Intermediate Education – A.P.I.E.S.(Rules-Method of appointment to the post of Junior Lecturers and
Physical Directors in Government Junior Colleges- Amendment to the Andhra Pradesh Intermediate
Education service rules-Orders-issued.
1) In the said rules, - in rule 3,9 and in the Annexure for the word “
transfer”, Wherever it
occurs, wherever it occurs , the work “promotion” shall be substituted.
2) In rule 3(1) in category (8) in column (3) for the existing entries the
following shall be
substituted namely:-
1) By Direct recruitment
2) By Recruitment by promotion from - 90%
a) Supertintendents in the department of Intermediate Education and Collegiate
Education as per Inter-se senirority : 3%
b) Senior Asstistants and Senior Stenos in the department of Intermediate
Education and Collegiate Education as per Inter-se senirority : 3%
c) Junior Asstistants and Junior Stenos in the department of Intermediate
Education and Collegiate Education as per Inter-se senirority : 4%
Note :
i) If no qualified and suitable person is available in category (a) above ,
the posts
earnmarked for that category may be filled up by the eligible persons in
categories (b) or
(c), in that order.
ii) If no qualified and suitable person is available in category (b) above
, the posts
earnmarked for that category may be filled up by the eligible persons in
categories (a) or
(c), in that order.
iii) If no qualified and suitable person is available in category (c) above
, the posts
earnmarked for that category may be filled up by the eligible persons in
categories (a) or
(b), in that order.
II) In Category 9 , in column (3) , for existing entry ( C) the following
shall be substituted, namely :
c) By recruitment by promotion from the category of superintendent, Senior
Assistants, Senior
Stenos, Junior Assistants , Junior Stenos and store keepers in the
Departments of Intermediate and
Collegiate Education, as per Inter-se-Seniority , if no qualified and
suitable person is available under the
above two methods”.
(3) In rule 7 , the words , for recruited by transfer “ and “or appointment
by transfer” shall be omitted.
(4) In rule 8, the words, “ or transfer “ shall be omitted.
[ BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH]”.
3) The Teachers organizations made representation to the Government that
promotion channel
is to be provided to the School Assistants for the posts of Junior
Lecturers in Government Junior Colleges on the ground that the school education
department and Higher education departments are not two different departments
in the state of Andhra Pradesh and there is only one education department in
the state of Andhra Pradesh and the Principle laid by the Hon’ble Supreme Court
in Jagannadha Rao case is not applicable in this case.
4) As per the para 3 (4) of the presidential orders each specified Gazetted
category in each
department in each zone shall be organized in to a separate cadre. The
specified Gazetted categories of the education department are included in the
Third schedule of the Presidential order. The specified Gazetted categories
included in the Third schedule are as follows.
S.No
|
Category
|
Department
|
23
|
Deputy Educational
Officers., Headmaster and Headmistress
|
Education Department
|
24
|
Principals of Junior
Colleges other than in class-II of the A.P.
Educational Subordinate
services
|
-do-
|
25
|
Lecturers of Government
Colleges
|
-do-
|
26
|
Lecturers of Govt. College
of Education and Govt. Colleges of
Comprehensive Education
|
-do-
|
27
|
Parishad Educational
Officers
|
-do-
|
The post of Junior Lecturers in Govt. Junior Colleges was declared as
Gazetted posts vide
G.O.Ms.No: 97 Edn department dated 31.01.1981. As the post of Junior
Lecturer was made Gazetted
proposals was sent for Government of India to specify the said posts as
specified Gazetted category by including the same in the Third schedule of the
presidential order as per the para 2(j) of the presidential order. The
Government of India inserted the post of Junior Lecturers in the Third schedule
of the presidential order at S.No 24 A after S.No 24 in the Education
Department vide S.O. 223(E) dated 25th February 2003. The same was
republished by the state of Andhra Pradesh vide G.O.Ms.No: 131 GADdated
30.04.2003. The Government of India inserted the following Gazetted categories
of EducationDepartment in the Third schedule of the Presidential order vide GSR
636 E dated 23.06.2017. The same was republished by the state of Andhra Pradesh
vide G.O.Ms.No: 82 GAD dated 04.07.2017.
S.No
|
Category
|
Department
|
23
|
A Mandal Educational
Officer., Headmaster and Headmistress in Government and Zilla Parishad High
Schools
|
Education Department
|
24
|
Senior Lecturer, District
Institutes of Education and Training
|
Education Department
|
25
|
Lecturer, District
Institutes of Education and Training
|
Education Department
|
The above all specified Gazetted Categories belongs to Education Department
but are under
administrative control of different directors and Secretary to Higher
Education and Secretary to School Education.
5. The Central Government notified 14 departments of the state of Andhra
Pradesh for which
separate cadre have to be organized for the city of Hyderabad as per para
3(6) of presidential order videGSR 528 dated 18.10.1975 , which was republished
by the state of Andhra Pradesh vide G.O.Ms.No: 675 GAD dated 20.10.1975. The
department of Education is at Sr.No.7 in the list of the above four departments
notified by State of Andhra Pradesh.
6. The Government of Andhra Pradesh have given the list of departments for
which the scheme
of organization of local cadres will be applicable in the Annexure to GOP
No. 728 GAD dated 01.11.1975. As per the said list the Education Department is
at S.No:24 . The labour department is at S.No: 46 and the factories and boilers
department is at S.No: 47.
7. The Government vide G.O.Rt.No: 3009 GAD dated 20.06.2009 transferred the
subject of
Intermediate Education to Secretary to Government, Secondary Education i.e.
to the Secretary of School Education.
8. There is only one Education Department in the State of Andhra Pradesh
which is evident from
the above provisions of the presidential Order and Government Orders. The
Directorates of Collegiate Education, School Education , Intermediate Education
are under the Education Department but were under administrative control of
Secretary to Higher Education and Secretary to School Education.
9. In Jagannadha Rao case the Hon’ble Supreme Court declared that the
provision made in the
service rules for making the posts of factories and boilers department as
feeder cadre for promotion to the post in the labour department is against of
provisions of Presidential Order as the posts of one
department shall not be made as feeder cadres for promotion to the post in
another department as per para 5 of the presidential order. The Principle laid
in the Jagannadharao case is not applicable to the Education Department since
the posts of School Assistants and the Junior Lecturers are in the Education Department
but are under the administrative control of different director and Secretaries.
The posts of School Asst and Junior Lecturers are at present under the
administrative control of Special chief Secretary, Department of School
Education.
10. The post of Physical Directors in Juniors colleges was made Gazetted
and not included in A.P.
Intermediate service rules after making the said posts are Gaz
etted. The School Asst (Physical Education) working in the schools in the Education
Department are not getting promotion to the post of Physical Directors for want
of service rules.
11. The Government has carefully examined the above provisions of
presidential orders ,
Government orders and the Judgment of the Hon’ble Supreme Court in
Jagannadha rao case and
accepted the proposal to amend the Andhra Pradesh Intermediate Service
rules issued in the G.O. 1st
read and as amended in the G.O. 2nd read above.
Accordingly the following notification will be published in the Andhra
Pradesh Gazette
NOTIFICATION
In exercise of the powers conferred by the provision to Article 309 of the
constitution of India
and of all other powers hereunto enabling, the Government of Andhra Pradesh
hereby makes the
following amendments to the Andhra Pradesh Intermediate Education Service
Rules issued in
G.O.Ms.No. 302, Education Department dated 30-12-1993 as amended vide
G.O.Ms.No: 223 Higher
Education Department dated 18.09.2008.
Amendment
1. In rule 3(1) in Category 8 in column 3 for the existing entries the
following shall be
substituted.
“(i) By Direct Recruitment
(ii) By appointment by transfer from school Asst., of A.P.Educational
Sub-ordinate
services.
(or)
By Recruitment by transfer from any other service in Education department
i) Direct Recruitment -- 50%
(ii) School Asst of A.P.Educational Sub-ordinate services. -- 40%
(iii) Any other service in Education department -- 10%”
(Non Teaching Staff of Education Department)
2. In rule 2 the following is inserted after category 9
“ Category 10; Physical Director “
3. In rule 3 the following is inserted after category 9
“Category 10; Physical Director
Appointment by transfer from School Asst(Physical Education) of A.P.
Educational Sub
ordinate service”
4. In annexure to rule 5 after category 9 the following is inserted.
“Category 10;
Physical Director:
Appointment by transfer
Must posses a second class post graduate
degree in Physical Education or equivalent
qualification from a recognized University
PRINCIPLE SECRETARY
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