1.5.38 CTR 1991-92 Retired 203 G. SUNKANNA (SC) 1.7.38 KNL 1991-92 Retired 204 M. CHANGALRAYAN (SC) 6.8.45 CTR 1991-92 Retired 205 P. JAYARAM NAIK (ST) 10.4.54 KNL 1991-92 206 Y.C. SUBBARAYUDU (ST) 1.7.54 KNL 1991-92 207 S. KAMALAMMA (SC) 1.7.47 KNL 1991-92 Retired 208 C.H.SOMA SEKHAR (C/L) 30.4.61 KNL 1991-92

Sd/-D.Ramachandra Reddy Addl.Commissioner (CT) Legal

14 ANNEXURE-C NAMES NOT FOUND IN THE REVISED INTEGRATED SENIORITY LIST OF ACTOS OF ZONE IV FOR THE PANEL YEARS FROM 1975-76 TO 1991-1992 IN A.P EXTRAODINARY GAZETTE NO.119, DT.25-03- 2004 AS PER THE GUIDELINES OF THE GOVERNMENT VIDE GOVT.MEMO NO.39069/CT.I(2)/2010, DATED 04-01-2012(CCT's Ref.No.DX2/942/2011,dt. 04-2012) (RELEGATED TO SUBSQUENT PANEL YEARS) Name of the individual Date of Birth Name of Panel year Remarks Nodal finalised division 1 D. PENCHALAIAH 1.1.62 KNL 2 N.MD. RAHAMTULLAH 3.6.48 KNL Retired 3 N. SANKARAIAH 1.6.41 KNL Retired 4 V. KRISHNUDU (SC) 1.7.50 KNL Retired 5 L. SUBRAHMANYAM NAIDU 10.2.37 CTR Retired 6 M: MUNI SWAMY (SC) 9.7.45 CTR Retired 7 S. NARAYANASWAMY 1.7.38 KNL Retired 8 S. MAHABOOB VALI 4.3.46 KNL Retired 9 D. NAGARAJU (SC) 1.7.48 KNL Retired 10 K. SUBBA RAMULU 5.4.38 CTR Retired 11 S. HASSAN AHMED 1.7.41 CTR Retired 12 N. OBUL REDDY i .7.40 CTR Retired 13 V. KRISHNA MURTHY 29.6.43 KNL Retired 14 P.M. RAMACHANDRAN 6.8.32 CTR Retired 15 C. RAGHAVENDRA RAO 20.10.39 CTR Retired 16 A. MADHAVA RAO 23.9.37 CTR Retired 17 P. SUNDARA BABU 1.7.34 CTR Retired 18 C. RAMAKRISHNAIAH (SC) 1.6.51 CTR Retired 19 P. NAGA MUNI 1.6.35 CTR Retired 20 S.MD. OSMAN 23.9.41 KNL Retired 21 K. PRAKASH 21.10.40 KNL Retired 22 M. RAMASUBBA REDDY 1.7.41 KNL Retired 23 K. HARINATH BABU 24.8.39 KNL Retired 24 SYED KHASIM 15.3.41 KNL Retired 25 SYED KHAJAMOHIDDIN 5.4.44 KNL Retired 26 MA. KALAM KHAN M.44 KNL 27 K. ViJAYAKUMAR (SC) MAI KNL 28 V. NOOR AHMED 1.7.51 KNL Retired

Sd/-D.Ramachandra Reddy Addl.Commissioner (CT) Legal