Sl.No Name of the individual Place of working
1 2 3
1 N.Annapurna West Godavari
2 L. Ajay Kumar Srikakulam
3 A.V.S.R. Anjaneyulu Head Office
4 Y.U.Bhaskar Rao Head Office
5 B. Chandra Sekharaiah Guntur
6 Ch. Durga Prasad Head Office
7 N.Gopal Rao Head Office
8 M.Gangaram Adilabad
9 P.Harishankar Rao Kurnool
10 B. Jagga Rao Visakhapatnam
11 S.V.Kameshwari Mahabub Nagar
12 A.Khader Basha Kadapa
13 K.Kumar Ram babu Head Office
14 N.Lakshmi Kantham Hyderabad
15 N.Mohan Rao West Godavari
16 V.V.R. Murthy Nalgonda
17 B. Mohan Rao Srikakulam
18 F.B.Morris Vizianagaram
19 C.Narayan Reddy Medak
20 P.R.Narasinga Rao Medak
21 A.Narsinga Rao Head Office
22 N. Nagadatta Head Office
23 V.V.L.D Prasad West Godavari
24 Ch.Pratap Rao Head Office
25 K.Prabhakar Nalgonda
26 K.V.J. Prasad Srikakulam
27 V.S.S. Prasad Nalgonda
28 K. Prasad Kadapa
29 G.Ravi Kumar Kurnool
30 M.Rama Murthy Khammam
31 N. Ramesh Kumar East Godavari
32 K.V. Ramna Murthy Head Office
33 T.Sri Ramulu Kadapa
34 Md.S.Shareef East Godavari
35 A.Suresh Babu Head Office
36 M.Srinivas Prasad Head Office
37 D.Sarojini Devi Ranga Reddy
38 K.Sai Durga Prasad Rao Visakhapatnam
39 P.Satya Narayana Head Office
40 P.V. Sagar Ragiv Swagruha Corp.
41 K.D.Srinivasa Rao Guntur
42 K.Venkateswar Rao Head Office
OBJECTIONS RECEIVED ON PROVISIONAL SENIORITY LIST OF JR.ASSISTANTs, TYPISTs, JR.STENOs (1994) AND REMARKS
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
1. Y.U. Bhaskara Rao The individual has submitted that Corporation has already communicated state wide final Seniority of Sr. Assistants during the year 1998
2. A.Suresh Babu vide proceedings 1st cited basing on the objections raised by many of the employees. In accordance to the Seniority list approved and
3. D.Sarojini Devi communicated, he was also promoted to the category of Assistant Manager during May 2000 and again to the category of Manager from
4. M. Srinivas Prasad Assistant Manager during April 2006. As on date they have already completed (3) years of service as Manager and at this juncture again
N.Anna Purna communicating Seniority list in the category of Sr. Assistant after a gap of (11) years is highly objectionable and not tenable.
5. N. Mohan Rao
6. L.Ajay Kumar
S.V.Kameswari
7. N. Lakshmi Kantham As gone through the Seniority list they have observed that the seniority fixed to the following 92) employees of Visakhapatnam District in
8. M.Ganga Ram the category of Sr. Assistant is highly objectionable and depriving of legitimate rights.
1. Sri. P. R. Narasinga Rao 2. Sri. K. Kumar Ram babu.
A.Narasinga Rao
9.
The said two employees were initally appointed in the Corporation as Junior Assistants on daily wages and were regularized with effect
10. from 01.01.1985 in terms of G.O.Ms No. 217 SW(N) Department, Dated : 31.12.1984. At District level they were extended temporary
11 time scale irregularly even before issue of regularization orders by the Govt., The matter was also examined at Head Office and felt that
since the orders issued at District level are not covered by any Government Order the regularization of the said two employees was
considered with effect from 01.01.1985 on par with all temporary employees working in APSHCL at that time. In the final Seniority list
they should be fixed at appropriate place among the employees regularized in terms of G.O., duly considering their initial date of entry
into the Corporation for arriving final Seniority. The said issue were also examined at Head Office while finalizing seniority during the
year 1998.
and accordingly their seniority was fixed at appropriate place and communicated to all the individuals. To rectify the anomaly the H.O
while finalizing seniority has also extended notional seniority to 24 senior employees on par with Sri. K. Kumar Rambabu. The said two
individuals has also not filed any objection and accepted the final list of seniority of Sr. Assistants was again communicated in the year
1998. To my utter dismay with out any reference to the finalized list Seniority of Sr. Assistants, provisional Seniority list of Sr. Assistants
was again communicated duly fixing seniroity of Sri. P. R. Narasinga rao at Sl. No. 3 and Sri. K. Kumar Rambabu at Sl.No. 12. As per the
prevailing Govt., guidelines and rules in force their seniority should be fixed at Sl. No.20 and Sl. No. 30 as approved and communicated
in the proceedings 1st cited.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
In this connection I submit that with reference to the proceedings 3rd cited, along with certain other employees one common objection was
filed citing the relevant facts of the case with a request to re-examine the case with relevant records and documents. Further in the final
Seniroity list of Junior Assistants communicated vide Proceedings 3rd cited, the justification for changes effected was also not indicated
in spite of our specific objcetion. The Corporation has communciated provisional seniroity list of Sr. Assistants with out properly
examining the facts and relevant guidelines.
He has requested the Management to examine the issue of the said two individuals and set right the anomaly duly fixing their seniority at
appropriate place i.e. at SL.No. (20) & (30) respectively.
12 Ch. Pratap Rao The individual has submitted that Corporation has already communicated state wide final Seniority of Sr. Assistants during the year 1998
vide proceedings 1st cited basing on the objections raised by many of the employees. In accordance to the Seniority list approved and
communicated, he was also promoted to the category of Assistant Manager during May 2000 and again to the category of Manager from
Assistant Manager during April 2006. As on date they have already completed (3) years of service as Manager and at this juncture again
communicating Seniority list in the category of Sr. Assistant after a gap of (11) years is highly objectionable and not tenable.
As gone through the Seniority list they have observed that the seniority fixed to the following 92) employees of Visakhapatnam District in
the category of Sr. Assistant is highly objectionable and depriving of legitimate rights.
1. Sri. P. R. Narasinga Rao 2. Sri. K. Kumar Ram babu.
Further he submit that he was initially appointed by the Managing Director APSHCL, Hyderabad as Junior Assistant and working in the
Corporation with effect from 28.06.1982. His services were regularized in terms of G.O.Ms. No. 217 SW(N) Department, Dated :
31.12.1984 along with the said (2) individuals. Subsequently He was promoted to the category of Sr. Assistnat at East Godavari District
vide Proceedings No. 750/85/H/Estt, Dated : 10.05.1986 of the District Collector, East Godavari district, Kakinada. At that time as per the
delgation of powers, the M.D., APSHCL is the competent authority to consider promotion to the category of Sr. Assistants.
In View of the above the District Collector, Kakinada has requested for ratification of promotion orders. The Head office has initially
issued directions for reversion to the categoryof Junior Assistants to take into consideration of such claims similarly placed in other
Districts. However on further examination and review of the matter the M.D., APSHCL vide Proceedings No. A2/7549/90, Dated :
14.12.1991 has issued orders duly restroing my senioirty in the category of Sr. Assistants with effect from 10.05.1986.
In this connection he further submit that even though the orders issued in respect of the said two individuals was not ratified by Head
Office, their seniroity was considered as per the orders issued at District level. In my case my promotion orders issued at District level
with effect from 10.05.1986 are ratified by Head Office and issed orders for restoration of my seniority. In spite of the ratification orders
he has been deprived of the same benefit as was extended to the above 92) individuals.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
13 P.R. Narasinga Rao In view of the above facts he has requested to re-examine his case and refix his seniority in the category of sr. Assistant duly taking into
consideration the date of promotion as Sr. Assistant i.e. with effect from 10.05.1986 and oblige.
1.He is submitted that in the above seniority list, his name was placed at Rank No. 3 but his date of promotion as Senior Assistant was
erroneously shown as 01-01-1987.
A copy of the Service Book enclosed herewith. His date of promotion as Senior Assistant is 16-12-1985. The same was recorded in his
Service Book by the then Dist. Manager (H), Visakhapatnam. Therefore, he requested kindly to change my date of promotion as 16-
12-1985 in the cadre of Senior Assistant in the Final Seniority List.
2. His qualification was mentioned as M.Com. But he has completed his Master degree in Business Administration (Finance ) during
1993-96 through Andhra Univerisity, Viskahapatnam. The same was recorded in his service Book. Copy of the extract is enclosed for
kind perusal. The qualification was also entered in the earlier Seniroity list of Senior Assistants published in 2003. In view of the above he
has requested that his qualification of M.B.A. may kindly be included in the Final Seniority List of Senior Assistants.
14 K.Kumar Rambabu Objection No.1 : His name was shown at Sl.No.12, duly showing his date of promotion as 01.01.1987, with a reason that many employees
were regularized as on 01.01.1985 as per GO.Ms.No.217 Dt : 31.12.1984. This is not correct in my case. According to GO. Ms.No.217,
the services of NMRs who are working as Jr. Assistants as on 30.06.1983 can be regularized with effect from 01.01.1985. But, in
his case, he was appointed as Jr. Assistant on regular time scale with effect from 01.07.1983 itself vide proceedings Rc.No.36/83
SHC Dt.16.07.1983 of the Collector/ Executive Director, APSHCL, Visakhapatnam. (copy enclosed), received
annul grade increments as on 01.07.1984 and 01.07.1985 and subsequently promoted as Senior Assistant on regular time scale
with effect from 16.12.1985 and posted in regular vacancy vide proceedings Rc. No. 83/84 (SHC) Dt. 16.12.1985 of the collector/
Executive Director, APSHCL, Visakhapatnam.(copy enclosed). the same was recorded at page No.6 of my Service Register (
Vol.1). So, his case cannot be linked with GO.Ms.No.217 to consider under 01.01.1985. Hence, his date of promotion as Senior
Assistant shall be taken as 16.12.1985 and be placed at Sl.No.3 in the proposed provisional seniority list of senior Assistants.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
In this connection, he further submit that basing on the above facts, in the year 1990, state- wide seniority list of Senior Assistants was
prepared and communicated vide reference first cited, duly following Rule 22 of AP State Housing Corporation Limited Employees
Service Rules 1989 and Rules 33 of AP State and sub-ordinate Rules, in which his name was placed at SL.No.5 (copy enclosed). But,
the same is neither finalized nor cancelled and not even shown as reference in further notices and proceedings issued by the Managing
Director.
If required, Managing Director may kindly permit me to explain the above said genuine objection in person.
Objection No.2 : He has acquired further qualification of M.A., in Eng.Litt., from Andhra University during Feb 1996 (copy
enclosed ). The same was recorded at page No.9 of my Service Register (Vol.2). Later, he has acquired further qualifications like
IRPM., BMBA., and HRD. Though he made several representation, his qualification is being shown as B.Sc.,
In view of the injustice caused to him, he humbly request the Managing Director, APSHCL, Hyderabad to consider his genuine
objections as explained above and arrange to place his name at Sl.No.3 duly showing correct qualifications in provisional seniority
list in the cadre of Senior Assistants.
A.V.S.R.Anjaneyulu He submit that the SL.Nos 3 and 12 S/Sri. P.R. Narasinga rao and Kumar Rambabu services were regularized as per G.O. Ms. No. 217
SW(N) Department Dated : 31.12.1984 in the cadre of Typist/ Junior Assistant. Prior to their regularization He was joined as typist in the
APSHCL on the forenoon of 02.07.1984 on regular time scale as per G.O. Ms.No. 168 G.A (PEMB) Department dated : 16.03.1983.
Basing on their regularization the above (2) individual names were placed below his name in the final Seniotity list of Senior Assistants
vide reference 1st cited. Further the above 92) individuals have never questioned the final Seniority list of Senior Assistants even after
lapse of 10 years time, even if my name is above to the individuals.
Further he submitted that after completion of 10 years, the Office of the M.D., again communicated the provisional Seniority List of
Senior assistants and the above individual names were kept above my name in the provisional Seniority List of Senior Assistants. It is
highly objectionable for placing their names above his name in the provisional Seniority List of Senior Assistants.
Therefore he is requested delete the above (2) names in the Final Seniority List of Senior Assistants and his name may kindly be fixed
above them in the Seniority List of Senior Assistants, in the circumstances explained in the Para No (2) above.
16. N.Gopal Rao The individual has submitted that he has been filed my objections to the provisional seniority list of Jr. Assts. duly furnishing recorded
17. K. Prabhakar evidence in support of his objections. But the objections filed by me to the provisional seniority list of Jr. Assts. are not considered and
18. V.V.R. Murthy finalized seniority of Jr. Assts. The same was communicated
19. K.Venkateswara
20. Rao
P. Harishankar Rao He represented to review and revise the seniority list of Jr. Assts, since the objections filed by him are genuine, valid and having support
21. G. Ravi Kumar of sufficient documentary evidence.
22 C. Narayan Reddy Even after furnishing sufficient documentary evidence his objections are not considered and also not given the reasons for not
considering my objections.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
In this connection he wish to submit that initially he has been appointed as Jr. Asst – Accountant – Typist on 24-07-1985 by the Dist
Collector & Exe. Director, A.P.S.H.CL. Nalgonda vide reference 2nd cited. Subsequently, I was promoted as Sr .Asst. with effect from 16-
10-1990 by the Dist Collector & Exe. Director, A.P.S.H.C.L. Nalgonda vide reference 3rd cited. Statewide provisional seniority list in the
cadre of Sr. Assts. was prepared and communicated by the Managing Director, A.P.S.H.C.L, Hyderabad, vide reference 4th cited, duly
following the rule 22 of A.P.S.H.C.L., employees Rules, 1989 and Rule 33 of A.P. State subordinate service Rules. In the provisional
seniority list of Sr. Assistant issued in the year 1990 his name was placed at S.No.32. But the provisional seniority list in the cadre of Sr.
Assts. was neither finalized nor cancelled, and not even shown as reference in the subsequent notices and proceedings issued by the
Managing Director, A.P.S.H.C.L., Hyderabad.
In this connection he has submitted that he got promotion as Sr. Assistants on 16-10-1990. In the provisional seniority list of Sr. Assts.,
communicated now his date of promotion as Sr. Asst. is shown as 01.6.1990. The actual date of promotion as Sr. Asst. in respect of all
other Senior Assts. mentioned in the provisional seniority list is also not correct.
All the 36 individuals shown have actually got promotion as Senior Assistants after 16.10.1990 on various dates as shown in the column
No.4 in his objection against each individual. Whereas he had been promoted as Senior Assistant on 16.10.1990. All those 36
individuals who got promotion as Sr. Asst. after 16.10.1190 were placed above his name in the provisional seniority list of Sr. Assts.,
without showing any ground which is highly objectionable.
While preparing the provisional seniority list of Sr. Assts. dt: 06.4.2009, the date of first appointment in the cadre of Jr. Assts. might have
been taken as criteria. As per Rule 33 of A.P. State & Subordinate Service Rules, 1996 the seniority of an employee in a particular cadre
is to
be fixed by taking the first appointment to such service, class, category or grade. But a uniform procedure is not followed to prepare the
provisional seniority list of Senior Assistants. For example Smt. D. Sarojini Devi to Smt. V. Prameela Rani (Sl.No.21 to 56 in the final
seniority of Jr. Assts.) 36 individuals services have been regularised in the cadre of Jr. Assistants w.e.f 01.01.85. But the same individuals
have been shown in the provisional seniority list of Sr. Assts. with different dates on promotion as Sr. Assistants i.e., Smt. D. Sarojini
Devi to M.S. Prasad (Sl.No.19 to 28 in provisional seniority list of Senior Assts.) were shown as Senior Assts. w.e.f 1.1.87. Sri. A.
Ramachandra Murthy to K.N. Ganesh Babu (Sl.No.29 to 35 in SA’s provisional list) were shown as S.A’s w.e.f 12.6.1989 to 24.5.1990.
Remaining 15 individuals from Sl.No.36 to 50 in provisional list of SA’s were shown as S.A’s w.e.f 01.6.1990. The reasons are not shown
for giving various dates as S.A’s to the individuals who had been working as Jr. Assts. on 01.1.1985.
The provisional Seniority List now communicated is not based on the Rules and regulations prescribed by APSHCL and Govt. from time
to time.
It seems that notional seniority has been given to some individuals, but there is no clarity in the seniority list regarding the basis taken for
fixing the notional seniority. Total 36 individuals have been placed above my name in the seniority list as discussed in the statement As
per Rule-26(d) of A.P. State and Subordinate Service Ruless, 1996 no appeal for restoration of seniority or assignment of notional
seniority on par with his junior shall be entertained by the appellate authority after a period of (90) days from the date on which junior was
promoted.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
Further he submitted that he got promotion as Senior Assistant on 16.10.1990, but the 36 individuals shown in the statement have been
promoted after 16.10.1990 to 19.9.1994. The individuals who got promotion as Senior Assistants after a period of more than three years
were shown as seniors to me. In this regard certain instructions were also issued for communication of seniroty list by the concerned
authorities. In some cases, the request is for revision of seniority in the lower
category in which the employee was appointed, one or two decades ago. The Apex Court in the judicial pronouncement in the year 1998
published in 2 SCC 523 and reported in the Hindu dated 11.7.1998 held that the request for revision of seniority after a lapse of
considerable period is not justifiable. After giving verdict by the Supreme Court of India the then M.D has issued seniority list of Senior
Assts. on 29.7.1998 giving notional seniority against to the Supreme Court directions. The seniority list of Sr. Assts. published on
29.7.1998 was challenged by me before the Hon’ble High Court. The Hon’ble High Court have set-a-side the seniority list published on
29.7.1998, directing to issue revised seniority list from the cadre of Jr. Assts. and subsequent cadres duly following the procedure, Rules
and Regulations meant for the purpose. But the provisional seniority list now issued vide ref. 10th cited is a true copy of the seniority list
published on 29.7.1998. There is no change in the notional senioritelaxation in respect of the qualification. ds to further legal
complications.
The Govt. of Andhra Pradesh in its circular Memo No.57759/Ser-A/2004-1, dt: 20.5.2004 have issued certain instructions to assign
notional seniority. The Govt. have directed that in dealing with the cases for fixing the seniority the procedure and the rules prescribed in
A.P. State and subordinate Service Rules or in Special Rules governing the post shall be followed. No request for revision of seniority for
a period which is more than (3) years old shall be considered. The seniority list in each category shall be communicated as and when the
employee completes the prescribed period of probation in the respective category
The above guide lines shall be followed to finalize the seniority in the cadre of Senior Asst. The actual date of promotion as Senior Asst.
shall be taken in to consideration for fixing the seniority besides considering the date of appointment in the feeder category. As per the
directions of Hon’ble Supreme Court and Govt. of A.P as envisaged above the individuals who got promotion in the year 1994 shall not be
considered for placing their names above my name in the seniority list of Senior Assistants, since he has been promoted as on
16.10.1990. There is a gap of (4) years after his promotion as Sr. Assistant. Hence their names shall be placed below his name in the
seniority list.
Further it is to submit that the then M.D/E.D had been particularly endorsed on the file of seniority list of Jr. Assts. in the year 1994 to
remove the names of certain persons from the list of Jr. Assts. The facts & connected records are not placed before the management.
Without removing the names of ineligible persons, the Jr. Assts. seniority was finalized. Based on impugned seniority list of Jr.
Assistants, the provisional seniority list of Senior Assistants is communicated. It is a act that as a result of judgement in W.P.No.s
34150/1998 and 36367/1998, the action has been taken for finalization of seniority right from the cadre of Jr. Asst. from 1994. As per the
directions of the Hon’ble Court, the said action of finalizing the seniority list of Jr. Assts. and subsequent cadres shall be taken up based
on the Service Rules of 1984 and subsequently issued. The APSHCL Service Rules, 1984 are very clearly indicates that the qualification
of graduation in any discipline is essential to appoint as Jr. Assts. Neither the Boad of APSHCL nor the Govt. have given relaxation
exempting to appoint the non-graduates in the post of Jr. Asst.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
If any relaxation is given to the qualification prescribed for the post of Jr. Asst., it should be in the form of orders either by the
Government or proceedings by the Board of APSHCL, duly passing amendment to the Service Rules of 1984. It is also fact that so far no
such amendments are made to the Service Rules of 1984 in respect of the minimum qualification prescribed for appointment as Jr. Asst.
Right from the year 1984 to 1998 the qualification of graduation in any discipline is insisted.
As per APSHCL Service Rules, 1984 and subsequently issued one should posses a Bachelors Degree in any discipline for appointment as
Jr. Assistant. But while preparing the seniority in the cadre of Sr. Assistants the Rule regarding possessing of prescribed qualification was
overlooked and not observed. The individuals shown below who are not possessing a Bachelors Degree was shown in the provisional
seniority list of Sr. Assistants above my name which is contrary to the rules.
Further he submitted that the Prl. Secy to Govt., Housing Dept. has conducted a review meeting on service matters on 22.12.1998. While
communicating the Minutes of the meeting held with Prl. Secretary to Govt., Housing Department on 22.12.1998 the Government have
opined that the Degree qualification was insisted upon right from the beginning for Junior Asst/Typists and equivalent posts (copy
enclosed). However the employees were regularized in the cadre of Jr. Assts. in the Districts as well as in the Head Office, in view of their
long standing right from 1983. This cannot give a right to them for promotion to the successive higher cadres.
In the beginning those Junior Assts. who were not having requisite qualification were not promoted as Sr. Assts. in the year 1991 when
the promotions were taken up. Again in the year 1994 the then Managing Director without referring the matter to the Board or to the
Government had given promotions to those Junior Assts. not having Degree qualification as Sr. Assts. The original Seniority of those
individuals was resorted in the cadre of senior Assts. The Govt. in Housing Department have clearly stated in the minutes dt: 22-12.1998
that relaxation of educational qualifications should not be given. Even if given, it should be by the competent authority Viz., the
Government on resolution by the Board”. But the above procedure was not followed. The individuals not having requisite qualification
were given chance twice both at the time of regularization of their services as Junior Assistants and again promotion to the cadre of Senior
Assistants. The Prl. Secretary to Government in Housing Department have elaxation in respect of the qualification. ds to further legal
complications.ucher and remained there unti
without insisting for Degree qualification requires review and directed to take necessary action and to furnish a report to the Government
after review of such cases. But the issue was not reviewed so far and the individuals those who are not having requisite qualification are
being continued in the list of Sr. Assts. Now the names of those individuals are included in the provisional seniority list which is highly
objectionable. A separate list of under graduates in the cadre of Sr. Assistants should be maintained as is being maintained in case of
Diploma Engineers and graduate Engineers.
These cases of Non-graduate Senior Assistants should be reviewed as desired by the Government. The individuals, who got promotion as
Sr. Assistant without relaxation of educational qualifications should not be given seniority with retrospective effect. Their seniority
should be fixed by taking the date of acquiring the requisite qualification of graduation, since they were already given chance twice as
stated above. Giving notional seniority with effect from 1.6.1990 will become another chance to them which is highly irregular and
objectionable. Hence, the seniority of Non-graduate Sr. Assistants should be taken from the actual date of acquiring minimum requisite
qualification of degree instead of giving retrospective effect and assigning notional seniority.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
Further he submit that Sri D.P. Margarette was initially appointed as Record. Assistant on daily wages on 23.9.1983 in Visakhapatnam
District. She was promoted as Jr. Asst. with effect from 18.3.1985 and subsequently promoted as Sr. Assistant with effect from
21.6.1990. But thee is no sanctioned post of Record Assistants in District office. Her appointment as Record Assistant in District office
at Visakhapatnam is itself irregular. It is surprising to state that she was promoted as Jr. Assistant within a period of 1 ½ year from the
post of Record Assistant. As per comprehensive service rules vide G.O.Ms.No.33 dt. 26.5.1998 one should put up a minimum of (3)
three years of service as Record Assistant to get promotion as Sr. Assistant. As per new service rules her promotion as Jr. Asst. is also
irregular. Then after one should put up a minimum of 5 years service in the cadre of Jr. Asst. to get promotion as Sr. Asst. Thus the
seniority of Sri. D.P. Margaratte should be effected in September, 1991 (Septsts. Neither the Boad of APSHCL nor the Govt. have given
relaxation exempting to app
Hence placing here name at Sl.No.47 above me in the seniority list of Sr. Assistants is against the rules which is highly objectionable. In
view of the above Sri. D.P. Margarette should be placed below my name at appropriate position in the seniority list of Sr. Asst
In view of the injustice caused to me, he has requested the Managing Director, A.P.S.H.C.L., Hyderabad to kindly consider my genuine
objections. Noted below in brief.
1. To fixup Seniority at Sl.No.27 or in the appropriate place deemed fit by placing the individuals below me in the seniority list of Sr.
Asst, who got promotion as S.As., after 1.06.1990 and to whom the notional seniority was assigned without any justification. In this
regard the directions of Hon’ble Supreme Court and the circular instructions issued by Govt., of A.P (No.57759/Ser-A/2004-1 & 2, dt:
20.5.2004) may kindly be followed.
1. The original seniority resorted to the Non-Graduates should be reviewed as desired by the Prl. Secy. to the Government in Housing
Department by giving seniority in the cadre of Sr. Assts. from their actual date of acquiring the minimum requisite qualification of
graduation. In this regard the circulars, orders issued by Govt. of A.P. latest Lr.No.54737/U&IAY-A2/2005-7, dt: 09.1.2009 may kindly
be followed.
2. The seniority of Smt. D.P. Margarette and all others who had been initially appointed as Record Assts., Xerox operators and blue print
operators on NMR/daily wages basis should be reviewed with reference to Service Rules 1984 and subsequently issued since their
regularization in subsequent cadres is illegal and orbitrary.
23 M. Radha Krishna He further submitted that the District Collector such vide ref. 4th cited was pleased to submit a proposal to the Managing Director to
regularize my services with effect from 01.01.1988 as Jr. Accountant ( copy enclosed ) and on clarification of the Managing Director (H)
(copy enclosed ) the District Manager has regularized my services as Jr. Accountant in the time scale Rs. 1100-40-1500-50-2050 ( copy
enclosed ) with effect from 01.06.1990.
As required 01.01.1988 to 31.05.1990 on consolidated Salary of Rs.800/- as Jr. Accountant equivalent to Sr. Asst.
From : 01.06.1990 Jr. Accountant Time Scale Rs. 1100-40-1500-50-2050 Sr. Assistant time Scale Sr. Assistant fixation to be
made after Sl.No.35.
In view of the above submitted facts, he submit that his seniority to be fixed from 01.06.1990 instead of 31.07.1992. His seniority is to be
fixed after S.No.35 i.e. before Mrs. V.Adilaxmi.
He therefore requested to may kindly be arrange to fix up my seniority after S.No.35 in the light of the facts submitted supra.
He also request that the qualification of M.Ed. My also be ordered to be added in addition to M.Com. Stated against my name in the
seniority list (Photostat copy of M.Ed. Certificate enclosed ) for the purpose.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
24 K. Sai Dura Prasad Rao He K. Sai Durga Prasad Rao, Assistnat Manager of A.P.State Housing Coporation Ltd., Visakhapatnam respectfully, liturgy submit my
objection again as called for in the reference 1st cited. Regarding the Seniority in the cadre of Senior Assistants in the provisional
seniority list as on 1998 vide notice dated 06.04.2009.
In this connection, he humbly submit that he was appointed by the District Collector/ ED., APSHCL,Visakhapatnam as Junior Assistnat in
the time scale as on 18-04-1984. Further with regards to Seniority in the cadre of Junior Assistant he have severely submitted his
representations to the Managing Director, APSHCL, Hyderabad for justification.
The clear documentary avidence on the basis of objection raised are enclosed for ready reference as instructed. (Necessary orders of the
Housing Department letter No. dated 28-05-1999 & the Principal Secretor to the Government & proceedings of the Managing Director,
A.P.State Housing Corporation Ltd. Hyderabad vide procds No. A3/1566/99/Dt. 31-08-1999 and the service register Xerox copies
enclosed for appointment of Junior Assistant in the time sclae as on 18-04-1984.)
His date of birth is 03-02-1952 and his superannuation is February 2010. His juniors who are in the list of Junior Assistants are been
promoted as Manager earlier. Hence he once again requested to the benevolent Managing Director and invoke my prayer (claims ) may
kindly be examined in consonance on prinicipal of natural justice and facts apprised and requested for favourable consideration at this
juncture and he may be given notional seniority in the cadre of Senior Assistant 01-01-1987 on wards and accordingly my seniority may
be refixed in the cadre of Junior Assistant at seril No.8 and subsuquntly refixed accordingly., thus comes to his help at the end of his
service, for which act of kindness, he shall be ever remain grateful to you sir.
25 A. Khader Basha He submit that he was actually promoted as Senior Assistant on 10.09.1990 A.N. and my Probation in the Cadre of Senior Assistant was
declared w.e.f. 09.09.1991 and there after he was promoted as Assistant Manager on 24.06.2008 and since 25.06.2008 he has been
working as Assistant Manager. It is necesary to submit that in July, 1990, the Managing Director, A.P. State Housing Corporation Ltd.,
Hyderabad, has issued a Circular No. A2/3263/90, dt. 24.07.1990, giving instructions to all the Collectors and Executive Directors to
consider promotions of such Junior Assistants to the posts of Senior Assistants who are hard working and efficient. As he was qualified
and efficient, he was promoted as Senior Assistant on 10.09.1990 and he have been working without any break and as such he am entitled
to Seniority in the cadre of Senior Assistant w.e.f the date from which he have been working as Senior Assistant. While so in the reference
1st cited the Managing Director, APSHCL., Hyderabad, has issued a Provisional State wide Seniority List in the cadre of Senior Assistant
giving notional dates of Seniority to 52 Nos of my Juniors with dates anterior to promotion as Senior Assistant for which he filed my
objections.
He further submit that when the 52 persons of my Juniors in the cadre of Senior Assistant were promoted as Senior Assistants
subsequently to my promotion as Senior Assistant were sought to be given seniority retrospectively on the basis of a decision taken to treat
the entire State as a Single Unit, such seniority given should not effect the persons who were already promoted and they should be treated
as Seniors. As he have been promoted in my District much earlier than the above persons, he should be shown as Senior to the persons
who were promoted later. he submit that as many as 52 persons have been given seniority over and above him.
He further submit that till the year 1993, that the Presidential Order applied to the employees of Our Corporation while he was appointed
and was working in his district and the persons who were working in Head Office, Hyderabad were treated as a separate unit and
promoted int he year 1990 directly on the basis of merit i.e. hard working and efficient.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
He further submit that in the reference 2nd cited the Managing Director, APSHCL., Hyderabad, has communicated State wide Provisional
Seniority List of Senior Assistants on 06.11.1990 wherein his Seniority No. was shown at 28. And in the Proceedings 3 rd State wide Final
Seniority List of Senior Assistants has been communiated on 29.07.1998 giving Notional Seniority as per G.O.Ms. No. 354, General
Admn.(Ser.A) Dept. Dt.04.05.1990, wherein my seniority No. was shown at 89 and again in the refernce 1st cited State wide Provisional
Seniority List of Senior Assistants has been commuicated as per the Hon'ble High Court Judgment dt. 09.04.2008 in WPNo.34150/1998
and 36367/1998, wherein his seniority no. is shown at 84. In this connection, he submit that a period of more than 18 1/2 Years i.e, from
the dae of my promotion as Senior Assistant i.e, from 10.09.1990 was passed.
He further submit that in the A.P.State and Subordinate Service Rules, it is provided to submit a representation for revision of seniority
within a period of 90 days from the date of publication of seniority list. In this context, the Judicial Pronouncement, the Supreme Court of
India ruling on Seniority in Service matters published in the Hindu dt. 11.07.1998 has been reported in (1988) 2 SCC 523 held that the
request for revision of Seniority after a lapse of considerable period i snot jusifiable." Keeping this in view instructions have been issued
in the matter in the Cir. Memo No. 57759/ Ser. A/ 2004-1, and -2 dt. 20.05.2004 of Govt. of Andhra Pradesh, General Administration
(Ser. A) dept. held that not to re-open the settled seniority. The Govt. direct that in dealing with the cases for fixing the seniority the
procedure and the rules prescribed in A.P. State & Subordinate Service Rules or Special Rules governing the post shall be followed. No
request for revision of seniority for a period which is more than 3 years old shall be considered. The Government Pleaders dealing with
Service Matters are requested to bring legal position as laid down by the Supreme
Court of India before A.P. Administrative Tribunal / High Court of A.P. whenever Seniority issues are taken up and oppose the cases of
revision of settled seniority based on teh Apex Court Judgment.
He further submit that in view of the facts explained above giving notional seniority to the above his juniors in the cadre of Senior
Assistants on 29.07.1998 i.e. after publishing Supreme Court of India ruling on seniority in service matter in the Hindu dated 11.07.1998
has been reported in (1998) 2 SCC 523 and after lapse of a period of nearly 8 years old up to 1998 and more than 18 1/2 years old up to as
on date from the date of his promotion as Senior Assistant i.e. from 10.09.1990, is not justifiable as it was mentioned in Cir. Memo. No.
57759/ Ser. A/ 2004-1 and -2 dt. 20.05.2004 of the Govt. of Andhra Pradesh, General Admn. (Ser.A) Dept. that "No request for revision
of seniority for a period which is more than 3 years old should be considered".
Hence, he has requested that the above notional seniority in the cadre of Senior Assistants may be cancelled and a fresh Seniority List may
be prepared basing on the actual date of promotion as Senior Assistants and my seniority may be fixed accordingly. For which act of
kindness he shall ever be grateful to you sir, Since the seniority i.e. the cadre of Senior Assistants published on 29.07.1998 is set - a- side
by the Hon'ble High Court in the WPNO.34150/1998 and in teh WPNo.36367/1998.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
Further he submit that he hae acquired the higher qualification of MBA (Master of Business Administration ) Course in Second Class in
December, 2007 from the Alagappa University, Karaikudi, in Tamilnadu State, with Register No. 043176751 under Distance Education
Stream. The attested copies of Statement of Marks and Provisional Certificate were also submitted to the Managing Director, A.P.State
Housing Corporation Ltd., Hyderabad,, vide in Lr. Rc. No. A/2150/2008/APSHCL/Estt, dt. 16.06.2008 of the Superintending Engineer,
APSHCL., Kadapa District, However, the attested copies of Statement of Marks, Provisional Certificate and Post Graduate Degree of
MBA are enclosed herewith for your ready reference.
Hence, he requested that the aforesaid his higher qualification i.e. MBA Course may be added against his name in the Seniority List
besides permission to the superintending Engineer, APSHCL., Kadapa, to enter the same in his Service Register.
26 P. Satyanarayana He submit that he was promoted as Senior Assistant vide Procd. No. A3/7272/96-3, dt. 08.06.1999 of the Managing Director,
A.P.S.Housing Corporation ltd., Hyderabad.
27. Ch. Durga Prasad Further he submit that he was considered notional promotion in the cadre of Senior Assistant w.e.f 31.07.1992 on par with my juniors and
28. N. Nagadatta issued orders vide Procds. No. A3/6382/2004, dt. 22.11.2005 of the Managing Director, A.P.S.Housing Corporation Ltd., Hyderabad. But
29. Md. S. Shareef my name was not shown in the provisional seniority list of Senior Assistants communicated vide reference cited.
V.V.L.D Prasad He therefore request that his name must be shown at the proper place in the seniority of list Senior Assistants duly taking into
30. K.V.Ramana consideration the date of promotion as 31.7.1992, since the provisional seniority list was prepared by the Head Office duly taking into
31 Murthy consideration the dates of notional promotion and communicated vide reference cited.
32 K. Prasad He submit that his name was in Sl. No.96. The objecions made by him was not considered. He was senior most of Smt. K. Somavathi
(Sl.No. 54). He was to be placed in Sl.No.53, as he was appointed on 08.07.1983. But Smt. Somavathi (Sl.No. 54) has appointed in the
month of October, 1983. In the seniority list shown Sl.No.89 but actually the seniority has shown Sl.No.47 as per the seniority list of
senior Assistant communicated by the M.D., Vide Procd No. A3/14293/2000, dt : 10.01.2003 the Sl.No. is 38 which was shown in Smt.
K.Somavathi name above. In view of the above place his name at Sl.No.47 in the cadre of Senior Assistant
33. B.Mohana Rao He submit that he have initially appointed as "Direct Senior Assistant" under work experience Programme duly following the Recruitment
34. K.V.J.Prasad Procedure on par with Assistant Engineers duly sponsored from the District Employment Exchange, Srikakulam on consolidated pay of
Rs. 800/- per month in proceedings No. 185/86/E/HC/dt.15.10.1986 of the District Collector, Srikakulam and his name was placed at
Sl.No. 7 in the provisional Seniority list of Senior Assistants communicated in Notice No. A2/192/90 dt. 06.11.1990 of the Managing
Director, APSHCL, Hyderabad. The above reference copies are herein appended for kind perusal.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
b) He further submit that his name was placed in the Provisional integrated Seniority list in the cadre of Jr. Assts for Senior Assistants
communicated in Notice No. A2/1050/1994 dt. 12/04/1994 of the M.D., APSHCL., Hyderabad and his name was placed at Sl.No. 99 and
mentioned as Direct Senior Assistant by noting that his date of regularization is 01.06.1990. ( The reference copy is herein appended). In
this connection, I submit that inresponse to the Notice No. A3/11728/208/dt.09.01.2009 of the M.D., APSHCL., Hyderabad and
considering his Representation, the Managing Director, APSHCL., Hyderabad has issued orders while deleting his name from the
Statewide seniority listo of Junior Assitants in Proceedings No. A3/11728/2008/Dt.01.04.2009 of the MD., APSHCL., Hyderabad since he
was initially appointed as Direct Senior Assistant.
c) Further, he submit that his services were regularized in the cadre of Senior Assistant w.e.f. 01.06.1990 in terms of G.O.Rt.No.303, dt.
09.09.2005 of the Housing Department, Govt.of A.P., Hyderabad and in proceedings No. A3/3380/05/dt. 4.7.2006 of the MD., APSHCL.,
Hyderabad. ( The reference copies are herein appended).
d) In this connection, he further submit that it is informed by the MD., APSHCL., Hyderabad in Memo No. A3/3380/2005/dt. 11.3.2008
that his name was placed at Sl.No.82/A in the Statewide Seniority list of Senior Assistants communicated in Proceedings No.
A3/14293/2003/dt.10.01.2003 interms of G.O.Rtc.No.303, Dt. 9.9.2005 of the Housing Department, Govt. of AP., Hyderabad. ( The Two
references are appended).
e) Further, he submit that he have promoted as Assistant Manager in proceedings No.A3/1457/2007/dt.24.06.2008 of the MD., APSHCL.,
Hyderabad duly considering the Seniority as Sl.No. 82/A and at present he is working in Srikakulam District as Assistant Manager (H). (
The reference copy is herein appended).
In this connection, he beg to submit that he have initially appointed as Senior Assistant in the sanctioned post under Work experience
Programme on par with Assistant Engineers duly sponsored from the District Employment Exchange and qualified in both written and
oral tests. The Govt. in G.O.Rt.No.99 dt. 03.04.1999 of Housing (U& IAY) Dept., Govt.of AP., Hyderabad has issued orders by
regularizing his services in the cadre of Senior Assistant in prospective manner and later, the Govt. have issued orders for regularization
of his services with effect from 01.06.1990 in G.O.Rt.No. 303, dt.9.9.2005 of the Housing Department, Govt. of Andhra Pradesh,
Hyderabad with all consequential benefits accrued thereon. The G.O. Copies are herein appended for kind perusal.
He, further submit that he have initially appointed as Direct Senior Assistant recruited by the District Collector, Srikakulam and from the
date of appointed i.e., 22.10.1986, he have discharged the duties of Senior Assistant in the sanctioned post. In this connection, it is
submitted that as seen from the provisional seniority list of Senior Assistants communicated in Rc.No.A2/192/90/dt.6.11.1990 only 33
No.of Senior Assistants were workied as Senior Assistants as on 6.11.1990 in the state and out of which his name was placed at Sl.No.7
considering my date of appointment (18.10.1986) as Direct Senior Assistant. If at all my seniorty would be considered based on my date
of regularization of his services as Direct Senior Assistant i.e., 1.06.1990, his name would have been placed at Sl.No.19/A i.e., (1) Sri L.
Ajaykumar (2) Sri p. Chandrasekhara Rao (3) Smt. D.P.Margaret (4) A.Ramachandra Murthy (5) Y. Saileela (6) V. Ganapati (7) V.
Vajrayya (8) T. Subramanya Sastry (9) N. Satyanarayana (10) P. Harisankara Rao (11) A. Khadeera basha (12) p. Sreeramulu (13) K.
Prabhakar (14) V.V.R. Murthy (15) N. Gopalarao, (16) k.Venkateswara Rao were promoted as Asst Managers/ Managers and his case was
ignored.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
He, further submit that earlier, a seniorty list of Senior Assistants communicated in Proceedings No. A3/6119/96/dt.31.1.98 of the M.D.,
APSHCL., Hyderabad and his name was placed at Sl.No.95 duly considering the date of his regularization of service as Senior Assistant
i.e., 1.6.1990 and the date of appointment as Direct Senior Asst. shown as 18.10.1986 instead of placing his name at Sl.No. 38(A) i.e.,
after Sri K. Ganesh Babu Sl.No. 37 and moreover, at about 58 No.of Senior Assistants were given Notional Seniority on par with his date
of Regularisation i.e, 01.06.1990 and placed their names on the top of his name placed even though, they were not rendered the duties in
the cadre of senior Assistant as on 1.6.1990 and ultimately made injustice to me while fixing of his seniority without following the norms
of the Govt. in fixing of Seniority without following the norms of the Govt. in fixing of Seniority to the Direct Recruitees and as such, he
put in loss of 2 promotions and consequential benefits. As a result, his juniors 1. D. Sarojinidevi Sl.No. 39 2. Sri P. V. Sagar 3. p.R.
Narasinga Rao 4. Y. Suseela 5. S.V. Kameswari 6. A. Narasing Rao 7. Y.U. Bhaskara Rao 8. M.S. Prasad 9. N. Mohan
10. B. Nagaraja Reddy. 11. M. Gangaram 12. M. Arun Kumar 13. N. Satyanarayana Rao 14. n. Hemachandra Reddy have got two
promotions and they are working as Mangers even though, they were juniors to me in the cadre of Senior Assistants. But, he have recently
promoted as Assistant Manager during June, 2008 on par with my most juniors who were not at all discharged the duties of Senior
Assistant even at the time of his date of regularization i.e., 1.6.1990.
Further, he submit that infact, his services would have been regularized on par with Assistant Engineers who were also recruited under
Work Experience Programme like me in terms of G.O.Ms.No.182, dt. 13.11.1991 with effect from 1.1.1988 and allowed monitory benefit
from 13.11.91. but, due to non submission of proposals for regularization of his services interms of G.O.Ms.No.182, dt. 13.11.1991 bythe
Managing Director, APSHCL., Hyderabad to the Govt. his case was ignored by the Govt, at that time and the same matter was also
discussed in G.O. Rt.No.99, dt. 03.04.1999 of the Housing Department, Govt.of AP., Hyderabad. As such, he put in loss of 2 years and 5
months of regular service due to non-submission of proposals to the Govt. by the MD., APSHCL., Hyderabad.
He, further submit that the Govt. in G.O.Rt.No.333, dt. 9.9.2005 of the Housing (U& IAY)Department have issued orders for
regularization of his services as Direct Senior Assistant from 1.6.1990 with all consequential benefits accrued theron and based on these
orders the M.D., APSHCL., Hyderabad has informed that his name was placed at sl.No.82/A in the State wide Seniority list of Senior
Assistants instead of placing his name at Sl.No. 25 A i.e., after sri K. Ganesh Babu who was promoted as Senior Assistant from Junior
Assistant on 24.05.1990 i.e., before the date of his regularization of service i.e., 1.6.1990 in teh statewide Seniority list of Senior
Assistants in proceedings No. A3/14293/2000/dt.10.1.2003 of the MD., APSHCL., Hyderabad.
In this connection, it is submitted that the notional seniority inrespect of Sri S. Ravindar, Karimnagar district ha been fixed as 1.6.1990
while taking the date of his regularization in the cadre of Senior Assistant and placed him at Sl.No.47 even though he was originally
promoted as Senior Assistant on 15.6.1992 and n the similar way at about 48 candidates i.e., from Sri S. Ravindar, Karimnagar to Sri P.
Jabbarkhan, Adilabad who was actually promoted as Senior Assistant on 23.2.1991 were given notional seniority and placed them in the
top of his name without giving priority to his for placing his name at the top of the above 48 candidates considering the norms of Direct
Recruitees since he have initially appointed as Direct Senior assistant by following the Recruitment procedure in the state wide seniority
list of Senior Assts. In Proceedings No. A3/14293/2000/dt. 10.1.2003 of the M.D., APSHCL., Hyderabad.
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
He, therefore, request the Hon'ble Managing director, A.P.State Housing Corporation Ltd., Hyderabad to kindly arrange to re-fix his
seniority considering his date of initial appointment in the cadre of Direct Senior Assistant i.e., 18.10.1986 and to consider his date
Regularisaton in the cadre of Direct Senior Assistant i.e., 1.06.1990 in terms of G.O. Rt. No. 303, dt. 9.9.2005 of the Housing (U & IAY )
Department, Govt. of AP., Hyderabad. He also humbly request to arrange to place his name at Sl.No.36 i.e., after Sri K.N Ganesh Babu
Sl.No.35 which is deemed to be fit as per the Norms and kindly arrange to issue orders for consequential benefits thereon since he have
put in loss of 2 promotions sofar. In this connection, he submit hereunder the Documentary Evidences in support to the above. a)
G.O.rt.No.303, dt. 9.9.2005 of the Housing (U&IAY) Department, Govt., of A.P>, Hyderabad - date of Regularisation in the cadre of
Direct Senior Assistan is 1-06-1990. b) Date of promotion from Jr. Assistant cadre to Senior Assistant of Sri K.N.Ganesh Babu is
24.05.1990. C0 Proceedings No. A3/11728/2008/dt.01.04.2009 of the Managing Director, APSHCL., Hyderabad
( Deletion of his name from the Statewide Seniority list of Jr. Assistants considering his name as Direct Senior Assistant on par with Sri
M. Arun Kumar).
d) Memo No. A3/3380/2005/dt.11.3.2008 of the Managing Director, APSHCL., Hyderabad informing that his name was placed at
Sl.No.82/B (After Sri P. Jabbarkhan Sl.No.82, Sri B. Mohana rao Sl.No. 82(A) in the Statewide Seniority list of Senior Assistants
communciated in Proceedings No. A3/14293/2003/dt.10.1.2003 interms of G.O. Rtc.No.303, Dt.9.9.2005 of the Housing Department,
Govt.of AP., Hyderabad
This is submitted for favour of kind information and he solicit favourable and early action in this matter.
35 V.S.S.Prasad He submit that he was promoted as Senior Assistant on 07.07.1994 vide procds. Rc.No. B1/1243/89, Dt: 07.07.1994 of the District
Collector, Nalgonda. Subsequently he has sanctions 8 years special grade post as on 10.07.2002 Vide Lr.Rc.No.
1204/APSHCL/AAS/F11/2005-06, dt : 26.06.06 of the ED, APSHCL., Hyderabad. He has requested to include his name the
Provisional Seniority Assistants at Sl.No. 132.
36 F.B.Morris He submit that as Jr.Assistant the date considered 18.04.1984/01.01.1985 by Govt. of A.P.Hyd., wide Lr.No.2125/U & IAY/A2/99-1,
DT.28.05.1999 and as per Notice Rc.No.A3/6877/98, Dt.07.11.2000 of the MD., APSHCL., Hyderabad.
Further he submitted that for 01.01.1985 batch of Jr. Assistants., though they were promoted as Sr.Assistants during the years
1990&1992, NOTIONAL date was given to them by the MD., APSHCL., Hyderabad.as Sr, Assistants is 01.01.1987.
He was actuall promoted as Sr.Assistant on 27.12.1989 . Regularization and probation was also declared in the Cadre of Sr.Assistant
w.e.f., 27.12.1989. but as per the proposal sent to the Govt., by the MD., APSHCL.Hyd . The date given to him as Sr. Assistant eroniously
is 01.06.1990.
Further he submit that his name should be placed between Sl.No. 16 & 17 in the cadre of Sr. Assistants by giving notional date is
01.01.1987.
37 B.Chandrasekharaiah He submit that, he joined as Office Assistant on 01.11.1983 on retrenched Employer on consolidate pay appointed by the District
Collector & Executive Director , APSHCL ., Ranga Reddy District sponsored through District Employment Exchange. Thereafter the
Managing Director, APSHCL., Hyderabad through Progs. Rc.No.A/WSHP/385/83, dt. 01.04.1985 appointed me as Junior Assistant in the
time sclae of 42-10-455-15-650 and he was appointed as Junior Assistant with effect from 01.04.1985 on Regular basis.
Later the commencement of probation in the cadre of Junior Assistant for orders by the District Collector, Ranga Reddy district on
01.04.1985 and 19.04.1987 respectively
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
Subsequently, he was promoted as Senior Assistant on 26.05.1991 as per Progs. Rc.No.A1/281/89, dt., 23.03.1991 of the Managing
Director, APSHCL., Hyderabad.
As could be verified the Seniority list commenced vide ref.cited, he was pleased at Sl.No. 54 of the Seniority list.
Since his declaration of probation in the cadre of Junior Assistant order on 19.04.1987. he would have been placed at No. 29 below. The
name of Sri M.S. Prasad who is seniority is assigned as S.No. 28.
He, therefore requested that the objections was raised above may kindly be taken in to consideration and committed orders refixing his
seniority placing him at Sl.No. 29 instead of 54
38 K.D.Srinivasa Rao He Submit that he was promoted as Senior Assistant on 07.07.1994 vide procds. Rc.No.B1/1243/89, Dt : 07.07.1994 of the District
Collector, Nalgonda. Subsequently he have already sanctioned 8 years special grade post as on 10.07.2002 vide Lr.Rc.No.
1204/APSHCL/AAS/F11/2005-06, dt.26.06.06.
He requested to include his name in the Provisional Seniority list of Senior Assistants at Sl.No. 131.
39 P.V.Sagar He submit that as seen from the final seniority list of Jr.Assts, it is revealed that case wise objections received on the communicated
provisional seniority list of Jr.Assts were not reviewed with reference to the APSHCL service rules in force.
The Govt., in G.O.Ms.No.217 SW(N) Dept., dated 21.12.1984 have issued orders for regularization of services of daily wage employees
and directed to regularize the services duly following the Service Rules of corporation strictly. As per the rules, minimum requisite
qualification to the post of Junior Assistant was "BACHELOR"S DEGREE COURSE " in respect 1. OCS - degree second division. 2.
BCS - Degree Passed and 3. SC & STs - Intermediate pass.
He was possessed B.Sc with First Division in the year 1983. Accordingly his services have been regularized in the cadre of Junior
Assistants with effect from 01.01.1985 through District Collector, R.R.District Proceedings No. A/WSHP/385/83,Dt : 10.05.1985
In view of the above , he further submit that the list of some of the candidates, who are shown at above his name were juniors and their
services were not regularized w.e.t.01.01.1985 due to not acquired requisite qualification as per the services rules. The name of those
Juniors were placed at above his name, which is highly objectionable.
Sri P.R. Narasinga rao (Sl.No. 3 ) and Smt N. Jayasri Devi (S.No.50 were unauthorized absence from duty prolonged absence without
leave have to be treated as DIES - NON.
In respect of Sri P.R. Narsinga Rao, He submit that he left the organization without prior permission and without leave for a period of
more than five years. Under FR 18 rule 5A of A.P. leave rules 1933 that Government servant who has willful absence from duty not
covered grant of any leave and treated as DIES - NON for all the purposes.
He, further bring to your kind notice that Managing Director, APSHCL, Hyd., in Lr No. 7587/APSHC/Estt/87-A dated : 08.09.1987 and
Lr. No. A2/7549/90 dated 25.02.1992 directed to the District Manager (Housing ) Ranga Reddy and Visakhapatnam for reverting the
following Senior Assistants as Junior Assistants
1.Smt N. Jayasridevi - Ranga Reddy district
2.Sri P.R. Narsing Rao - Visakhapatnam
3. Sri K.K. Ram Babu - Visakhapatnam
Sl.No Seniority Name
Gist of Objection
. No. Smt. / Sri.
1 2 3 4
And also, submit that Govt. Memo No. 9101-4/8/FR-1/91(Finance FR-1) Dept., dated 25.12.1991 and G.O.Ms.No.260 G.A (Ser- C )
Dept., Dated 04.09.2003 have issued orders that "unauthorized Absence from duty for a period of one year of an employee shall be
imposed penalty of Removal from service duly following due procedures under APCS (CC & A) Rules. In instance case deviated all the
procedures and promotion given to him in the cadre of Assistant manager and Manager and also placed his name in the seniority list at
above his name, instead of initaling disciplinary action as per APCS (CC&A) Rules.
As per the service rules for promotion to the post of Senior Assistants was "BACHELORS DEGREE WITH SECOND DIVISION AND
COMPLETION OF TWO YEARS SERVICE AS JUNIOR ASSISTANT. I possessed B.Sc, with first division and completed 2 years
service in the cadre of Junior Assistant. As per elfigibility he was promoted as senior assistant w.e.f 12.06.1989 by the District Collector,
R.R.District. based on the directions of MD., APSHCL vide Lr.No. 539/APSHC/Estt/1987-A1 dated : 30.1.1987.
Finally he has requested to examine the following points
1. Seniority of Senior Assistants to be considered based on the APSHCL service rules inforce, and eliminate the ineligible candidates from
the final seniority.
2. In respect of Sri P.R. Narsing Rao and Smt. M. Jaysri Devi, both cases be re-examined with Govt. Memo No. 9101-4/8/FR-1/91 (Fin -
FRI )Dept., dated 25.12.1991 with G.O.ms.No.260 G.A.(Ser-C-Dept., dated 04.09.2003 and also MD Lr. No. A2/7549/90 dated
25.02.1992.
3. In final seniority list above fact may be considered as per service rules and his name to be included at appropriate place at Serial No. 3
int eh final seniroity duly eliminating juniors at above my name.
4. Every time he is filling objections on the communicated seniority list. But ignoring his seniority. So please consider my request at this
point.
40 B.Jagga Rao In this provisional seniority list, Sri Y. Vasantha Rao was placed at Sl.No. 148 taking into criteria of his orginial date of joining as Junior
Assistant on 27.01.1990 as per Procgs.No.153/90-E/Dt.23.01.1990. But in the final seniority list, he was crept to Sl.No. 78 for which
facility his date of joining was revised to 02.09.1985 is totally; illegal and contrary to the directions of the Hon'ble High Court. There
might be similar anomalies were occurred in the other Districts. Hence the final seniority list of JAs is not correct and needs rectification
forthwith as per Hon'ble High Court judgement Dt. 09.04.2008 in W.P.No.34150/1998 and 36367/1998. Otherwise, his seniority has to be
revised appropriately revising his date of joining in the cadre of JAs as 18.04.1984 on par with Sri K. Sai Durga Prasada Rao (
Provisional Sl.No. 8 in the cadre of JAs). Kindly refer my objections filed in the ref.2nd cited.
May be treated as part and parcel to this objection. 1. He submit that when the date of promotion is similar to other employees, the
seriatim has to be decided / ranked taking into criteria of alphabetical order of 'surname' or ascending to descending order of date of birth'.
2. The employees of other Departments absorbed in the Corporation without issuing notice to the Corporation employees shall be ranked
below the seniority of Corporation employees. 3. His earlier objection submitted in the ref.2nd cited may kindly be referred as part and
parcel to this objection.
Further he requested to revising the date of joining in the initial cadre of Junior Assistant of 02.09.1985 as 18.04.1984 as was revised the
date of joining of Sri Y. Vasantha Rao from 27.01.1990 to 02.09.1985 though he was not actually rendered duty as Junior Assistant from
02.09.1985 to 26.01.1990.
41 P. Sree Ramulu He requested to record his additional qualification B.L. three years Degree examination passed during the year November 1996 from S.V.
University and the same was entered at Page No. 5 of his Service Register and requested to record his qualification in the seniority list of
Senior Assistant
OBJECTIONS RECEIVED ON PROVISIONAL SENIORITY LIST OF ASSISTANT MANAGER
Name
Senio
Sl. No Gist of Objection
rity No. Smt.
/ Sri.
1 2 3 4
1 16 AVSR He submit that he passed MA
Anjaneyu through Madurai Kamaraj University
lu Head during the month of April 2000. He
office received the original certificate in the
month February 2001. Soon after receipt
of original certificate requested the MD in
February 2001 for his promotion as
Asst.Manager. The Corporation addressed
to the Controller of the examination in the
March 2001 for genuineness of certificate
and genuineness certificate is also received.
Further he submited that govt.in
their Lr.No.423/RHI/99-1, dtd.10.12.1999
have clarified the case of A.Es promoted
from WI (Tech) that the person is eligible
to be considered for promotion to the
cadre of A.E only from the date of
acquisition of Diploma in Civil or
Mechanical Engineering. Further the
Government in G.O.Rt.No.52, Housing
(U&IAY) Dept., dtd.25.2.2009 has
clarified that NTWI as TWI be treated as
conversion from the date of acquiring
required technical qualification.
As per the FR 26(q) and
clarifications issue by Government in pre-
paras he had to be promoted with effect
from 22.4.2000 the day following the last
date of examination. But promotion were
given on 15.5.2000 by the Corporation.
Hence he has requested to consider his
case on par with his juniors who were
promoted on 15.5.2000
Further he submitted that in the
provisional Seniority list issued on
22.3.2005 his name was shown at
Sl.No.15 at tnat time the name of Sri P.R.
Narsing Rao not not take place in the
seniority list of A.Ms. He submitted a
representation on the said provisional
seniority list to give notional promotion
with retrospective from 15.5.2000 as he
has passed the requisite qualification in
April 2000. But his request not considered
by the MD stating that he not submitted
his educational qualification certificate at
the time of effecting promotions i.e. on
15.5.2000.
Further he submitted Sri P.R.
Narsing Rao were promoted as A.M with
effect from 24.6.2001 on notional basis by
exonerating the charge framed against
him, though he was promoted as A.M on
11.11.2005 his name was shown at Sl.No.
A4(A) above his name though he was
promoted as A.M on 17.2.2003 much
before his promotion as A.M taking into
account his notional promotion with effect
from 24.6.2001. The seniority fixed in the
lower cadre should always be maintained
for all future promotions as per rule 33 of
A.P. State & Subordinate Service Rules.
In view of the above he
requested to promote him as Assistant
Manager with effect from 15.5.2000 on
par with juniors between Sri M. Gangaram
Sl.No 8 and Smt D. Sarojini Devi Sl.No.9.
2 1 M. Arun He requested that his date or birth
Kumar may be changed as 15.08.1955 instead of
Head 15.08.1952 as already recorded in his
office service register as 15.08.1955.
3 30 D.P.Mar She has requested to fix her
gatte seniority at al.No.17 in between Sri AVSR
Visakhap Anjaneyulu, Sl.No.16 and Smt N.
atnam lakhmikantham, Sl.No.17 instead of
Sl.No.30 as her case considered as
promotion as A.M on par with 14 other
colleages with effect from 14.2.2008 vide
Proces.No.A3/2791/2006, dt.8.5.2009 as
per rule of reservation at roaster point 2
fixed for women SC candidate.
4 60 F.B. He submitted that as per the recent
Morris judgement of Madras High Court as Well
Visakhap as Supreme Court of India, the P.G.
atnam qualification acquired from 10+2 directly
with out having the minimum qualification
of degree is not at all valid. But as seen
from the provisional seniority list of A.Ms
nearly 7 employees who are actually SSC
and Intermediate qualiried persons who
acquired PG Degree directly without
having minimum qualification of degree
were placed above his name.
Further he requested to include his
B.L. degree aqualification in the seniority
list (SR copy enclosed) and also rectify his
place of work as Vizianagaram instead of
Visakhapatnam.
5 72 K.Sai He submitted that as per the recent
Durga judgement of Madras High Court as Well
Prasad as Supreme Court of India, the P.G.
Visakhap qualification acquired from 10+2 directly
atnam with out having the minimum qualification
of degree is not at all valid. But as seen
from the provisional seniority list of A.Ms
nearly 7 employees who are actually SSC
and Intermediate qualiried persons who
acquired PG Degree directly without
having minimum qualification of degree
were placed above his name and he is
going to retire from service in the Feburary
2010.
6 99 S.Md. He requested to rectiry his qualification
Khasim shown as Inter but his qualifiation is B.A
Anantapu which is altered in the final seniority list of
r Seniority Assistant
7 121 P.Satyan He submitted that he was appointed
arayana as TWI on consoldiated pay by the District
Head Collector on 17.2.1985.
Office
Further he was appointed as Jr.Asst
on daily wages vide Procds.No.2262/86-C,
dt.11.9.1986 by the DM, W.G.Dist
Further he was appointed as Sr.Asst
on consolidated pay vide
Procds.No.361/85/C, dt.3.12.1986 by the
Dist.Collector, W.G.Dist in the existing
vacancy, the District Collector was placed
in time scale of pay as Jr.Asst. with effect
from 1.1.1990 stating that three posts in
district office and one post of Sr.Assistant
in the office of the DEE (H), Kovvur were
down graded as Jr.Assistants as on
economy measure. Thus it was clear that it
was post vacant that was down graded but
not his appointment as Senior Assistant.
Further he submitted that Sri KVJ
Prasad and B. Mohan Rao of Srikakulam
was appointed on consolidated pay like
him are working as Sr.Assistants in the
district and their services were regularized
as Sr.Assistant with effect from 1.6.1990
by the DM, Srikakulam.
But his representation was not
considered and he approached the Hon'ble
High Court and High Court issued orders
in W.P.No.5754 of 1994 directing the
respondents to consider the representation
made by him and pass appropriate orders
in accordance with rules within twelve
weeks.
Vide Procds.No.Rc.No.1178/94C,
dt.12.9.1994 fo the District Collector,
W.G. District stated that the request of Sri
P. Satyanarayana, Jr.Asst claiming
seniority for Sr.Asst post is rejected and
his claim that his seniority shall be
considered for the post of Sr.Asst on the
gound that two incumbents of Srikakulam
district were regularised as Sr.Assts is not
tenable on the ground that the APSHCL,
Hyderabad has already issued isntructions
for reversion of the two incumbents of
Srikakulam district. He he is not entitled
for claiming seniority for Sr.Asst post in
accordance with the rules of the
Corporation.
Again he submitted a representation
to consider his case on par with the above
individuals with effect from 1.1.1990 as
Sr.Asst. Vide Memo No.A3/15670/99, dt
7.12.1999 informed that as per the
G.O.Rt.No.99, Housing (U&IAY) Dept
dtd 3.4.99 the seniority of Sr. B. Mohan
Rao and Sri KVJ Prasad in the post of
Senior Assistants is to be refixed with
effect from 3.4.1990 being the date of
regularisation of their services instead of
1.6.1990 again he was promoted as Sr.Asst
with effect from 8.6.1999 and issued
notional promotion with effect from
31.7.1992 on par with his juniors
In view of the above he has
requested to consider his representation as
Sr.Asst with effect from 1.6.1990 and to
restore his seniority in the cadre of Sr.Asst
and as well as A.M on par with above two
A.Ms of Srikakulam district.
8 91 N.Sanjee He submitted that Sri M. Mohan
vaiah Rao & KVJ Prasad names was fixed in the
Warangal seniority list at Sl.No.80, 81 seniority
given from the date of promotion i.e.
24.6.2008 as A.M instead of reposting
orders i.e. 4.11.2008.
In view of the above he requested
to revise their seniority after Sl.No.95 in
the seniority list of Asst.Manager.
9 50 P. Sree He submitted that he was at
Ramulu Sl.No.50 in the provisional list of A.M and
Kadapa at Sl.No.58 in the final list of Sr.Asst. but
the Sl.No.60 Sri D. Ramulu, Sl.No.89, Sri
K. Prasad in the list of Sr.Asst were kept
before, where they are juniors to him in the
cadre of Sr.Asst according to the final
seniority list of Sr.Assistants. But their
names shown in the provisional seniority
list of A.Ms at Sl.No.36 Sri D. Ramulu
and Sl.No.38 K. Prasad and his name
shown at Sl.No.50 and it will be construed
that Sri D. Ramulu and Sri K. Prasad as
juniors to him. Hence the promotions as
Assistant Managers from the cadre of
Sr.Assts to him also extended on par with
his juniors.
10 73 A. He submitted that he was at
Khader Sl.No.50 in the provisional list of A.M and
Basha at Sl.No.58 in the final list of Sr.Asst. but
Kadapa the Sl.No.89, Sri K. Prasad in the list of
Sr.Asst were kept before, where they are
juniors to him in the cadre of Sr.Asst
according to the final seniority list of
Sr.Assistants. But their names shown in
the provisional seniority list of A.Ms at
Sl.No.38 K. Prasad and his name shown
at Sl.No.50 and it will be construed that
Sri K. Prasad as juniors to him. Hence the
promotions as Assistant Managers from
the cadre of Sr.Assts to him also extended
on par with his juniors.
11 42 S. He submitted that he acquired M.A.
Ravinder qualification from Madhya Pradesh Bhoj
University, Bhopal and register his
Karimna qualification in the SR on 6.11.2006 . At
gar the time of promotions in the cadre of
A.Ms in 2007 unfortunately his juniors
both Jr.Asst and Sr.Assts cadres have been
considered and promoted them ignoring
his name for consideration as
Asst.Manager along with them.
Subsequently he promoted as A.M in 2008.
In view the above he requested to
place his name in appropriate place i.e.
after Sri K. Bhanoji Rao, Sl.No.33 and
before Sri N. Srinivasa Rao Sl.No.34 in
the cadre of A.M.
12 13 81 80 KVJ They have submitted that the
Prasad Government in G.O.Ms.No.333,
dt.9.9.2005 have issued orders for
B.Mohan regularistion of their services as direct
Rao Senior Assistants with effect from
Srikakula 1.6.1990 with all consequential benefits
m acrued thereon and based on these orders
the M.D, APSHCL has informed that their
names was placed at Sl.No.82 A/B in the
Seniority list of Sr.Asst instead of placing
their names at Sl.No.25 A/B after K.
Ganesh Babu who was promoted as
Sr.Asst on 24.5.1990 i.e. before the date of
their regularisation of service i.e. 1.6.1990
Further he submitted that his juniors
at about 56 were placed at top of their
names due to non consideration of rules
applicable to the direct recruitees and also
without considering the orders issued in
Procds.No.A3/11728/2008, dt.1.4.2009
and considered their name on par with Sri
M. Arun Kumar and deleted his name
from the State Wide Seniority list of
Jr.Assistants and not even considered the
seniority as per Memop No.A3/3380/2005,
dt.11.3.2008.
Further they submitted their names
was placed at Sl.No.80,81 in the
provisional list of A.Ms instead of placing
their names at Sl.No.26 after K.N. Ganesh
Babu who was promoted as A.M on
17.2.2003. As a result he kept in loss of 5
years promotion benefits in the cadre of
A.M since he was appointed as AM on
24.6.2008.
In view of the above they requested
to refix their seniority considering their
date of initial appointment in the cadre of
direct Senior Assistant i.e. 22.10.1986 and
to consider the date of regularisation in the
cadre of direct Sr.Asst i.e. 1.6.1990 in
terms of G.O.Rt.No.303, dt.9.9.2005
14 15 56 54 N. They have submitted he representation
16 17 55 Gopal filed by them also not taken in to
18 57 Rao consideration and not even placed the
19 20 49 K.Prabhamatter before the Board, as was done in
75 kar case of the representations filed by Sri
48 Y.U. Bhaskar Rao and others Managers on
V.V.R.M the same subject.
urthy
K.Venkat
eshwar
Rao
P.Harish
ankar
Rao C.
Narayana
Reddy
G.Ravi
Kumar
In this context they like to submit
that main objection filed by them in the
cadre of Jr. Assistants is that the (18)
individuals, who are not possessing the
minimum requisite qualification of Degree
and continued in the list of Jr. Assistants
shall be deleted as per APSHCL Service
Rules, 1984 and as per the directions of
Hon’ble High court in WP. No.
34150/1998 and 36367/1998.
In this connection they like to
reiterate the facts which were already
brought in to the notice of MD., APSHCL.
1. The then M.D/E.D had been
particularly endorsed on the file of
seniority list of Jr. Assts. in the year 1994
to remove the names of certain persons
from the list of Jr. Assts. The facts &
connected records are not placed before
the management.
2. It is a fact that as a result of
judgement in W.P.No.s 34150/1998 and
36367/1998, the action has been taken for
finalisation of seniority in the cadre of Jr.
Asst. retrospectively from 1994.
3. The said action of finalising the
seniority list of Jr. Assts. should be taken
up based on the Service Rules of 1984 as
per the directions of the Hon’ble Court.
4. The APSHCL Service Rules, 1984
are very clearly indicates that the
qualification of graduation in any
discipline is essential to appoint as Jr.
Assts.
5. Neither the Board of APSHCL nor
the Govt. has given relaxation exempting
to appoint the non-graduates in the post of
Jr. Asst.
6. If any relaxation is given to the
qualification prescribed for the post of Jr.
Asst., it should be in the form of orders
either by the Government or proceedings
by the Board of APSHCL, duly passing
amendment to the Service Rules of 1984.
7. It is also fact that so far no such
amendments are made to the Service Rules
of 1984 in respect of the minimum
qualification prescribed for appointment as
Jr. Asst. It is an evidence that the
comments made by the Prl. Secretary to
Govt., in the minutes dated 22/12/1998
which was enclosed to my representation
dt: 10.2.09 (ref. 1st cited) to state that no
exemption or relaxation or amendments
are made to Service Rules, 1984.
8. To implement the true spirit of
G.O.No.217 dt: 31.12.1994, the proposals
of the M.D submitted to Govt. shall kindly
be examined based on which the said G.O.
was issued.
9. The names of (26) Non-graduate
employees shall be removed from the
seniority list of Junior Assistants to protect
the interest of eligible candidates and to
obey the orders of Hon’ble Court.
The Govt., in its Lr. No. 3009/RA-
1/92-1 dt 08.10.1992 have instructed to
take action as deemed fit since no
qualifications are prescribed in the Service
Rules of Corporation for promotion to the
category of Sr. Assts from the cadre of Jr.
Assts. Subsequently, the prl. Secretary to
Govt., Housing Department had stated
while communicating the minutes of the
meeting held on 22.12.1998 in the
presence of MD APSHCL that relaxation
of rules generally will be given only in
respect of age, and at the most, sponsoring
through employment exchange, but not in
any case Educational qualification.
Instructions were also issued by the prl.
Secretary to Govt., Housing Department to
review and revise the seniority of Sr. Asst.,
duly deleting the names of non-graduates.
Before to issuing the instructions on
22.12.1998, the Govt. have published
APSHCL Service Rules, 1998 vide G.O.
MS. No. 33 Msg(RM)Dept., dt 26.05.98.
In the said Service Rule at chapter – VIII
under General Clause of Application it
was clearly mentioned that not
withstanding anything contained in these
rules where any particular rule is fund
deficient and insufficient to meet the
requirements and demands of any situation
in the interpretation and application of
these rules, the Andhra Pradesh State and
Subordinate Service Rules, the
Fundamental Rules and other Govt. rules
issued from time to time shall be
applicable to remove and supplement to
the extent of deficiency or insufficiency of
the Andhra Pradesh State Housing
Corporation Service Rules. Even after
issuing specific instructions by the prl.
Secretary to Govt., Housing Department to
take action deemed fit in respect of non-
graduate employees, so far no action has
been taken either to place the matter
before the Board of APSHCL and to
obtain r
They felt that it is not out of place to
mention here regarding the relaxation
obtained from the Govt., duly following
the procedure for promotion to the post of
Managers form the feeder category of
Asst. Managers. “As per APSHCL Service
Rules, 1998 one should possess Post
Graduation/post graduation in commerce
to get promotion to the post Manager from
the post of Asst. Manager”.
The specific clause/Rule mentioned
in the APSHCL Service Rules, 1998 was
got amended vide G.O. Ms. No. 54
Housing (RH-1) Dept. dt. 16.08.2005 duly
passing a resolution by the BOARD of
APSHCL..
Keeping in view of the facts stated
above, the original seniority resorted to the
Non-graduates in the cadre of Jr. Assts and
Sr. Assts shall be reviewed as desired by
the prl. Secretary to Govt. in Housing
Department as per the APSHCL Service
Rules, 1984 and subsequently amended
and as per the Judgment in WP No’s
34150/1998 & 36367/1998. The seniority
in the cadre of Sr. Assts shall be given to
the incumbents from the date of acquiring
the minimum requisite qualification of
graduation in any discipline.
Regarding the second objection of
assigning notional seniority it is clarified
by the corporation that “the corporation is
a Autonomous Body and the Board is
having powers to modify any rules and
regulations of corporation in the interest of
the employees and public. As such the
Rule 26(d) of A.P. State Subordinate
Service Rules 1996 i.e., no appeal for
assignment of notional seniority on par
with juniors should be entertained after a
period of 90 days from the date of
promotion may not be applicable in this
case.
In this connection they would like
to submit that as per APSHCL service
Rules, 1998 chapter-I under preliminary &
definitions at serial No. 4 change or
alternation modification by way of an
amendment to these rules shall be made
with prior approval of the Board and
Government. Further at serial No. 6 of
chapter-I of APSHCL Service Rules, 1998
it was clearly mentioned that “not
withstanding any thing contained in these
Rules, the government shall have a general
power of superintendence and control over
the administration of the Corporation.
Exercise of such power and control shall
extend to giving general instructions and
directions to carry out the policies of the
Government both financial and
administrative, including the final
interpretation of the rules and such
instructions, directions and interpretations
are binding on the Corporation
Further in chapter VIII of APSHCL
Service Rules, 1998 under General Clause
of Applications it was mentioned that “not
withstanding anything contained in these
rules where any particular rule is fund
deficient and insufficient to meet the
requirements and demands of any situation
in the interpretation and application of
these rules, the Andhra Pradesh State and
Subordinate Service Rules, the
Fundamental Rules and other Govt. rules
issued from time to time shall be
applicable to remove and supplement to
the extent of deficiency or insufficiency of
the Andhra Pradesh State Housing
Corporation Service Rules. APSHCL
Service Rules.
The provisional seniority list in the
cadre of Asst. Managers prepared and
issued vide ref. 11th cited based on the
impunged seniority of Jr. Assts and Sr.
Assistants is not correct. Until and unless
revising the seniority in the cadre of Jr.
Assistants and Sr. Assist finalizing the
seniority in the cadre of Asst. Managers
will leads to another legal complication
After revising the seniority in the
cadre of Jr. Assts and Sr. Assts duly
deleting names of non-graduates and the
name of incumbents to whom notional
seniority was assigned, my name should be
placed at sl. No. 27 in the seniority list of
Asst. Managers
RITY LIST OF ASSISTANT MANAGERS AND REMARKS
Coommit
tee Final
Section Remarks
Recomm Orders
endation
5 6 7
His request for cosidering
promotion w.e.f. 15.05.2000 as
A.M. cannt be considered as the
initial request from him was given
during Feb, 2001 by which time the
promotions were already given duly
arriving at eligibility list of
candidates.
With regard to his
objection to place him above Sri.
P.R. Narsinga Rao, it is to mention
that orders of promotion of P.R.
Narsinga Rao were given w.e.f.
24.06.2001 notionally based on the
Govt. orders.
Accepted, Date of Birth will be
changed as 15.08.1955.
The individual is
requesting to consider her position
at S.No.(2) in the roster point and
accordingly place her in the same
position i.e S.No.(2). However,
her actual seniority position is the
last among the 2nd batch of A.M.
Promotees during 2003.
Hence her position will remain
the same.
However, in the next
promotion i.e. to Managers she will
be given the advanced position as
warranted by the roster.
In view of above, her present
request is rejected.
(i) The Individual's plea is
that the persons who have
completed their Master Degree
without going throgh the Bachelor's
Degree cannot be considered as
tbhere are no specific orders from
Govt. in this respect.
(ii) His request for adding the
B.L qualification will be considered
as the same was entered in the
service register.
(i) The Individual's plea is
that the persons who have
completed their Master Degree
without going throgh the Bachelor's
Degree cannot be considered as
tbhere are no specific orders from
Govt. in this respect.
His request to enter his
B.A.Degree in the seniority list is
accepted.
His request to consider
giving seniority on par with Sri. B.
Mohan Rao and K.V.J. Prasad
cannot be considered as the
seniority of these individuals was
given as per Govt. order No.99,
H(U & IAY) Dept. dated
03.04.1999
The request of the
individual cannot be considered as
the orders of retention were given
by H.O. proceeding
No.A3/9738/2008 dated 04.11.2008.
(i) The request of the
individual in respect of Sri. D.
Ramulu cannot be considered as D.
Ramulu belongs to S.C. and was
promoted earlier than the individual
under roster systems.
The objection of the
individual cannot be considered as
a disciplinary case and court case
was pending against him at the time
when N. Srinivasa Rao, S. Srinivas
and others were promoted.
Subsequently in 2008 he was given
promotion basing on the legal
opinion with condition that it is
subject to outcome of the court
case. Case is still pending.
His objection was already
considered and rejected while
finalising the Senior Assistant
Seniority list. Hence rejected.
Their objection was
already considered and rejected
while finalizing the Junior
Assistant / Senior Assistant
Seniority lists. Hence rejected.
OBJECTIONS RECEIVED ON PROVISIONAL SENIORITY LIST OF ASSISTANT MANAGERS AND REMARKS
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
1 16 AVSR Anjaneyulu He submit that he passed MA through Madurai Kamaraj His request for cosidering promotion w.e.f. 15.05.2000 as A.M. cannot
Head office University during the month of April 2000. He received the original be considered as the initial request from him was given during Feb, 2001 by
certificate in the month February 2001. Soon after receipt of original which time the promotions were already given duly arriving at eligibility list of
certificate requested the MD in February 2001 for his promotion as candidates. With
Asst.Manager. The Corporation addressed to the Controller of the regard to his objection to place him above Sri. P.R. Narsinga Rao, it is to
examination in the March 2001 for genuineness of certificate and mention that orders of promotion of P.R. Narsinga Rao were given w.e.f.
genuineness certificate is also received. 24.06.2001 notionally based on the Govt. orders.
Further he submited that govt.in their Lr.No.423/RHI/99-1,
dtd.10.12.1999 have clarified the case of A.Es promoted from WI (Tech)
that the person is eligible to be considered for promotion to the cadre of
A.E only from the date of acquisition of Diploma in Civil or Mechanical
Engineering. Further the Government in G.O.Rt.No.52, Housing
(U&IAY) Dept., dtd.25.2.2009 has clarified that NTWI as TWI be
treated as conversion from the date of acquiring required technical
qualification.
As per the FR 26(q) and clarifications issue by Government in pre-
paras he had to be promoted with effect from 22.4.2000 the day
following the last date of examination. But promotion were given on
15.5.2000 by the Corporation. Hence he has requested to consider his
case on par with his juniors who were promoted on 15.5.2000
Further he submitted that in the provisional Seniority list issued on
22.3.2005 his name was shown at Sl.No.15 at tnat time the name of Sri
P.R. Narsing Rao not not take place in the seniority list of A.Ms. He
submitted a representation on the said provisional seniority list to give
notional promotion with retrospective from 15.5.2000 as he has passed
the requisite qualification in April 2000. But his request not considered
by the MD stating that he not submitted his educational qualification
certificate at the time of effecting promotions i.e. on 15.5.2000.
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
Further he submitted Sri P.R. Narsing Rao were promoted as A.M with
effect from 24.6.2001 on notional basis by exonerating the charge
framed against him, though he was promoted as A.M on 11.11.2005 his
name was shown at Sl.No. A4(A) above his name though he was
promoted as A.M on 17.2.2003 much before his promotion as A.M
taking into account his notional promotion with effect from 24.6.2001.
The seniority fixed in the lower cadre should always be maintained for
all future promotions as per rule 33 of A.P. State & Subordinate Service
Rules.
In view of the above he requested to promote him as Assistant
Manager with effect from 15.5.2000 on par with juniors between Sri M.
Gangaram Sl.No 8 and Smt D. Sarojini Devi Sl.No.9.
2 1 M. Arun Kumar Head He requested that his date or birth may be changed as His case is considered for correction of date of birth in the Seniority list as per
office 15.08.1955 instead of 15.08.1952 as already recorded in his service entries in the S.R.
register as 15.08.1955.
3 30 D.P.Margatte She has requested to fix her seniority at al.No.17 in between Sri The individual is requesting to consider her position at S.No.(2) in the
Visakhapatnam AVSR Anjaneyulu, Sl.No.16 and Smt N. lakhmikantham, Sl.No.17 roster point and accordingly place her in the same position i.e S.No.(2).
instead of Sl.No.30 as her case considered as promotion as A.M on par However, her actual seniority position is the last among the 2nd batch of A.M.
with 14 other colleages with effect from 14.2.2008 vide Promotees during 2003. Hence her position will remain the same.
Proces.No.A3/2791/2006, dt.8.5.2009 as per rule of reservation at However, in the next promotion i.e. to Managers she will be given the advanced
roaster point 2 fixed for women SC candidate. position as warranted by the roster. In view
of above, her present request is rejected.
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
4 60 F.B. Morris He submitted that as per the recent judgement of Madras High He has not enclosed any judgement orders of Honble High Court of Madras and
Visakhapatnam Court as Well as Supreme Court of India, the P.G. qualification acquired Supreme Court of India wherein as he stated that the P.G. qualification
from 10+2 directly with out having the minimum qualification of degree acquiring from 10 + 2 directly without Dregree is not at all valid. There are no
is not at all valid. But as seen from the provisional seniority list of A.Ms specific orders from the Government. Hence rejected.
nearly 7 employees who are actually SSC and Intermediate qualiried
persons who acquired PG Degree directly without having minimum
qualification of degree were placed above his name.
Further he requested to include his B.L. degree aqualification in
the seniority list (SR copy enclosed) and also rectify his place of work as
Vizianagaram instead of Visakhapatnam.
5 72 K.Sai Durga Prasad He submitted that as per the recent judgement of Madras High He has not enclosed any judgement orders of Honble High Court of Madras and
Visakhapatnam Court as Well as Supreme Court of India, the P.G. qualification acquired Supreme Court of India wherein as he stated that the P.G. qualification
from 10+2 directly with out having the minimum qualification of degree acquiring from 10 + 2 directly without Dregree is not at all valid. There are no
is not at all valid. But as seen from the provisional seniority list of A.Ms specific orders from the Government. Hence rejected.
nearly 7 employees who are actually SSC and Intermediate qualiried
persons who acquired PG Degree directly without having minimum
qualification of degree were placed above his name and he is going to
retire from service in the Feburary 2010.
6 99 S.Md. Khasim He requested to rectiry his qualification shown as Inter but his His case is considered to mention the B.A. qualification and the same is
Anantapur qualifiation is B.A which is altered in the final seniority list of Seniority included in the Seniority list.
Assistant
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
7 121 P.Satyanarayana Head He submitted that he was appointed as TWI on consoldiated pay He was promoted as Asst. Mgr based on the Seniority list of Sr.Assts already
Office by the District Collector on 17.2.1985. finalised and communicated. As such, his request is rejected
Further he was appointed as Jr.Asst on daily wages vide
Procds.No.2262/86-C, dt.11.9.1986 by the DM, W.G.Dist
Further he was appointed as Sr.Asst on consolidated pay vide
Procds.No.361/85/C, dt.3.12.1986 by the Dist.Collector, W.G.Dist in the
existing vacancy, the District Collector was placed in time scale of pay
as Jr.Asst. with effect from 1.1.1990 stating that three posts in district
office and one post of Sr.Assistant in the office of the DEE (H), Kovvur
were down graded as Jr.Assistants as on economy measure. Thus it was
clear that it was post vacant that was down graded but not his
appointment as Senior Assistant.
Further he submitted that Sri KVJ Prasad and B. Mohan Rao of
Srikakulam was appointed on consolidated pay like him are working as
Sr.Assistants in the district and their services were regularized as
Sr.Assistant with effect from 1.6.1990 by the DM, Srikakulam.
But his representation was not considered and he approached the
Hon'ble High Court and High Court issued orders in W.P.No.5754 of
1994 directing the respondents to consider the representation made by
him and pass appropriate orders in accordance with rules within twelve
weeks.
Vide Procds.No.Rc.No.1178/94C, dt.12.9.1994 fo the District
Collector, W.G. District stated that the request of Sri P. Satyanarayana,
Jr.Asst claiming seniority for Sr.Asst post is rejected and his claim that
his seniority shall be considered for the post of Sr.Asst on the gound that
two incumbents of Srikakulam district were regularised as Sr.Assts is not
tenable on the ground that the APSHCL, Hyderabad has already issued
isntructions for reversion of the two incumbents of Srikakulam district.
He he is not entitled for claiming seniority for Sr.Asst post in accordance
with the rules of the Corporation.
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
Again he submitted a representation to consider his case on par with the
above individuals with effect from 1.1.1990 as Sr.Asst. Vide Memo
No.A3/15670/99, dt 7.12.1999 informed that as per the G.O.Rt.No.99,
Housing (U&IAY) Dept dtd 3.4.99 the seniority of Sr. B. Mohan Rao
and Sri KVJ Prasad in the post of Senior Assistants is to be refixed with
effect from 3.4.1990 being the date of regularisation of their services
instead of 1.6.1990 again he was promoted as Sr.Asst with effect from
8.6.1999 and issued notional promotion with effect from 31.7.1992 on
par with his juniors
In view of the above he has requested to consider his
representation as Sr.Asst with effect from 1.6.1990 and to restore his
seniority in the cadre of Sr.Asst and as well as A.M on par with above
two A.Ms of Srikakulam district.
8 91 N.Sanjeevaiah He submitted that Sri M. Mohan Rao & KVJ Prasad names was Sri. B.Mohan Rao and K.V.J.Prasad, Sr.Assts were promoted as Asst Mgrs on
Warangal fixed in the seniority list at Sl.No.80, 81 seniority given from the date of 24.06.08. They could not report duty as Asst. Mgrs in their respective posting
promotion i.e. 24.6.2008 as A.M instead of reposting orders i.e. places due to some administrative reasons. Subsequently orders are issued on
4.11.2008. 04.11.08 by the MD. Hence request is rejected.
In view of the above he requested to revise their seniority after
Sl.No.95 in the seniority list of Asst.Manager.
9 50 P. Sree Ramulu Kadapa He submitted that he was at Sl.No.50 in the provisional list of It is known that Sri. D.Ramulu belongs to SC. Though he is Junior to Sri.
A.M and at Sl.No.58 in the final list of Sr.Asst. but the Sl.No.60 Sri D. P.Sree Ramulu in the cadre of Sr.Assts, he is promoted earlier on 07.07.07
Ramulu, Sl.No.89, Sri K. Prasad in the list of Sr.Asst were kept before, than Sri. P.Sree Ramulu as per rule of reservation in the cadre of Asst. Mgrs.
where they are juniors to him in the cadre of Sr.Asst according to the As such, he is placed and shown above Sri. P.Sree Ramulu in th Seniority list
final seniority list of Sr.Assistants. But their names shown in the of Asst. Mgrs as per roster points. Further, Sri. K.Prasad (38) is Junior than
provisional seniority list of A.Ms at Sl.No.36 Sri D. Ramulu and Sri.P.Sree Ramulu (50) in the cadre of Sr.Assts. But he was promoted as Asst.
Sl.No.38 K. Prasad and his name shown at Sl.No.50 and it will be Mgr w.e.f. 05.01.08 whereas Sri. P.Sree Ramulu promoted as Asst. Mgr w.e.f
construed that Sri D. Ramulu and Sri K. Prasad as juniors to him. Hence 24.06.08. The case will be referred to the Govt.
the promotions as Assistant Managers from the cadre of Sr.Assts to him
also extended on par with his juniors.
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
10 73 A. Khader Basha He submitted that he was at Sl.No.50 in the provisional list of A.M and Sri. K.Prasad (89) is Junior to A.Khader Basha (84) in the cadre of Sr. Assts.
Kadapa at Sl.No.58 in the final list of Sr.Asst. but the Sl.No.89, Sri K. Prasad in But he was promoted as Asst. Mgr w.e.f. 05.01.08 whereas Sri. A.K.Basha (73)
the list of Sr.Asst were kept before, where they are juniors to him in the has been promoted as Asst Mgr w.e.f. 24.6.08. The case will be referred to the
cadre of Sr.Asst according to the final seniority list of Sr.Assistants. But Govt.
their names shown in the provisional seniority list of A.Ms at Sl.No.38
K. Prasad and his name shown at Sl.No.50 and it will be construed that
Sri K. Prasad as juniors to him. Hence the promotions as Assistant
Managers from the cadre of Sr.Assts to him also extended on par with
his juniors.
11 42 S. Ravinder He submitted that he acquired M.A. qualification from Madhya It is known that there is a court case pending against him. As such his case is
Karimnagar Pradesh Bhoj University, Bhopal and register his qualification in the SR not considered for promotion in 2007 alongwith his Juniors. Subsequently he
on 6.11.2006 . At the time of promotions in the cadre of A.Ms in 2007 was promoted as Asst. Mgr w.e.f. 24.6.08 subject to out come of pending court
unfortunately his juniors both Jr.Asst and Sr.Assts cadres have been orders. Hence rejected.
considered and promoted them ignoring his name for consideration as
Asst.Manager along with them. Subsequently he promoted as A.M in
2008.
In view the above he requested to place his name in appropriate
place i.e. after Sri K. Bhanoji Rao, Sl.No.33 and before Sri N. Srinivasa
Rao Sl.No.34 in the cadre of A.M.
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
12 81 80 KVJ Prasad They have submitted that the Government in G.O.Ms.No.333, They were promoted as Asst. Mgrs based on the Seniority list of Sr. Assts w.e.f.
13 B.Mohan Rao dt.9.9.2005 have issued orders for regularistion of their services as direct 24.06.08. Their previous request in the cadre of Sr. Assts was considered and
Srikakulam Senior Assistants with effect from 1.6.1990 with all consequential their date of promotion was shown as 01.06.90 instead of 03.04.93. Hence
benefits acrued thereon and based on these orders the M.D, APSHCL rejected.
has informed that their names was placed at Sl.No.82 A/B in the
Seniority list of Sr.Asst instead of placing their names at Sl.No.25 A/B
after K. Ganesh Babu who was promoted as Sr.Asst on 24.5.1990 i.e.
before the date of their regularisation of service i.e. 1.6.1990
Further he submitted that his juniors at about 56 were placed at top
of their names due to non consideration of rules applicable to the direct
recruitees and also without considering the orders issued in
Procds.No.A3/11728/2008, dt.1.4.2009 and considered their name on
par with Sri M. Arun Kumar and deleted his name from the State Wide
Seniority list of Jr.Assistants and not even considered the seniority as per
Memop No.A3/3380/2005, dt.11.3.2008.
Further they submitted their names was placed at Sl.No.80,81 in the
provisional list of A.Ms instead of placing their names at Sl.No.26 after
K.N. Ganesh Babu who was promoted as A.M on 17.2.2003. As a result
he kept in loss of 5 years promotion benefits in the cadre of A.M since
he was appointed as AM on 24.6.2008.
In view of the above they requested to refix their seniority considering
their date of initial appointment in the cadre of direct Senior Assistant
i.e. 22.10.1986 and to consider the date of regularisation in the cadre of
direct Sr.Asst i.e. 1.6.1990 in terms of G.O.Rt.No.303, dt.9.9.2005
14 56 54 N. Gopal Rao They have submitted he representation filed by them also not taken in These seven candidates already raised the same objections on communication
15 55 K.Prabhakar to consideration and not even placed the matter before the Board, as was of Seniority List of Sr.Assts. The Committee has already submitted its remarks
16 57 V.V.R.Murthy done in case of the representations filed by Sri Y.U. Bhaskar Rao and in the matter vide Note dated:16.05.2009. The same remarks are holds good in
17 49 K.Venkateshwar Rao others Managers on the same subject. this case also since they were promoted as Asst. Mgrs based on the Seniority
18 75 48 P.Harishankar Rao C. list of Sr. Assts. Hence rejected.
19 Narayana Reddy
20 G.Ravi Kumar
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
In this context they like to submit that main objection filed by
them in the cadre of Jr. Assistants is that the (18) individuals, who are
not possessing the minimum requisite qualification of Degree and
continued in the list of Jr. Assistants shall be deleted as per APSHCL
Service Rules, 1984 and as per the directions of Hon’ble High court in
WP. No. 34150/1998 and 36367/1998.
In this connection they like to reiterate the facts which were
already brought in to the notice of MD., APSHCL.
1. The then M.D/E.D had been particularly endorsed on the file of
seniority list of Jr. Assts. in the year 1994 to remove the names of certain
persons from the list of Jr. Assts. The facts & connected records are not
placed before the management.
2. It is a fact that as a result of judgement in W.P.No.s 34150/1998
and 36367/1998, the action has been taken for finalisation of seniority in
the cadre of Jr. Asst. retrospectively from 1994.
3. The said action of finalising the seniority list of Jr. Assts. should be
taken up based on the Service Rules of 1984 as per the directions of the
Hon’ble Court.
4. The APSHCL Service Rules, 1984 are very clearly indicates that
the qualification of graduation in any discipline is essential to appoint as
Jr. Assts.
5. Neither the Board of APSHCL nor the Govt. has given relaxation
exempting to appoint the non-graduates in the post of Jr. Asst.
6. If any relaxation is given to the qualification prescribed for the post
of Jr. Asst., it should be in the form of orders either by the Government
or proceedings by the Board of APSHCL, duly passing amendment to
the Service Rules of 1984.
7. It is also fact that so far no such amendments are made to the
Service Rules of 1984 in respect of the minimum qualification
prescribed for appointment as Jr. Asst. It is an evidence that the
comments made by the Prl. Secretary to Govt., in the minutes dated
22/12/1998 which was enclosed to my representation dt: 10.2.09 (ref. 1st
cited) to state that no exemption or relaxation or amendments are made
to Service Rules, 1984.
8. To implement the true spirit of G.O.No.217 dt: 31.12.1994, the
proposals of the M.D submitted to Govt. shall kindly be examined based
on which the said G.O. was issued.
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
9. The names of (26) Non-graduate employees shall be removed from
the seniority list of Junior Assistants to protect the interest of eligible
candidates and to obey the orders of Hon’ble Court.
The Govt., in its Lr. No. 3009/RA-1/92-1 dt 08.10.1992 have
instructed to take action as deemed fit since no qualifications are
prescribed in the Service Rules of Corporation for promotion to the
category of Sr. Assts from the cadre of Jr. Assts. Subsequently, the prl.
Secretary to Govt., Housing Department had stated while
communicating the minutes of the meeting held on 22.12.1998 in the
presence of MD APSHCL that relaxation of rules generally will be
given only in respect of age, and at the most, sponsoring through
employment exchange, but not in any case Educational qualification.
Instructions were also issued by the prl. Secretary to Govt., Housing
Department to review and revise the seniority of Sr. Asst., duly deleting
the names of non-graduates.
Before to issuing the instructions on 22.12.1998, the Govt. have
published APSHCL Service Rules, 1998 vide G.O. MS. No. 33
Msg(RM)Dept., dt 26.05.98. In the said Service Rule at chapter – VIII
under General Clause of Application it was clearly mentioned that not
withstanding anything contained in these rules where any particular rule
is fund deficient and insufficient to meet the requirements and demands
of any situation in the interpretation and application of these rules, the
Andhra Pradesh State and Subordinate Service Rules, the Fundamental
Rules and other Govt. rules issued from time to time shall be applicable
to remove and supplement to the extent of deficiency or insufficiency of
the Andhra Pradesh State Housing Corporation Service Rules. Even after
issuing specific instructions by the prl. Secretary to Govt., Housing
Department to take action deemed fit in respect of non-graduate
employees, so far no action has been taken either to place the matter
before the Board of APSHCL and to obtain relaxation in respect of the
qualification.
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
They felt that it is not out of place to mention here regarding the
relaxation obtained from the Govt., duly following the procedure for
promotion to the post of Managers form the feeder category of Asst.
Managers. “As per APSHCL Service Rules, 1998 one should possess
Post Graduation/post graduation in commerce to get promotion to the
post Manager from the post of Asst. Manager”.
The specific clause/Rule mentioned in the APSHCL Service Rules,
1998 was got amended vide G.O. Ms. No. 54 Housing (RH-1) Dept. dt.
16.08.2005 duly passing a resolution by the BOARD of APSHCL..
Keeping in view of the facts stated above, the original seniority
resorted to the Non-graduates in the cadre of Jr. Assts and Sr. Assts shall
be reviewed as desired by the prl. Secretary to Govt. in Housing
Department as per the APSHCL Service Rules, 1984 and subsequently
amended and as per the Judgment in WP No’s 34150/1998 &
36367/1998. The seniority in the cadre of Sr. Assts shall be given to the
incumbents from the date of acquiring the minimum requisite
qualification of graduation in any discipline.
Regarding the second objection of assigning notional seniority it is
clarified by the corporation that “the corporation is a Autonomous Body
and the Board is having powers to modify any rules and regulations of
corporation in the interest of the employees and public. As such the Rule
26(d) of A.P. State Subordinate Service Rules 1996 i.e., no appeal for
assignment of notional seniority on par with juniors should be
entertained after a period of 90 days from the date of promotion may not
be applicable in this case.
In this connection they would like to submit that as per APSHCL
service Rules, 1998 chapter-I under preliminary & definitions at serial
No. 4 change or alternation modification by way of an amendment to
these rules shall be made with prior approval of the Board and
Government. Further at serial No. 6 of chapter-I of APSHCL Service
Rules, 1998 it was clearly mentioned that “not withstanding any thing
contained in these Rules, the government shall have a general power of
superintendence and control over the administration of the Corporation.
Exercise of such power and control shall extend to giving general
instructions and directions to carry out the policies of the Government
both financial and administrative, including the final interpretation of the
rules and such instructions, directions and interpretations are binding on
the Corporation
Sl. No Senio Name of the Individual Gist of Objection Final Orders
rity No. Smt. / Sri.
1 2 3 4 5
Further in chapter VIII of APSHCL Service Rules, 1998 under
General Clause of Applications it was mentioned that “not withstanding
anything contained in these rules where any particular rule is fund
deficient and insufficient to meet the requirements and demands of any
situation in the interpretation and application of these rules, the Andhra
Pradesh State and Subordinate Service Rules, the Fundamental Rules
and other Govt. rules issued from time to time shall be applicable to
remove and supplement to the extent of deficiency or insufficiency of
the Andhra Pradesh State Housing Corporation Service Rules. APSHCL
Service Rules.
The provisional seniority list in the cadre of Asst. Managers prepared
and issued vide ref. 11th cited based on the impunged seniority of Jr.
Assts and Sr. Assistants is not correct. Until and unless revising the
seniority in the cadre of Jr. Assistants and Sr. Assist finalizing the
seniority in the cadre of Asst. Managers will leads to another legal
complication
After revising the seniority in the cadre of Jr. Assts and Sr. Assts duly
deleting names of non-graduates and the name of incumbents to whom
notional seniority was assigned, my name should be placed at sl. No. 27
in the seniority list of Asst. Managers
MGR/My computer/E/JA -Objections/List of objections on Asst.Manager.xls
Managing Director
OBJECTIONS RECEIVED ON PROVISIONAL SENIORITY LIST OF ASSISTANT MANAGERS AND REMARKS
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
1 16 AVSR Anjaneyulu He submit that he passed MA through Madurai Kamaraj It is true that he has passed the M.A. in April 2000. But as he has His request for cosidering
Head office University during the month of April 2000. He received the not submitted the certificate of requisite qualification, certain promotion w.e.f. 15.05.2000 as
original certificate in the month February 2001. Soon after receipt Juniors to him in the cadre of Sr.Assts were promoted as Asst. A.M. cannt be considered as the
of original certificate requested the MD in February 2001 for his Mgrs w.e.f. 15.05.2000 in the panel year 1999-2000. Subsequently initial request from him was
promotion as Asst.Manager. The Corporation addressed to the he has submitted the M.A. provisional certificate in February 2001 given during Feb, 2001 by which
Controller of the examination in the March 2001 for genuineness of and requested to consider his promotion as Asst. Manager. But he time the promotions were already
certificate and genuineness certificate is also received. was promoted on 17.02.2003. As per rules in vogue the panel has given duly arriving at eligibility
to be reviewed after 6 months and consider the eligible candidates list of candidates.
whenever vancancies arise for non selection posts.
Further he submited that govt.in their Lr.No.423/RHI/99-1, But in this case as Sri. A.V.S.R.Anjaneyulu submitted the M.A. With regard to his objection
dtd.10.12.1999 have clarified the case of A.Es promoted from WI Provisional certificate in Feb 2001, his case should have been to place him above Sri. P.R.
(Tech) that the person is eligible to be considered for promotion to considered by reviewing the panel (2000-2001) and promoted as Narsinga Rao, it is to mention
the cadre of A.E only from the date of acquisition of Diploma in Asst. Mgr w.e.f. 15.05.2000 notionally placing him at appropriate that orders of promotion of P.R.
Civil or Mechanical Engineering. Further the Government in place since he is eligible for promotion w.e.f. 21.04.2000 as per Narsinga Rao were given w.e.f.
G.O.Rt.No.52, Housing (U&IAY) Dept., dtd.25.2.2009 has F.R.26(a) i.e. last date of M.A. examination in which he passed. 24.06.2001 notionally based on
clarified that NTWI as TWI be treated as conversion from the date As such this has to be examined and considered his request. the Govt. orders.
of acquiring required technical qualification.
As per the FR 26(a) and clarifications issue by Further with regards to his objection for placing him above Sri.
Government in pre-paras he had to be promoted with effect from P.R.Narsing Rao, it is submitted that he was promoted notionally
22.4.2000 the day following the last date of examination. But w.e.f. 24.06.2001 as per the orders of the Govt.
promotion were given on 15.5.2000 by the Corporation. Hence he
has requested to consider his case on par with his juniors who were
promoted on 15.5.2000
Further he submitted that in the provisional Seniority list
issued on 22.3.2005 his name was shown at Sl.No.15 at tnat time
the name of Sri P.R. Narsing Rao not not take place in the seniority
list of A.Ms. He submitted a representation on the said provisional
seniority list to give notional promotion with retrospective from
15.5.2000 as he has passed the requisite qualification in April 2000.
But his request not considered by the MD stating that he not
submitted his educational qualification certificate at the time of
effecting promotions i.e. on 15.5.2000.
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
Further he submitted Sri P.R. Narsing Rao were
promoted as A.M with effect from 24.6.2001 on notional basis by
exonerating the charge framed against him, though he was
promoted as A.M on 11.11.2005 his name was shown at Sl.No.
A4(A) above his name though he was promoted as A.M on
17.2.2003 much before his promotion as A.M taking into account
his notional promotion with effect from 24.6.2001. The seniority
fixed in the lower cadre should always be maintained for all future
promotions as per rule 33 of A.P. State & Subordinate Service
Rules.
In view of the above he requested to promote him as
Assistant Manager with effect from 15.5.2000 on par with juniors
between Sri M. Gangaram Sl.No 8 and Smt D. Sarojini Devi
Sl.No.9.
2 1 M. Arun Kumar He requested that his date or birth may be changed as His case has to be considered for correction of date of birth in the Accepted Committee
Head office 15.08.1955 instead of 15.08.1952 as already recorded in his service Seniority list as per entries in the S.R. recommendation
register as 15.08.1955.
3 30 D.P.Margatte She has requested to fix her seniority at al.No.17 in The Govt. in their G.O.M.S. No.5 dt: 14.02.2003 have clearly The individual is requesting
Visakhapatnam between Sri AVSR Anjaneyulu, Sl.No.16 and Smt N. stated that the reservation in promotion in favour of SCs and STs to consider her position at
lakhmikantham, Sl.No.17 instead of Sl.No.30 as her case should be prospective and shall be made applicable to the post to be S.No.(2) in the roster point and
considered as promotion as A.M on par with 14 other colleages filled up. The Panel already prepared for the panel year 2002-2003 accordingly place her in the same
with effect from 14.2.2008 vide Proces.No.A3/2791/2006, and given effect should not be disturbed. In this case she was position i.e S.No.(2). However,
dt.8.5.2009 as per rule of reservation at roaster point 2 fixed for promoted as Asst. Mgr based on the Seniority list of Sr.Assts and her actual seniority position is the
women SC candidate. Panel prepared for 2002-2003. As such, her case is not considered last among the 2nd batch of A.M.
in the cadre of Asst. Mgrs. Hence, her request may be rejected. Promotees during 2003.
Hence her position will
remain the same.
However, in the next
promotion i.e. to Managers she
will be given the advanced
position as warranted by the
roster.
In view of above, her present
request is rejected.
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
4 60 F.B. Morris He submitted that as per the recent judgement of Madras He has not enclosed any judgement orders of Honble High Court of Accepted Committee
Visakhapatnam High Court as Well as Supreme Court of India, the P.G. Madras and Supreme Court of India wherein as he stated that the recommendation
qualification acquired from 10+2 directly with out having the P.G. qualification acquiring from 10 + 2 directly without Dregree is
minimum qualification of degree is not at all valid. But as seen not at all valid. There are not specific orders to that effect from
from the provisional seniority list of A.Ms nearly 7 employees who Govt. As such, his request may be rejected. Further his B.L.
are actually SSC and Intermediate qualiried persons who acquired qualification may be added in the Seniority list of Asst. Mgrs. as
PG Degree directly without having minimum qualification of per S.R. entries. If he actually working at Vishakapatnam at
degree were placed above his name. present it may also be corrected in the Seniority list as
Vishakapatnam instead of Vizianagaram.
Further he requested to include his B.L. degree
aqualification in the seniority list (SR copy enclosed) and also
rectify his place of work as Vizianagaram instead of
Visakhapatnam.
5 72 K.Sai Durga Prasad He submitted that as per the recent judgement of Madras He has not enclosed any judgement orders of Honble High Court of Accepted Committee
Visakhapatnam High Court as Well as Supreme Court of India, the P.G. Madras and Supreme Court of India wherein as he stated that the recommendation
qualification acquired from 10+2 directly with out having the P.G. qualification acquiring from 10 + 2 directly without Dregree is
minimum qualification of degree is not at all valid. But as seen not at all valid. There are not specific orders to that effect from
from the provisional seniority list of A.Ms nearly 7 employees who Govt. As such, his request may be rejected.
are actually SSC and Intermediate qualiried persons who acquired
PG Degree directly without having minimum qualification of
degree were placed above his name and he is going to retire from
service in the Feburary 2010.
6 99 S.Md. Khasim He requested to rectiry his qualification shown as Inter but his His case may be considered to mention the B.A. qualification in the Accepted Committee
Anantapur qualifiation is B.A which is altered in the final seniority list of Seniority list. recommendation
Senior Assistant
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
7 121 P.Satyanarayana He submitted that he was appointed as TWI on consoldiated He was promoted as Asst. Mgr based on the Seniority list of Accepted Committee
Head Office pay by the District Collector on 17.2.1985. Sr.Assts already finalised and communicated. As such, his request recommendation
may be rejected
Further he was appointed as Jr.Asst on daily wages vide
Procds.No.2262/86-C, dt.11.9.1986 by the DM, W.G.Dist
Further he was appointed as Sr.Asst on consolidated pay vide
Procds.No.361/85/C, dt.3.12.1986 by the Dist.Collector, W.G.Dist
in the existing vacancy, the District Collector was placed in time
scale of pay as Jr.Asst. with effect from 1.1.1990 stating that three
posts in district office and one post of Sr.Assistant in the office of
the DEE (H), Kovvur were down graded as Jr.Assistants as on
economy measure. Thus it was clear that it was post vacant that
was down graded but not his appointment as Senior Assistant.
Further he submitted that Sri KVJ Prasad and B. Mohan Rao
of Srikakulam was appointed on consolidated pay like him are
working as Sr.Assistants in the district and their services were
regularized as Sr.Assistant with effect from 1.6.1990 by the DM,
Srikakulam.
But his representation was not considered and he
approached the Hon'ble High Court and High Court issued orders in
W.P.No.5754 of 1994 directing the respondents to consider the
representation made by him and pass appropriate orders in
accordance with rules within twelve weeks.
Vide Procds.No.Rc.No.1178/94C, dt.12.9.1994 fo the
District Collector, W.G. District stated that the request of Sri P.
Satyanarayana, Jr.Asst claiming seniority for Sr.Asst post is
rejected and his claim that his seniority shall be considered for the
post of Sr.Asst on the gound that two incumbents of Srikakulam
district were regularised as Sr.Assts is not tenable on the ground
that the APSHCL, Hyderabad has already issued isntructions for
reversion of the two incumbents of Srikakulam district. He he is
not entitled for claiming seniority for Sr.Asst post in accordance
with the rules of the Corporation.
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
Again he submitted a representation to consider his case on
par with the above individuals with effect from 1.1.1990 as Sr.Asst.
Vide Memo No.A3/15670/99, dt 7.12.1999 informed that as per the
G.O.Rt.No.99, Housing (U&IAY) Dept dtd 3.4.99 the seniority of
Sr. B. Mohan Rao and Sri KVJ Prasad in the post of Senior
Assistants is to be refixed with effect from 3.4.1990 being the date
of regularisation of their services instead of 1.6.1990 again he was
promoted as Sr.Asst with effect from 8.6.1999 and issued notional
promotion with effect from 31.7.1992 on par with his juniors
In view of the above he has requested to consider his
representation as Sr.Asst with effect from 1.6.1990 and to restore
his seniority in the cadre of Sr.Asst and as well as A.M on par with
above two A.Ms of Srikakulam district.
8 91 N.Sanjeevaiah He submitted that Sri M. Mohan Rao & KVJ Prasad names Sri. B.Mohan Rao and K.V.J.Prasad, Sr.Assts were promoted as Accepted Committee
Warangal was fixed in the seniority list at Sl.No.80, 81 seniority given from Asst Mgrs on 24.06.08. They could not report duty as Asst. Mgrs recommendation
the date of promotion i.e. 24.6.2008 as A.M instead of reposting in their respective posting places due to some administrative
orders i.e. 4.11.2008. In reasons. Subsequently orders are issued on 04.11.08 by the MD
view of the above he requested to revise their seniority after retaining them as Asst. Mgrs at their original places. Based on the
Sl.No.95 in the seniority list of Asst.Manager. Seniority list of Sr.Assts already communicated Sri. N.Sanjeevaiah
has been promoted as Asst. Mgrs. Hence, his request may be
rejected.
9 50 P. Sree Ramulu He submitted that he was at Sl.No.50 in the provisional list It is known that Sri. D.Ramulu belongs to SC. Though he is Junior Final decission will be taken in
Kadapa of A.M and at Sl.No.58 in the final list of Sr.Asst. but the Sl.No.60 to Sri. P.Sree Ramulu in the cadre of Sr.Assts, he is promoted consultation with Govt.
Sri D. Ramulu, Sl.No.89, Sri K. Prasad in the list of Sr.Asst were earlier on 07.07.07 than Sri. P.Sree Ramulu as per rule of
kept before, where they are juniors to him in the cadre of Sr.Asst reservation in the cadre of Asst. Mgrs. As such, he is placed and
according to the final seniority list of Sr.Assistants. But their names shown above Sri. P.Sree Ramulu in th Seniority list of Asst. Mgrs
shown in the provisional seniority list of A.Ms at Sl.No.36 Sri D. as per roster points. Further, Sri. K.Prasad (38) is Junior than
Ramulu and Sl.No.38 K. Prasad and his name shown at Sl.No.50 Sri.P.Sree Ramulu (50) in the cadre of Sr.Assts. But he was
and it will be construed that Sri D. Ramulu and Sri K. Prasad as promoted as Asst. Mgr w.e.f. 05.01.08 whereas Sri. P.Sree Ramulu
juniors to him. Hence the promotions as Assistant Managers from promoted as Asst. Mgr w.e.f 24.06.08.
the cadre of Sr.Assts to him also extended on par with his juniors.
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
10 73 A. Khader Basha He submitted that he was at Sl.No.50 in the provisional list Sri. K.Prasad (89) is Junior to A.Khader Basha (84) in the cadre of Final decission will be taken in
Kadapa of A.M and at Sl.No.58 in the final list of Sr.Asst. but the Sr. Assts. But he was promoted as Asst. Mgr w.e.f. 05.01.08 consultation with Govt.
Sl.No.89, Sri K. Prasad in the list of Sr.Asst were kept before, whereas Sri. A.K.Basha (73) has been promoted as Asst Mgr w.e.f.
where they are juniors to him in the cadre of Sr.Asst according to 24.6.08.
the final seniority list of Sr.Assistants. But their names shown in
the provisional seniority list of A.Ms at Sl.No.38 K. Prasad and his
name shown at Sl.No.50 and it will be construed that Sri K. Prasad
as juniors to him. Hence the promotions as Assistant Managers
from the cadre of Sr.Assts to him also extended on par with his
juniors.
11 42 S. Ravinder He submitted that he acquired M.A. qualification from Madhya It is known that there is a court case pending against him. As such Accepted Committee
Karimnagar Pradesh Bhoj University, Bhopal and register his qualification in his case is not considered for promotion in 2007 alongwith his recommendation
the SR on 6.11.2006 . At the time of promotions in the cadre of Juniors. Subsequently he was promoted as Asst. Mgr w.e.f. 24.6.08
A.Ms in 2007 unfortunately his juniors both Jr.Asst and Sr.Assts subject to out come of pending court orders.
cadres have been considered and promoted them ignoring his name
for consideration as Asst.Manager along with them. Subsequently
he promoted as A.M in 2008.
In view the above he requested to place his name in
appropriate place i.e. after Sri K. Bhanoji Rao, Sl.No.33 and before
Sri N. Srinivasa Rao Sl.No.34 in the cadre of A.M.
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
12 81 80 KVJ Prasad They have submitted that the Government in They were promoted as Asst. Mgrs based on the Seniority list of Sr. Accepted Committee
13 B.Mohan Rao G.O.Ms.No.333, dt.9.9.2005 have issued orders for regularistion of Assts w.e.f. 24.06.08. Their previous request in the cadre of Sr. recommendation
Srikakulam their services as direct Senior Assistants with effect from 1.6.1990 Assts was considered and their date of promotion was shown as
with all consequential benefits acrued thereon and based on these 01.06.90 instead of 03.04.93.
orders the M.D, APSHCL has informed that their names was placed
at Sl.No.82 A/B in the Seniority list of Sr.Asst instead of placing
their names at Sl.No.25 A/B after K. Ganesh Babu who was
promoted as Sr.Asst on 24.5.1990 i.e. before the date of their
regularisation of service i.e. 1.6.1990
Further he submitted that his juniors at about 56 were placed
at top of their names due to non consideration of rules applicable to
the direct recruitees and also without considering the orders issued
in Procds.No.A3/11728/2008, dt.1.4.2009 and considered their
name on par with Sri M. Arun Kumar and deleted his name from
the State Wide Seniority list of Jr.Assistants and not even
considered the seniority as per Memop No.A3/3380/2005,
dt.11.3.2008.
Further they submitted their names was placed at
Sl.No.80,81 in the provisional list of A.Ms instead of placing their
names at Sl.No.26 after K.N. Ganesh Babu who was promoted as
A.M on 17.2.2003. As a result he kept in loss of 5 years promotion
benefits in the cadre of A.M since he was appointed as AM on
24.6.2008.
In view of the above they requested to refix their seniority
considering their date of initial appointment in the cadre of direct
Senior Assistant i.e. 22.10.1986 and to consider the date of
regularisation in the cadre of direct Sr.Asst i.e. 1.6.1990 in terms of
G.O.Rt.No.303, dt.9.9.2005
14 56, N. Gopal Rao They have submitted he representation filed by them also not These seven candidates already raised the same objections on Accepted Committee
15 54 , K.Prabhakar taken in to consideration and not even placed the matter before the communication of Seniority List of Sr.Assts. The Committee has recommendation
16 55 V.V.R.Murthy Board, as was done in case of the representations filed by Sri Y.U. already submitted its remarks in the matter vide Note
17 57 K.Venkateshwar Bhaskar Rao and others Managers on the same subject. dated:16.05.2009. The same remarks are holds good in this case
Rao also since they were promoted as Asst. Mgrs based on the Seniority
18 49 P.Harishankar Rao list of Sr. Assts.
19 75 48 C. Narayana Redd
20 G.Ravi Kumar
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
In this context they like to submit that main objection filed by
them in the cadre of Jr. Assistants is that the (18) individuals, who
are not possessing the minimum requisite qualification of Degree
and continued in the list of Jr. Assistants shall be deleted as per
APSHCL Service Rules, 1984 and as per the directions of Hon’ble
High court in WP. No. 34150/1998 and 36367/1998.
In this connection they like to reiterate the facts which were
already brought in to the notice of MD., APSHCL.
1. The then M.D/E.D had been particularly endorsed on the file
of seniority list of Jr. Assts. in the year 1994 to remove the names
of certain persons from the list of Jr. Assts. The facts & connected
records are not placed before the management.
2. It is a fact that as a result of judgement in W.P.No.s
34150/1998 and 36367/1998, the action has been taken for
finalisation of seniority in the cadre of Jr. Asst. retrospectively from
1994.
3. The said action of finalising the seniority list of Jr. Assts.
should be taken up based on the Service Rules of 1984 as per the
directions of the Hon’ble Court.
4. The APSHCL Service Rules, 1984 are very clearly indicates
that the qualification of graduation in any discipline is essential to
appoint as Jr. Assts.
5. Neither the Board of APSHCL nor the Govt. has given
relaxation exempting to appoint the non-graduates in the post of Jr.
Asst.
6. If any relaxation is given to the qualification prescribed for
the post of Jr. Asst., it should be in the form of orders either by the
Government or proceedings by the Board of APSHCL, duly passing
amendment to the Service Rules of 1984.
7. It is also fact that so far no such amendments are made to the
Service Rules of 1984 in respect of the minimum qualification
prescribed for appointment as Jr. Asst. It is an evidence that the
comments made by the Prl. Secretary to Govt., in the minutes dated
22/12/1998 which was enclosed to my representation dt: 10.2.09
st
(ref. 1 cited) to state that no exemption or relaxation or
amendments are made to Service Rules, 1984.
8. To implement the true spirit of G.O.No.217 dt: 31.12.1994,
the proposals of the M.D submitted to Govt. shall kindly be
examined based on which the said G.O. was issued.
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
9. The names of (26) Non-graduate employees shall be removed
from the seniority list of Junior Assistants to protect the interest of
eligible candidates and to obey the orders of Hon’ble Court.
The Govt., in its Lr. No. 3009/RA-1/92-1 dt 08.10.1992 have
instructed to take action as deemed fit since no qualifications are
prescribed in the Service Rules of Corporation for promotion to the
category of Sr. Assts from the cadre of Jr. Assts. Subsequently, the
prl. Secretary to Govt., Housing Department had stated while
communicating the minutes of the meeting held on 22.12.1998 in
the presence of MD APSHCL that relaxation of rules generally
will be given only in respect of age, and at the most, sponsoring
through employment exchange, but not in any case Educational
qualification. Instructions were also issued by the prl. Secretary to
Govt., Housing Department to review and revise the seniority of Sr.
Asst., duly deleting the names of non-graduates.
Before to issuing the instructions on 22.12.1998, the Govt.
have published APSHCL Service Rules, 1998 vide G.O. MS. No.
33 Msg(RM)Dept., dt 26.05.98. In the said Service Rule at chapter
– VIII under General Clause of Application it was clearly
mentioned that not withstanding anything contained in these rules
where any particular rule is fund deficient and insufficient to meet
the requirements and demands of any situation in the interpretation
and application of these rules, the Andhra Pradesh State and
Subordinate Service Rules, the Fundamental Rules and other Govt.
rules issued from time to time shall be applicable to remove and
supplement to the extent of deficiency or insufficiency of the
Andhra Pradesh State Housing Corporation Service Rules. Even
after issuing specific instructions by the prl. Secretary to Govt.,
Housing Department to take action deemed fit in respect of non-
graduate employees, so far no action has been taken either to place
the matter before the Board of APSHCL and to obtain relaxation in
respect of the qualification.
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
They felt that it is not out of place to mention here regarding
the relaxation obtained from the Govt., duly following the
procedure for promotion to the post of Managers form the feeder
category of Asst. Managers. “As per APSHCL Service Rules, 1998
one should possess Post Graduation/post graduation in commerce to
get promotion to the post Manager from the post of Asst. Manager”.
The specific clause/Rule mentioned in the APSHCL Service
Rules, 1998 was got amended vide G.O. Ms. No. 54 Housing (RH-
1) Dept. dt. 16.08.2005 duly passing a resolution by the BOARD of
APSHCL..
Keeping in view of the facts stated above, the original
seniority resorted to the Non-graduates in the cadre of Jr. Assts and
Sr. Assts shall be reviewed as desired by the prl. Secretary to Govt.
in Housing Department as per the APSHCL Service Rules, 1984
and subsequently amended and as per the Judgment in WP No’s
34150/1998 & 36367/1998. The seniority in the cadre of Sr. Assts
shall be given to the incumbents from the date of acquiring the
minimum requisite qualification of graduation in any discipline.
Regarding the second objection of assigning notional
seniority it is clarified by the corporation that “the corporation is a
Autonomous Body and the Board is having powers to modify any
rules and regulations of corporation in the interest of the employees
and public. As such the Rule 26(d) of A.P. State Subordinate
Service Rules 1996 i.e., no appeal for assignment of notional
seniority on par with juniors should be entertained after a period of
90 days from the date of promotion may not be applicable in this
case.
In this connection they would like to submit that as per
APSHCL service Rules, 1998 chapter-I under preliminary &
definitions at serial No. 4 change or alternation modification by
way of an amendment to these rules shall be made with prior
approval of the Board and Government. Further at serial No. 6 of
chapter-I of APSHCL Service Rules, 1998 it was clearly mentioned
that “not withstanding any thing contained in these Rules, the
government shall have a general power of superintendence and
control over the administration of the Corporation. Exercise of such
power and control shall extend to giving general instructions and
directions to carry out the policies of the Government both financial
and administrative, including the final interpretation of the rules
and such instructions, directions and interpretations are binding on
the Corporation
Sl. No Senio Name of the Gist of Objection Committee Recommendations Final Orders
rity No. individual
Smt. / Sri.
1 2 3 4 5 6
Further in chapter VIII of APSHCL Service Rules, 1998
under General Clause of Applications it was mentioned that “not
withstanding anything contained in these rules where any particular
rule is fund deficient and insufficient to meet the requirements and
demands of any situation in the interpretation and application of
these rules, the Andhra Pradesh State and Subordinate Service
Rules, the Fundamental Rules and other Govt. rules issued from
time to time shall be applicable to remove and supplement to the
extent of deficiency or insufficiency of the Andhra Pradesh State
Housing Corporation Service Rules. APSHCL Service Rules.
The provisional seniority list in the cadre of Asst. Managers
prepared and issued vide ref. 11th cited based on the impunged
seniority of Jr. Assts and Sr. Assistants is not correct. Until and
unless revising the seniority in the cadre of Jr. Assistants and Sr.
Assist finalizing the seniority in the cadre of Asst. Managers will
leads to another legal complication
After revising the seniority in the cadre of Jr. Assts and Sr.
Assts duly deleting names of non-graduates and the name of
incumbents to whom notional seniority was assigned, my name
should be placed at sl. No. 27 in the seniority list of Asst. Managers
MGR/My computer/E/JA -Objections/List of objections on Asst.Manager.xls
Sd/-
Managing Director
//Attested//
Dy.General Manager(Admn. & Vig)