Relinquishment of Rights under AP Service Rules – Latest Amendment

Amendment to Rule 28 of AP State and Subordinate Service Rules 1996 – Relinquishment of Promotion Rights

Relinquishment of Rights under AP Service Rules – Latest Amendment | High Court Directions on Rule 28 Relinquishment of Promotion

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

General Administration Department – The Andhra Pradesh State and Subordinate Service Rules, 1996 – Relinquishment of Rights by Members of Service – Amendment to Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 – Notification – Orders Issued.

GENERAL ADMINISTRATION (SERVICES–D) DEPARTMENT

G.O.Ms.No.92 Dated: 28.08.2023

Read the following:

1. G.O.Ms.No.436, G.A. (Ser.D) Department, dated 15.10.1996.
2. Orders of Hon’ble High Court of Andhra Pradesh in WP No.21718 of 2022 dated 24.11.2022 and 05.07.2023.
3. Orders of Hon’ble High Court of Andhra Pradesh in WP No.21718 of 2022 dated 02.08.2023.

***

ORDER:

The Andhra Pradesh State and Subordinate Service Rules, 1996 issued in the G.O. first read above, defined relinquishment of rights by members in Rule 28 as follows:

“Any member of a service may, in writing, relinquish any right or privilege to which he may be entitled to, under these rules or the special rules, if, in the opinion of the appointing authority such relinquishment is not opposed to public interest. Such relinquishment once made will be final and irrevocable. Nothing contained in these rules or the special rules shall be deemed to require the recognition of any right or privilege to the extent to which it has been so relinquished. Provided that no conditional relinquishment or relinquishment of right for a temporary period shall be permitted.”

2. In the reference second read above, the Hon’ble High Court of Andhra Pradesh issued the following order dated 24.11.2022 in WP No.21718 of 2022:

“This Court is constrained to observe that the gross perversity could have been avoided by the Official Respondents if they had suitably amended Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996 in terms of the interpretation given by a Division Bench of this Hon’ble Court in the year 2006. The Respondents are directed to suitably amend Rule 28 of the Andhra Pradesh State and Subordinate Service Rules, 1996.”

3. In the order dated 09.08.2006 in WP No.26654 of 2005, the Hon’ble High Court observed as follows:

A careful perusal of Rule 28 reveals:
(1) A member may relinquish any right or privilege including promotion.
(2) Such relinquishment is subject to acceptance by the appointing authority.
(3) Such relinquishment once made is final and irrevocable.
(4) Authorities need not recognise rights already relinquished.

Relinquishment of promotion applies only to the particular vacancy and does not affect future vacancies. Rule 28 does not permanently extinguish future promotion rights.

4. The Hon’ble High Court directed the Principal Secretaries of Law and General Administration Departments to file affidavits on action taken.

5. Government, after careful examination and in compliance with the directions of the Hon’ble High Court, decided to amend Rule 28 suitably.

Accordingly, the following notification will be published in the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh State and Subordinate Service Rules, 1996.

AMENDMENT

In Rule 28, after the proviso, the following explanation shall be added:

Explanation:

(i) Relinquishment of promotion does not disentitle a member from consideration in future vacancies.

(ii) Relinquishment to a particular vacancy does not amount to permanent relinquishment for future vacancies.

(iii) Relinquishment is confined only to the vacancy or panel year concerned. The member shall be considered for future promotion if otherwise eligible.

6. A copy of this order is available online at https://apegazette.cgg.gov.in

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

Dr. K.S. Jawahar Reddy
Chief Secretary to Government

To:
The Commissioner of Printing, Stationery and Stores Purchase, AP, Vijayawada.
All Departments in A.P. Secretariat.
All Heads of Departments.
All District Collectors and District Judges.
All concerned Departments.

//FORWARDED BY ORDER//
SECTION OFFICER

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