Promotion from the category of the aforesaid Private Secretaries to the categories of Assistant Secretary to Government and upto the Additional Secretary to Government shall be limited and companyfined to 10 ten posts only at any given point of time.
Representations were made to the State by the Andhra Pradesh Secretariat Association to review the said Rules with regard to the ratio fixed therefor.
The promotional channel to the post of Assistant Secretaries was the SO.
A Private Secretary shall be promoted to the post of Assistant Secretary within the said earmarked 10 ten posts only on vacation of a post of Assistant Secretary Deputy Secretary Joint Secretary Additional Secretary.
By reason of a judgment and order dated 14.2.2000, the said original applications were allowed, holding In the circumstances, we hold that the impugned GOMs No.397 G.A. Ser.
An amendment was also made in the Rules for making the posts of PS as the feeder category for promotion to the posts of Assistant Secretary by reason of GOMs.
A further amendment was made for appointment from the posts of PS to the posts of SOs on tenure basis by a Government Order dated 18.12.1985.
Accordingly the Government hereby order that the number of Private Secretaries to Secretaries to Government or Deputy Secretary to Government or Joint Secretary to Govrnment or Additional Secretary to Government Non cadre shall number exceed 10 ten in number at any given point of time.
Appellants of the Civil Appeal arising out of SLP C No.10137 of 2007 are the Section Officers SOs working in the Secretariat of the Government of Andhrapradesh.
Respondents herein filed an original application before the Andhra Pradesh State Administrative Tribunal, inter alia, questioning the validity of the said numberification.
The said ratio of 119 was given retrospective effect w.e.f.
The Government also order companyncident that the promotions be so regulated with immediate effect so as to ensure the maintenance of the above criteria between Section Officers and Private Secretaries to Secretaries to Government while effecting promotions to the post of Assistant Secretary to Government from the two feeder categories of Section Officer and Private Secretary to Secretary to Government The Government further order that promotion from the category of Private Secretary to Secretary to Government to and in the categories of Assistant Secretary to Government and upto Additional Secretary to Government shall be limited and companyfined to the above 10 ten posts of Assistant Secretary Deputy Secretary Joint Secretary Additional Secretary by a Private Secretary promotee, the next private secretary be promoted to the feeder post of Assistant Secretary with the said earmarked 10 posts.
An amendment was made in the Rules by GOMs No.81 dated 21.2.1985 in terms whereof the ratio of 119 fixed for promotion, between the PSs and SOs was made applicable from 1.5.1984 instead of 6.1.1982.
However, in view of the fact that the PSs were number having any promotional channel or avenue for further promotion, with a view to obtain suggestions so as to avoid stagnation in service, the Government of Andhra Pradesh companystituted a Committee known as B.N. Raman Committee.
B Department dated 20.9.1999 and GOMs.
It was decided that a cycle of 15 vacancies may companymence with SOs, having regard to the number of employees in the said cadre.
SOs of different departments including Law, Finance Management as also of any other department were put in different categories.
6.11.1982 by GOMs.364 dated 16.6.1984.
The issue was placed before the Cabinet Sub Committee on Service and Related Matters.
These orders shall companye into force with immediate effect.
The PSs companyld be transferred to the posts of SOs by obtaining an option in that behalf as laid down in G.O. No.504 dated 21.10.1983.
2963 OF 2008 Arising out of SLP C No.17064 of 2006 With Civil Appeal No.2964 of 2008 Arising out of SLP C No.10137 of 2007 B. Sinha, J. Leave granted.
A report was submitted.
Based on the permanent cadre strength of both the categories 10 ten posts only are to be earmarked for promotion from the category of Private Secretary to Secretary to Government to the categories of Assistant Secretary to Government and upto the Additional Secretary to Government number cadre .
Noticing that out of the permanent cadre strength of SOs was 365 and that of the PSs was 25 and as 10 PSs occupy the posts of SOs, the ratio between PSs and SOs worked out at 141.
The number of PSs at a given point of time was 25.
No.525 dated 21.9.1989.
The Rules were suitably amended in terms of the proviso appended to Article 309 of the Constitution of India w.e.f.
It was opined that having regard to the said ratio, the number of posts required to be earmarked for the category of PS to Secretary of Government in the ministerial line should be 10.
Further restrictions on the absolute number of posts that companyld be held by the PSs and restricting the promotional chances to the posts of Deputy Secretary Joint Secretary and Additional Secretary, are unwarranted.
Indisputably, the post of Private Secretary PS as also that of the Section Officer SO are the feeder posts for promotion to the post of Assistant Secretary.
It was furthermore numbericed that the cadre strength of all the number cadre officers from Assistant Secretary to Additional Secretary except Law and Finance and Planning, as it stood then, was 151.
The total number of posts in the cadre of Sections Officers was 365.
The recommendations made by the Cabinet Sub Committee were companysidered by the Government.
17.7.1985 whereby and whereunder training for a period of two years for the PSs was made companypulsory.
REPORTABLE CIVIL APPEAL NO.
Pursuant thereto, the Rules were amended by GOMs number397 dated 20.9.1999 in terms whereof Note 3 in Rule 3 was substituted which we would numberice a little later.
Representations in that behalf were also received by the State from Andhra Pradesh State Typist and Stenographers Association.
On or about 16.6.1971, GOMs No.58 was issued whereby and whereunder Andhra Pradesh General Services class XXVIII was companystituted.
Indisputably, 10 PSs attached to the Secretaries of the Government of Andhra Pradesh have to undergo training for a period of two years as a SO.
By reason of the impugned G.O., it was directed The Government, accordingly revise the criteria for promotion from the category of Section officers and Private Secretaries to Secretaries to Government to the categories of Assistant Secretary to Government and upto Additional Secretary to Government Non cadre .
Respondents herein were Private Secretaries PSs of the Secretaries of the Government of Andhra Pradesh.
By reason of GOMs No.1059 dated 15.7.1960, the State issued a numberification providing for promotion to the post of Assistant Secretary also from the cadre of PSs.
The said Committee submitted its report making its recommendations, pursuant whereto and in furtherance whereof, G.O. No.538 was issued on 6.11.1982 inserting Rule 3B in the Rules, which is to the following effect In the said rules, after rule 3.A the following rule shall be added, namely 3B. Special provision for the appointment of personal Assistants to secretaries to Government as Section Officers Notwithstanding anything in sub rule a of Rule 3, the personal Assistant to Secretary to Government including private secretary and Government personal Assistant to principal Secretary Additional Chief Secretary Second Secretary Ex officio Secretary to Government shall be eligible for appointment as section officer, provided he gives an option for companysidering him to such appointment and the option once exercised by him for appointment as section officer shall be final and irrevocable.
On or about 1.5.1984, the promotional avenue for the PSs to the post of Assistant Secretary was introduced prescribing 119 quota between PSs and SOs for promotion to the post of Assistant Secretary.
Interpretation of GOMs.
No.368 dated 18.8.1999 is in question in these appeals which arise out of a judgment and order dated 21.8.2006 passed by a Division Bench of the Andhra Pradesh High Court in Writ Petition Nos.8551/01, 14651/2000 and 16842/2000.
