LexThe Telangana (Regulation of Appointments to Public Services and Rationalisation of Staff Pattern and Pay Structure) Act, 1994.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA (REGULATION OF APPOINTMENTS TO PUBLIC
SERVICES AND RATIONALISATION OF STAFF PATTERN AND
PAY STRUCTURE) ACT, 1994.
(ACT NO. 2 OF 1994)
ARRANGEMENT OF SECTIONS
Sections
1. Short title and commencement.
2. Definitions.
3. Prohibition of daily wage appointments and regulation
of temporary appointments.
4. Regulation of recruitment.
5. Bills not to be passed.
6. Penalties.
7. Bar for regularisation of services.
7A. Abatement of Claims.
8. Power to give directions.
9. Abatement of claims.
10. Creation of Posts.
10-A. Regularisation of Services of persons appointed on
contract basis.
11. Review Committees.
12. Committee to exercise the powers of the Civil Court.
13. Offences and Punishments.
14. Penalty for abetters.
15. Offences by Companies.
16. Bar of jurisdiction of Civil Courts.
17. Act to override other laws.
2 [Act No. 2 of 1994]
18. Power to make rules.
19. Guidelines for interpretation of Act.
20. Repeal of Ordinance 8 of 1993.
The Schedule.
THE TELANGANA (REGULATION OF APPOINTMENTS TO
PUBLIC SERVICES AND RATIONALISATION OF STAFF
PATTERN AND PAY STRUCTURE) ACT, 1994.1
ACT No.2 OF 1994.
1. (1) This Act may be called the 2Telangana (Regulation
of Appointments to Public Services and Rationalisation of
Staff Pattern and Pay Structure) Act, 1994.
(2) It shall be deemed to have come into force with
effect on and from the 25th November, 1993.
2. In this Act unless the context otherwise requires,-
(i) „competent authority‟ means the officer or authority
specified by the Government by notification to exercise the
powers and perform the functions of a competent authority
under this Act and they may specify the different authorities
for different purposes, different districts and different
departments and institutions;
(ii) „daily wage employee ‟ means any person who is
employed in any public service on the basis of payment of
daily wages and includes a person employed on the basis
of nominal muster roll or consolidated pay ei ther on full-time
or part -time or piece rate basis or as a work charged
employee and any other similar category of employees by
1. The Andhra Pradesh (Regulation of Appointments to Public Services
and Rationalisation of Staff Pattern and Pay Structure) Act, 1994
received the assent of the Governor on the 15 th January, 1994. The said
Act in force in the combined State, as on 02.06.2014, has been adapted
to the State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification
issued in G.O.Ms.No.16, Finance (HRM.I) Department, dated
26.02.2016.
2. Substituted by G.O.Ms.No.16, Finance (HRM.I) Department, dated
26.02.2016.
Short title and
commencement.
Definitions.
2 [Act No.2 of 1994]
whatever designation called other than those who are
selected and appointed in a sanctioned post in accordance
with the relevant rules on a regular basis;
(iii) „Government‟ means the State Government;
(iv) „local authority‟ means,-
(a) a Gram Panchayat established under the 3Andhra
Pradesh Gram Panchayats Act, 1964;
(b) a Mandal Praja Parishad or a Zilla Praja Parishad
established under the 3Andhra Pradesh Mandala Praja
Parishads, Zilla Praja Parishads and Zilla Pranalika and
Abhivrudhi Sameeksha Mandals Act, 1986;
(c) a Municipality constituted under the 4Telangana
Municipalities Act, 1965; and
(d) a Municipal Corporation established under the
relevant law, for the time being in force, relating to Municipal
Corporations;
(v) „Notification‟ means, a notification published in the
5Telangana Gazette;
6[(vi) „Public Services for the purposes of th is Act‟
means, services in any office or establishment of:-
(a) the Government;
3. Now see the provisons under the Telangana Panchayat Raj Act, 2018
(Act No.5 of 2018).
4. Adapted in G.O.Ms.No.142, Municipal Administration & Urban
Development (F2) Department, dated 29.10.2015.
5. Substituted by G.O.Ms.No .16, Finance (HRM.I) Department, dated
26.02.2016
6. Clause (vi) substituted by Act No.5 of 2004.
Act 2 of 1964.
Act 31 of 1986.
Act VI of 1965.
[Act No.2 of 1994] 3
(b) a local authority;
(c) a Corporation or undertaking wholly owned or
controlled by the State Government;
(d) a body established under any law made by the
Legislature of the State whether incorporated or not;
including a University;
(e) a Co -operative Society registered under the
7Telangana Co-operative Societies Act, 1964; and
(f) any other body established by the State
Government or by a Society, other than the Society
specified under sub -clause (e), registered under any law
relating to the registration of societies for the time being in
force, and receiving funds from the State Government either
fully or partly for its maintenance or any educational
institution whether registered or not but rece iving aid from
the Government.]
3. (1) The appointment of any person in any public
service to any post, in any class, category or grade as a
daily wage employee is hereby prohibited.
(2) No temporary appointment shall be made in any
public service to any post, in any class, category or grade
without the prior permission of the competent authority and
without the name of the concerned candidate being
sponsored by the Employment Exchange.
4. 8[(1)] No recruitment in any public service to any post
in any class, category or grade shall be made except,—
7. Adapted in G.O.Ms.No.53, Agriculture & Co -operation (Coop.II)
Department, dated 20.05.2016.
8. Section 4 renumbered as sub -section (1) of section (4) by Ac t No.16
of 1997.
Regulation of
recruitment.
Prohibition of
daily wage
appointments and
regulation of
temporary
appointments.
Act 7 of 1964.
4 [Act No.2 of 1994]
(a) from the panel of candidates selected and
recommended for appointment b y the Public Service
Commission/College Service Commission where the post is
within the purview of the said Commission;
(b) from a panel prepared by any Selection
Committee constituted for the purpose in accordance with
the relevant rules or orders issued in that behalf; and
9[(c) from the candidates having the requisite
qualification either sponsored by the Employment Exchange
or applied in response to the wide publicity of vacancy
position through Daily News paper having wider circulation
or Employment News Bulletin and also display on the Office
Notice Boards or announcement through Radio or
Television in other cases where recrui tment otherwise than
in accordance with clauses (a) and (b) is permissible.]
10[xxx]
11[(2) Nothing in sub-section (1) shall apply,-
(a) to the compassionate appointments made in
favour of a son or a daughter or spouse of any person
employed in public service who dies in harness or who
retires from service on medical grounds, in accordance with
the relevant orders issued from time to time;
12[(b) to the appointments made in favour of a son or
daughter or spouse or a grand son (son‟s son) or a grand
daughter (son‟s daughter) or a grand son (depen dent
daughter‟s son) or a grand daughter (dependent daughter‟s
daughter) of any married person or a brother or a sister or
9. Clause (c) substituted by Act No.5 of 2009.
10. Explanation omitted by Act No.16 of 1997.
11. Added by Act No.16 of 1997.
12. Clause (b) substituted by Act No.5 of 2009.
[Act No.2 of 1994] 5
parent of any unmarried person killed or totally
incapacitated in extremist violence or in police firing or
bomb-blast or in communal violence irrespective of the age
of the killed who is not accused of an offence, made in
accordance with the relevant orders issued from time to
time.
Explanation:- “totally incapacitated” means certified
as such by the Medical Board;]
13[(c) to the appointments made in favour of members
of Scheduled Castes or Scheduled Tribes, who or whose
parents or spouse are subjected to atrocities, in accordance
with the relevant orders issued from time to time;]
14[(d) to any suitable appointments to be made in
compliance with assurance bearing Number 2488/X/96,
Assembly Secretariat, dated 10th September, 1996 made on
the floor of the Legislative Assembly of the State.]
5. Where an appointment is not in accordance with
section 4, the drawing authority shall not sign the salary bill
of the appointee concerned and the Pay and Accounts
Officer, Sub -Treasury Officer or any other officer who is
charged with the responsibility of passing the salary bill shall
not pass such bill unless a certificate issued by the
appointing authority to the effect that the appointment has
been made in accordance with section 4 is attached to the
first salary bill of the appointee concerned.
6. (1) Where any holder of an elective office or any officer
or authority makes any appointment in contravention of the
provisions of this Act,-
13. Clause (c) added by Act No.3 of 1998.
14. Clause (d) added by Act No.27 of 1998.
Bills not to be
passed.
Penalties.
6 [Act No.2 of 1994]
(a) it shall be deemed in the case of the holder of an
elective office that he has abused his position or power and
accordingly the competent authority shall initiate
proceedings for his removal; and
(b) in the case of an officer or authority it shall be
deemed that he is guilty of misconduct and the competent
authority shall initiate action under the relevant disciplinary
rules.
(2) In addition to taking action under sub -section (1)
the pay and allowances paid to the person whose
appointment is in contravention of the provisions of this Act
shall be deemed to be an illegal payment and a loss to the
Government or, as the case may be, to the concerned
institution and the same shall be recoverable by surcharging
the same under the 15Telangana State Audit Act, 1989
against the person, officer or authority who makes such
appointment in contravention of the provisions of this Act or
where such surcharge is not possible u nder the said Act in
accordance with such manner as may be prescribed
including as arrears of land revenue.
7. No person who is a daily wage employee and no
person who is appointed on a temporary basis under
16[section 3 and no person who] is continuing as such at the
commencement of this Act shall have or shall be deemed
ever to have a right to claim for regularisation of services on
any ground whatsoever and the services of such person
shall be liable, to be t erminated at any time without any
notice and without assigning any reasons:
15. Adapted in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
16. Substituted for “section 3 and” by Act No.3 of 1998.
Bar for
regularisation of
services.
Act 9 of 1989.
[Act No.2 of 1994] 7
17[Provided that the services of those persons
continuing as on the 25th November, 1993 having
completed a continuous minimum period of five years of
service on or before 25th Nov ember, 1993 either on daily
wage, or nominal muster roll, or consolidated pay or as a
contingent worker on full time basis, shall be regularized in
substantive vacancies, if they we re otherwise qualified
fulfilling the other conditions stipulated in the sc heme
formulated in G.O.Ms.No.212, Finance & Planning
(FW.PC.III) Department, dated the 22nd April, 1994:]
18[Provided further that the services of a person who
worked on part -time basis continuously for a minimum
period of ten years and is continuing as such on the date of
the commencement of this Act shall be regularized in
accordance with the scheme formulated in G.O.(P).112,
Finance & Planning (FW.PC.III) Departme nt, dated the 23rd
July, 1997:]
19[Provided also that] in the case of Workmen falling
within the scope of section 25 -F of the Industrial Disputes
Act, 1947, one month ‟s wages and such compensation as
would be payable under the said section s hall be paid in
case of termination of Services:
19[Provided also that] nothing in this section, shall
apply to the Workmen governed by Chapter V -B of t he
Industrial Disputes Act, 1947.
Explanation:- For the removal of doubts it is hereby
declared that the termination of services under this section
shall not be deemed to be dismissal or removal from service
within the meaning of article 311 of the Constitution or of
17. First proviso inserted by Act No.3 of 1998 and subsequently
substituted by Act No.27 of 1998.
18. Provisos one and two inserted by Act No.3 of 1998.
19. Substituted by Act No.3 of 1998.
8 [Act No.2 of 1994]
any other relevant law providing for the dismissal or removal
of employees but shall only amount to termination
simpliciter, not amounting to any punishment.
20[7A. (1) Notwithstanding any Government order,
judgement, decree or order of any Court, Tribunal or other
authority, no person shall claim for regularization of service
under the first proviso to section 7 as it was incorporated by
the Andhra Pradesh (Regulation of Appointments to Public
Services and Rationalis ation of Staff Pattern and Pay
Structure) (Amendment) Act, 1998.
(2) No suit or other proceedings shall be maintained or
continued in any Court, Tribunal or other authority against
the Government or any person or other authority whatsoever
for regularization of services and all such pending
proceedings shall abate forthwith.
(3) No Court shall enforce any decree or order
directing the Government or any person or other authority
whatsoever for regularization of services.]
8. For the purpose of enforcing the provisions of this Act,
it shall be competent for the Government, the Pay and
Accounts Officer, the Director of Treasuries and Accounts,
the Director of State Audit, Director of Accounts of the
Project Department or any Head of the Department of the
Government to issue such directions as they may deem fit
to their subordinates and the subordinate shall comply with
such directions where any subordinate officer is guilty of
non-compliance with such directions it shall be deemed that
he is guilty of misconduct for proceeding under the relevant
disciplinary rules.
20. Section 7A inserted with marginal heading by Act No.27 of 1998.
Power to give
directions.
Abatement of
Claims.
Act 3 of 1998.
[Act No.2 of 1994] 9
9. Notwithstanding anything contained in any judgment,
decree or order of any court, tribunal or other authority, the
claims for regular appointment of all daily wage employees
and persons appointed on a temporary basis, shall stand
abated and accordingly,-
(a) no suit or other proceeding shall be instituted,
maintained or continued in any court, tribunal or other
authority by the daily wage or temporary appointees against
the Government or any person or authority whatsoever for
the regularization of the services;
(b) no court shall enforce any decree or order directing
the regularisation of the services of such persons; and
(c) all proceedings pending in any court or tribunal
claiming the regularisation of services shall abate.
10. (1) No post shall be created in any office or
establishment relating to a public service without the
previous sanction of the competent authority.
(2) Any appointment made to any post created in
violation of sub -section (1) shall be invalid and the
provisions of sections 5, 6 and 7 shall mutatis mutandis
apply to such appointments.
21[10-A. Notwithstanding anything contained in this Act, the
Government may regularize the services of the persons
appointed on contract basis against the sanctioned posts in
the Government, subject to fulfillment of the following
conditions:
21. Section 10A added with marginal heading by G.O.Ms.No.16,
Finance (HRM.I) Department, dated 26.02.2016.
Abatement of
claims.
Creation of Posts.
Regularisation of
Services of
persons
appointed on
contract basis.
10 [Act No.2 of 1994]
1. Availability of a post in the relevant category in the
respective departments shall be the pre -requisite condition
for considering regularization.
2. Regularization may be considered only in respect of
persons appointed on full time contract basis on a monthly
remuneration.
3. Regularization may be considered only in respect of
eligible personnel working as on 2nd June, 2014,
immediately before formation of Telangana State, and
continuing till the date of proposed regularization.
4. For the purpose of continuity the annual breaks in
certain vacation departments like Education and Welfare
Departments may be ignored. This cond onation shall not,
however, apply in respect of breaks on account of
unauthorized absence and disciplinary cases.
5. The regularization shall be with prospective effect, i.e.,
from the date of issue of orders of regularization and
appointment to the category.
6. The backlog in reservations if any arising out of
regularization as above shall be carried forward and treated
as backlog vacancies for that particular category.]
11. (1) Within a period of one month from the date of
commencement of this Act, the Government shall constitute
a Committee with an officer not less in rank than a Secretary
to Government as the Chairman and such number of
members of such rank as they may deem fit, to review,-
(a) the existing staff pattern in any office or
establishment employing persons belonging to any public
service keeping in view the work load of such office or
establishment; and
Review
Committees.
[Act No.2 of 1994] 11
(b) the pay scales, allowances, exgratia, bonus,
pension, gratuity and other terminal benefits and perquisites
applicable to the post belonging to any public service of
such office or establishment (other than th e teaching staff of
the Universities) keeping in view the qualifications and job
requirements of each such post.
(2) After undertaking review under sub -section (1) the
committee shall submit a report with its recommendations to
the Government for such ac tion as may be prescribed by
rules made in this behalf.
(3) The Committee shall regulate its own procedure for
discharging the functions under this section.
(4) All orders and decisions of the Committee shall be
authenticated by the Chairman or a membe r authorized by
him in this behalf.
Explanation:- For the purposes of this section
Secretary to Government includes a Principal Secretary or
Special Secretary to Government.
12. (1) The Committee constituted under section 11 shall,
while discharging the duties under this Act, have all the
powers of a Civil Court while trying a suit under the Code of
Civil Procedure, 1908 in respect of the following matters
namely:-
(a) summoning and enforcing the attendance of any
person and examining him on oath;
(b) requiring the discovery and production of any
document;
(c) receiving evidence on affidavits;
Committee to
exercise the
powers of the Civil
Court.
Central Act V of 1908.
12 [Act No.2 of 1994]
(d) requisitioning any public record or copy thereof
from any court or office; and
(e) is suing commissions for the exami nation of
witnesses or documents.
(2) For purposes of discharging its duties the
Committee shall have the right to inspect or cause to be
inspected a ny office or establishment referred to in sub -
section (1) of section 11.
13. (1) Any person or authority who contravenes the
provisions of this Act shall apart from the penalties
otherwise provided for, be punishable with imprisonment for
a term which shall not be less than six months and which
may extend upto two years and also wi th fine which shall
not be less than five thousand rupees but which may extend
upto ten thousand rupees.
(2) No Court shall take cogniz ance of an offence
punishable under this section except with the previous
sanction of the Government.
14. Whoever abets any offence punishable under this Act
shall be punished with the punishment provided for in this
Act for such offence.
15. Where an offence against any of the provisions of this
Act or any rule made thereunder has been committed by a
Company, every person, who at the time of the offence was
committed, was incharge of, and was responsible to the
company for the conduct shall be deemed to be guilty of the
offence and shall be liable to be proceeded agai nst and
punished accordingly:
Provided that nothing c ontained in this sub -section
shall render any such person liable to any punishment, if he
Offences and
Punishments.
Penalty for
abetters.
Offences by
Companies.
[Act No.2 of 1994] 13
proves that the offence was committed without his
knowledge or that he had exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything in sub -section (1) where
any such offence has been committed by a company and it
is proved that the offence, has been committed with the
consent or connivance of, or is attributable, to any neglect
on the part of, any Director, Manager, Secretary or other
officer of the Company, shall be liable to be proceeded
against and punished accordingly.
Explanation:- For the purpose of this section,-
(a) “Company” means a company as defined in the
22Companies Act, 1956 and includes a University, a firm, a
society or other association of individuals; and
(b) “Director” in relation to,-
(i) a “firm” means a partner in the firm;
(ii) a University, a society or other association of
individuals means the person who is entrusted with the
power to make appointments in the case of a University
under the concerned law under which the University is
established, and in other cases, under the ru les of the
society or other association, as the case may be.
16. No suit, prosecution or other legal proceedings shall lie
against any person for anything which is in good faith done
or intended to be done in pursua nce of this Act or the rules
made thereunder.
22. See now Companies Act, 2013 (Central Act No.18 of 2013).
Bar of jurisdiction
of Civil Courts.
Central Act I of 1956.
14 [Act No.2 of 1994]
17. The provisions of this Act shall have effect
notwithstanding anything contained in any other law for the
time being in force or any judgement, decree or order of any
court, tribunal or other authority.
18. (1) The Government may by notification, make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislature of the State, if
it is in session and if it is not in session, in the session
immediately following for a total period of fourteen days
which may be comprised in one session or in two
successive sessions, and if, before the expiration of the
session in wh ich it is so laid or the session immediately
following the Legislat ure agrees in making any modification
in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified,
have effect only in such modified form or shall stand
annulled as the case may be so, however, that any such
modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.
19. The Schedule to this Act shall constitute the guidelines
for the interpretation and implementation of this Act.
20. The Andhra Pradesh (Regulation of Appointments to
Public Services and Rationalisation of Staff Pattern and Pay
Structure) Ordinance, 1993 is hereby repealed.
Act to override
other laws.
Guidelines for
interpretation of
Act.
Repeal of
Ordinance 8 of
1993.
Power to make
rules.
[Act No.2 of 1994] 15
THE SCHEDULE
THE STATEMENT OF OBJECTS AND REASONS TO THE
ANDHRA PRADESH [REGULATION OF APPOINTMENT TO
PUBLIC SERVICES AND RATIONALISATION OF STAFF
PATTERN AND PAY STRUCTURE] BILL, 1993
The Constitution envisages the State to be a welfare
State. The long cherished dictum of Bentham is that the
State should try to maximise th e good to maximum number
of its citizens. State Government has to collect taxes and
non-taxes from its citizens who can afford to pay so that
such funds can be used for maintaining law and order which
is a pre -requisite for any orderly Government and use t he
rest of the funds for the welfare of various sections of the
society. In this process Government has to necessarily have
its own employees to collect taxes and implement the
welfare and developmental programmes. The cost of such
Government employees is, therefore, a necessary item of
expenditure of the State Government. But, the amount so
spent on its staff should be reasonable and should leave
adequate amount for taking up welfare and developmental
activities for the rest of citizens. The percentage of the
employee population including their families to the total
population of our State is about 10%. It may not be always
possible to limit expenditure on the employees to that
percentage but at the same time it should not be such that
the staff‟s expenditure leaves very little for remaining 90% of
the people.
The number of employees has been increasing at an
enormous rate. The census of Government employees
conducted by the State Government in 1976, 1981 and 1988
and as projected in 1993 shows that the number of
employees of the Government, Universities, Institutions
receiving Grant -in-Aid and Public Sector Undertakings,
Local Bodies has increased from 6.78 lakhs in 1976 to 12.34
16 [Act No.2 of 1994]
lakhs in 1993 which constituted an increase of 82%. Out of
this, the employees of the Departments of the State alone
increased from 2.85 lakhs to 5.56 lakhs representing an
increase of 95%. The Publi c Sector Undertakings grew at
128% from 1.44 lakhs to 3.28 lakhs. Among the Government
employees and Local Body employees, the class IV and
other categories constitute about 41%.
The expenditure particulars show that the amount
spent on the salaries, all owances and pension of
Government employees, Panchayat Raj employees,
employees paid out of the Grant -in-Aid, amounts to a figure
of Rs.4277 crores in 1993 -94 salaries on the due dates.
Government considers that it is not fair that people‟s interest
should be neglected and even sacrificed by not taking up
schemes just to pay salaries to its employees.
In addition to the salary and pension commitment there
is a heavy debt servicing burden on the Government. The
debt also has been increasing from year to ye ar. In 1983 the
total outstanding debt was Rs.2543 crores. It has now
reached Rs. 10970 crores during 1993 -94. At present, the
Government are paying as much as Rs.1012 crores f or
payment of interest and Rs. 330 crores for repayment o f
principal amount every year. The total amount of non -plan
items of expenditure in 1993 -94 is amounting to Rs.6222
crores, which cannot be avoided. The Government are not
able to complete a number of Irrigation Projects and Power
Projects because of lack o f funds. For the same reason
productive assets like completed irrigation projects and
roads are not being properly maintained resulting in
wastage of assets whose replacement will cost several
hundreds of cores of rupees. At present, the Government
are spe nding 81% of the debt they receive from the
Government of India, Market borrowings and all other
categories of loans for repayment; which means only 19% of
the total debt is being added to our resources. But it is
[Act No.2 of 1994] 17
estimated that from next year onwards the repayment will be
more than the debt receipts. If the Government are caught in
such a debt trap the amount available to the State
Government will be limited to its own tax and non -tax
revenues and the devolutions from the Government of India.
The devolutio ns expected from the G overnment of India is
about Rs.1698 crores in 1993 -94. Since the expenditure on
establishment is already 10 5% of the own tax and non -tax
revenues of the State, it can be seen that between this
expenditure and other non -plan expenditur e the
Government would have exhausted the most of the
resources leaving very little for welfare schemes and
developmental programmes. Since no Government can
allow such total neglect of welfare and developmental
activities the employees of the State will n ot be getting
salaries on time and eventually they will not be getting their
full salary also.
The irregular appointments are adversely affecting the
interest of several thousands of unemployed persons who
have registered in the employment exchange and awaiting
their turn for orders. It is also adversely affecting the
interests of Scheduled Castes, Scheduled Tribes and
Backward Classes who have reservation in employment
since the N.M.R. appointments are not taking care of the
reservation for these catego ries. Government have
constituted District Selection Committees and some adhoc
Selection Committees besides the Andhra Pradesh Public
Service Commission to take up recruitment in accordance
with law in Government Departments. Irregular
appointments are depriving these legitimate recruiting
bodies from performing their functions. Irregular
appointments in excess of sanctioned strength will also
result in industrial undertakings becoming unviable and
eventually sick. When a unit goes sick, it result s in
retrenchment and even winding-up, thus, adversely affecting
the interests of the existing employees who are recruited
18 [Act No.2 of 1994]
against sanctioned strength and through authorised process
of selection. Similarly unauthorised appointments over and
above the sanctioned s trength in Government Departments
would also increase the number of employees and to that
extent militate against the Government looking after the
existing employees who have been recruited through proper
channel. The Act will, therefore, protect the inter ests of
candidates in Employment Exchanges, reserved categories,
the existing employees who were recruited through proper
channel and the legitimate functions of the recruiting
agencies.
From the above, it can be seen that the financial
position of the State arising out of excessive expenditure on
staff is so alarming that it cannot be tackled by ordinary
administrative actions and instructions. It is, therefore,
thought that a time has come when we have to provide for
deterrent action for illegal and irr egular appointments by
enacting a law. It has accordingly been decided to enact a
law to achieve the following objects, namely:-
(a) totally banning such appointments in the institutions
covered by legislation;
(b) imposing stringent penalties for maki ng
appointments by public servants on violation of the law;
(c) to protect public servants from being held for
contempt for non -compliance of the orders of Tribunal or
High Court and also for abatement of pending cases
claiming regularisation of services which are already filed
before the courts of law by making a suitable provision there
for; and
(d) to protect the interests of candidates registered with
Employment Exchange, the reservation rights of Scheduled
Castes, Scheduled Tribes and Backward Classes, the rights
[Act No.2 of 1994] 19
of the existing employees who are recruited through proper
channel and the functions of Andhra Pradesh Public Service
Commission, District Selection Committees and other
selection Committees constituted by the Government.
The legislation will prevent further deterioration of
finances of the State and at the same time conserve the
resources for the welfare and developmental activities.
As the Legislative Assembly was not then in session
having been prorogued and as it was decided to give effect
to the above decision immediately the Andhra Pradesh
(Regulation of Appointments to Public Services and
Rationalisation of Staff Pattern and Pay Structure)
Ordinance, 1993 (Andhra Pradesh Ordinance 8 of 1993) was
promulgated by the Governor on the 24th November, 1993.
This Bill seeks to give effect to the above objectives.
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