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Wednesday, January 4, 2012

EXEMPTION FOR PASSING DEPARTMENTAL TESTS CROSSING 50 YEARS OF AGE


GOVERNMENT OF ANDHRA PRADESH TREASURIES AND ACCOUNTS DEPARTMENT

From:                                                            To:
The Director                                                   The Special Chief Secretary
Treasuries and Accounts                                     to Govt.
   Dept.
Andhra Pradesh.                                                 Finance (P.C-II).
HYDERABAD.                                                   Andhra Pradesh.
                                                                   HYDERABAD.
                 Letter No.M1/ 12101/2010    dt: 04-08-2010
Sri
Sub: -RPS2010-Automatic Advancement Scheme-allowing spp-II                scale(second level promotion)to the category III teachers who crossed 50 years of age-Reg
Ref:               1.Representation of the JACTO-AP, Hyderabad, dt:14-07-2010.
                     2.G.O.Ms.No:93 Fin(PC-1)Dept.dt:03-04-2010.
                     3.G.O.Ms.No:9, Education Depl.dt:23-01-2009
                     4.G.O.Ms.No:10, Education Dept.dt:23-01-2009
                     5.G.O.Ms.No:19, Education Dept.dt:27-01-2009
                     6.G.O.Ms.No:20, Education Dept.dt:27-01-2009
                7.Fin(pc-II)Dept.Memo.No:21073/123/PC-II/2009.dt:21-02-2009.                 
                                         &&&&
        I invite your kind attention to the subject cited, It is submitted that the JACTO,AP..HYDERABAD has represented for admittance of SPP II scale(second level promotion) in RPS 2010 to the category III teachers under the exemption clause for subsequent promotion as-envisaged in the service rules on crossing 50 years of age. In support, of the JACTO has referred the amended service rules for the post of Head Masters Grade-II issued in the Government orders referred to at reference 3rd to 6th cited.
              As per the said amended service Rules for the post of Head Master Grade-II at rule 7(iii)(a),all persons who have crossed 45 years of age shall be exempted from passing Departmental tests for promotion to the next higher category above the one held by him/her. and as per rule 7(iii)(b)all persons who have completed 50 years on the date of appointment to any post shall be exempted from passing the tests, it is submitted that the JACTO has referred the para 3(d)of the  G.O.Ms.No:93 Fin(PC-II) Dept.dt;03-04-2010 which reads as “where the service Rules are relaxed to enable regular promotions, they should be automatically extended to get the benefit under Automatic Advanced Scheme”.
             In this regard I have to state that, as per provision 3(d) under the Automatic Advancement Scheme in RPS-2010 issued in G.O.M.s NO.93 Fin(P.C-II) Department ,dt:03-04-2010 was considered under G.O Ms.No:225 General Administration(Ser.c)Dept.dt:18-05-1999  as referred at reference 14th cited in the G.O.As per G.O Ms.No:225 GAD. dt:18-05-1999  the exemption for passing Departmental tests for next promotion was allowed to those who have crossed 45 years of age .And it was also specified in the G.O that the persons who already got a promotion once where is no tests are prescribed for the higher post, the exemption is not applicable. Further it is submitted that in the Education service rules referred to above for the exemption from passing the Departmental tests to all persons who have crossed 45 years of age is extended only to ensure that every employee gets atleast one promotion during his entire service and this exemption shall be given only once in the entire service. where as the exemption under Rule7(iii)(b) is allowed to all persons who have completed 50 years on the date of appointment to any post. Further it is submitted that in the Government Memo 7th cited for the settlement of claims under Automatic Advancement Scheme in RPS 2005 under the provisions of Education service rules issued in G.O.Ms.No;95 Education(ser.1)Dept,dt:25-07-2005,it was categorically clarified that. the exemption of Departmental test on crossing 50 years of age is applicable to the Secondary Grade Teachers, school Assistant etc, to the employees who are selected by direct recruitment and gets initial appointment after 50 years of age.Therefore the question of exempting the Teacher who are recruited before attaining the age of 50 years for the purpose of appointing them to the special promotion post scaleII does not arise.
       In view of above it is presumed that allowing sppII scale under Automatic Advancement scheme under RPS 2010 to the Grade III teachers on crossing 50 years of age shall be second time exemption which is not admissible under the service rules on the same analogy adopted in the Govt memo 7th cited.
       Therefore it is requested for confirmation of the presumption submitted above for settlement of Automatic Advancement scale claims of teachers under RPS2010.


                                                      DIRECTOR OF TREASURIES& ACCOUNTS

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