Higher Education - Regularisation of teaching/non-teaching temporary staff working on Daily Wage/NMR or Consolidated Pay in the State funded Higher Educational Institutions - Examine proposal scrupulously in view of Act 2 of 1994, Orders of the Apex Court and various Act, Rules and Government Orders of State Government -Strict implementation - Orders - Issued.
HIGHER EDUCATION (U.E) DEPARTMENT
G.O.RT.No. 91 Dated: 30-06-2021.
Read the following:
1.Andhra Pradesh (Regulation of appointments to Public services and rationalisation of staff pattern and pay structure) Act, 1994 (Act 2 of 1994).
2.G.O.Ms.No.212, Finance & Planning (F.W.PC.III)Dept, dated: 22.4.1994.
3.Hon’ble Supreme Court Judgment in CA No.3702 of 2006 (ManjulaBhashin case).
4.Hon’ble Supreme Court in its judgment dated:10-4-2006 in 3595-2612 of 1999 in Umadevi Case.
5.From the Department of Personnel and Training (DOPT), Government of India, New Delhi, OM No. 49014/7/2020- Estt.(c), dated:07/10/2020.
It is observed that the State funded Higher Educational Institutions under the administrative control of Higher Education Department have submitted various proposals to Government for regularisation of teaching or non-teaching temporary staff working on Daily Wage/NMR or Consolidated Pay in their institutions in violation of the provisions of Andhra Pradesh (Regulation of appointments to Public services and rationalisation of staff pattern and pay structure) Act, 1994 (Act 2 of 1994), cited in the reference 2nd and various judgements of the Supreme Court of India in the reference 3rd and 4th read above.
The relevant portion of para (2) of the said G.O. prescribed the minimum conditions for the scheme and it reads as: “….the scheme for regularization of the services of such persons who
worked continuously for a minimum period of 5 years and are continuing on 25-11-1993 is subject to fulfilment of the following conditions:
i. The persons appointed should possess the qualifications prescribed as per rules in force as on the date from which his/her services have to be regularized.
ii. They should be within the age limits as on the date of appointment as NMR/Daily wage employee.
iii. The rule of reservation wherever applicable will be followed and back-log will be set-off against future vacancies.
iv. Sponsoring of candidates from Employment Exchange is relaxed.
v. Absorption shall be against clear vacancies of posts considered necessary to be continued as per work-load excluding the vacancies already notified to the Andhra Pradesh Public Service commission / District Selection Committee.
vi. In the case of Work charged Establishment, where there will be no clear vacancies, because of the fact that the expenditure on Work charged is at a fixed percentage of P.S. charges and as soon as the work is over, the services of work charged establishment will have to be terminated, they shall be adjusted in the other departments, District Offices provided there are clear vacancies of last Grade Service”