AP Employees Presidential Order Draft Copy 31.07.2023

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Annexture-I

DRAFT A.P.PRESIDENTIAL ORDER

1. Short Title, extent and Commencement :- (1) This order may be

called the Andhra Pradesh Public Employment, (Organisation of Local Cadres


and Regulation of Direct Recruitment) Order, 2023.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force at once.

2. Interpretation:-( 1)In this Order, unless the context otherwise requires,-


(a) "Capital Area" means the part of the State comprising the
territories notified by the State Government'

(b) "Direct Recruatment" Includes recruitment made on a temporary


basis but does not include recruitment made in pursuance of any scheme
approved by the State Government providing for the regularisation of the
services of persons holding posts on a temporary basis before the
commencement of this Order ;

(c) "District " means a revenue district for all Departments'


(d) "Local Area" in relation to any local cadre, means the local area
specified in paragraph 6 for direct recruitment to posts in such local cadre.
(e) "Local Authority" does not include any local authority which is not
subject to the control of the State Government ;
(f)"Local Cadre" means any local cadre of posts under the State
Government organised in pursuance of paragraph 3, or constituted otherwise
for any part of the State.
(g)"LocalCandidate"inrelationtoanylocalarea,meansacandidate
who qualifies under paragraph 7 as a local candidate in relation to such local
a rea,

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(h) (Major Development Project) means a development Project the cost or
the estimated cost of which exceeds Rs. 500 crores and notified as such by the State
Government:
(i)"Multi-Zone" means the multi-zones specified in the Schedule
comprising the territories mentioned therein;
(j) "schedule" means a Schedule appended to this order;

(k)"Special Office or Establishment" means an Office or


Establishment notified as such by State Government;
(l) "State" means the State of Andhra Pradesh;
(m) "State Government" means the Government of Andhra Pradesh;
(n) "State-Level Office or Institution" means as office or
institution serving, or the jurisdiction of which extends to the State as a
whole and notified as such by the State Government;
(o) "Zone" means a zone specified in the Schedule appended to this
Order, comprising the territories mentioned therein
(2) The General Clauses Act, 1897 (10 of 1897) applies for the
interpretation of this Order as it applies for the interpretation of a Central
Act.

3. Organisation of local cadres :- (1) The State Government shall within


a period of twenty seven months from the commencement of this Order,
organise classes of posts in the civil services of and classes of civil posts
under the State into different local cadres for different parts of the State to
the extent and in the manner, hereinafter provided.
Provided that, notwithstanding the expiration of the said period, the
President may by order, require the State Government, whenever he
considers it expedient so to do, to organise any classes of posts in the civil
services of and clauses of civil posts under the state into different local
cadres or different parts of the State.

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(2) The posts belonging to the category of lunior Assistant and each of
the other categories equivalent to or lower than that of a Junior Assistant in
each department In each district shall be organised into separate cadre,
Explanation:- For the purposes of this sub-paragraph, sub-paragraph (1)
of paragraph 6, and sub-paragraph (1) of paragraph B, a category shall be
deemed to be equivalent to or lower than that of a Junior Assistant if the
minimum of the scale of pay of a post belonging to that category or where
the post carries a fixed pay, such fixed pay is equal to or lower than the
minimum of the scale of pay of a Junior Assistant.

(3)Thepostsbelongingtoeachcategoryabovethecategoryof]unior
Assistant and up to and inclusive of the category of Superintendent and each of
the other equivalent categories in each department and also the category of
First level Gazetted and each of the other equivalent categories in each

department in each Zone shall be organized into a separate cadre'

paragraph (2) of
Explanation:- For the purposes of this sub-paragraph, sub-
paragraph 6 and sub-paragraph (2) of paragraph B, a category shall be deemed
tobeequivalenttoorlowerthanthatofaSuperintendentandalsothe
categories in
category of First level Gazetted and each of the other equivalent
pay of a post belonging to
each department, if the minimum of the scale of
pay is equal to
that category or where the post carries a fixed pay' such fixed
or First level
or lower than the minimum of the scale of pay of a superintendent
gazetted.
(4) The Posts belonging to each category above the category of
Superintendentorabovethecategoryoffirstlevelgazettedanduptoand
inclusiveofthecategoryofDeputycollectorandeachoftheotherequivalent
categoriesineachdepartmentineachMulti-Zoneshallbeorganizedintoa
separate cadre.

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Explanation:- For the purposes of this sub-paragraph, sub- paragraph (3) of
paragraph 6 and sub-paragraph (3) of paragraph 8, a category shall be deemed
to be equivalent to or lower than that of a Deputy collector if the minimum of
the scale of pay of a post belonging to that category or where the post carries a
fixed pay, such fixed pay is equal to or lower than the minimum of the scale
of pay of a Deputy Collector,
(5) Notwithstanding anything contained in sub-paragraphs (2),and (3), the
State Government may, where it considers it expedient to do so, organize the
posts belonging to any of the categories referred to therein, in any
department, or any establishment thereof, in two or more contiguous districts
(either full or part) or zones, as the case may be, into a single cadre,
(6) In organizing a separate cadre in respect of any category of posts in any
department for any part of the state, nothing in this order shall be deemed
to prevent the state Government from organizing or continuing more than
one cadre in respect of such category in such department for such part of the
State,
(7) where the state Government is satisfied that it is not practicable or
expedient to organise rocar cadres under this paragraph in respect of any non
gazetted category of posts in any department, it may, by notification,
make
a declaration to that effect and on such declaration the provisions of this
paragraph shall not apply to such category of posts.

4' Allotment of persons:-(1) persons hording posts required


to be
organised into local cadres shall be allotted to such cadres
by the state
Government or any officer or authority authorised by it in
this beharf in
accordance with the principres and procedure hereinafter
specified.
(2) In allotting persons to rocar cadres due regard shail
be had to ail or any
of the following, namely;
(a) the administrative needs of the posts in the local cadres :

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(b) the need for the composition of balanced local cadres with reference to
age and seniority groups;
(c) the length of service of the persons concerned in the part of the State
for which the local cadre is organised.
(d) knowledge of the persons concerned of the language spoken and the law
in force in the part of the State for which the local cadre is organized;
e) preference of the persons concerned for allotment to any local cadre,
where feasible.
(3) The State Government may, in respect of different departments and

different categories of posts, constitute committees to advice on the

allotment of persons to local cadres.


(4) Any person aggrieved by an order allotting him to any local cadre may
submit a representation to the state Government within a period of sixty
days from the Date of communication of the order.
5) The State Government shall on receipt of such representation and after
consultation with the appropriate committee constituted under subparagraph
(3) make such order as it deems fit.
provided that wherever such an order is likely to result in the change of
giving an
allotment of any other person, no such order shall be made without
opportunity to that other person to make a representation'
(6)EveryorderpassedbytheStateGovernmentundersub-paragraph(5)
shall subject to the provisions of clause (3) of article 371-D of the
Constitution of India, be final.
5. Local cadres and Recruitment or Appointment of Persons:-(1)
Each

part of the State, for which a local cadre has been organised in respect
of

any category of posts, shall be a separate unit for purposes of


recruitment'

appointment, discharge, seniority, promotion and transfer'


and such other

matters as may be specified by the State Government' in respect


of that
category of Posts.

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(2) Nothing in this order shall prevent the State Government from making
provision for;
(a) equitable opportunities to persons in all local cadres in the matter of
promotion to higher posts;
(b) the transfer or appointment by transfer of a person from any local cadre
to any office or Establishment to which this Order does not apply, or Vice
Versa;
(c) the transfer of a person from one local cadre to another local cadre on
spouse grounds.
(d) the transfer of a person from one local cadre to another local cadre on a
reciprocal basis subject to the condition that the person so transferred shall
be assigned seniority in the latter cadre with reference to the date of his
transfer to that cadre.
(e) the transfer of a person from one local cadre to another local cadre
where no qualified or suitable person is available in the latter cadre for where
such transfer is otherwise considered necessary in the public interest.

5. Local Areas ;-(1) Each district shall be regarded as a local area.


(i) for direct recruitment to posts in any local cadre under the State
Government comprising all or any of the posts in any department in the
district belonging to the category of a Junior Assistant or to any other
category equivalent to or lower than that of a Junior Assistant.
(ii) for direct recruitment to posts in any cadre under any local authority
within that district carrying a scale of pay, the minimum of which does not
exceed the minimum of the scale of pay of a Junior Assistant or a fixed pay
not exceedlng that amount.
(iii) For direct recruitment to all the posts in the Andhra pradesh school
Education subordinate services and all other similar/equivalent categories of
posts of teachers under any Department of the State Government.
(iv) For Direct recruitment to all posts of teachers under a local authority or
such other under any management, as may be notified by the State
Government from time to time, carrying a scare of pay equar to that of the
posts in the Andhra Pradesh school Education subordinate services,,,

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(2) Each Zone shall be regarded as a local area,-
(i) for direct recruitment to the posts in any local cadre under the State
Government comprising all or any of the posts in any department in that
Zone belonging to each category above the category of Junior Assistant and
inclusive of the category of superintendent and all first level Gazetted or
equal cadre and categories of posts exceeds scale of Junior Asst, but does
not exceed the scale of pay of first level Gazetted each of the other
equivalent categories in each departmenU
(ii) for direct recruitment to posts in any cadre under any local authority
within that zone, carrying a scale of pay, the minimum of which exceeds the
minimum of the scale of pay of Junior Assistant but does not exceed the
minimum of the scale of pay of first level gazetted in Government
department:
provided that where a single cadre has been organized for two or more zones
under sub-paragraph (6) of paragraph 3 of posts belonging to any of the
categories referred to in clause (i) or clause (ii,) each of such zones shall be
regarded as separate local area in respect of such cadre.
(3) Each Multi Zone shall be regarded as a Local Area:-
(i) for direct recruitment to the posts in any local cadre under the state
Governmentcomprisingalloranyofthepostsinanydepartmentinthat
Multi-Zone belonging to each category above the category of superintendent
and also above the category of first level Gazetted and upto and inclusive of
category of Deputy collector and each of other equivalent categories in
each Department;
(ii) for direct recruitment to posts in any cadre under any local authority
within that Multi-Zone, carrying a scale of pay, the minimum of which
exceedstheminimumofthescaleofpayofSuperintendentinGoVernment
pay of first
department and also the category of posts exceeds the scale of
level Gazetted but does not exceed the minimum scale of Pay of Deputy
Collector in Government Departments'

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7. Local Candidate :-(1) A candidate for direct recruitment to any post
shall be regarded as a local candidate in relation to a local area,-
(a) in cases where a minimum educational qualification has been
prescribed for recruitment to the posts,-
(i) if he has studied in an educational institution or educational institutions
in such local area for a period of not less than four consecutive
academic years ending with the academic year in which he appeared
or, as the case may be, first appeared for the relevant qualifying
examination; or
(ii) where during the whole or any part of the four consecutive academic
years ending with the academic year in which he appeared or as the case
may be first appeared for the relevant qualifying examination he has not
studied in any educational institution, if he has resided in that local area for a
period of not less than four years immediately preceding the date of
commencement ofthe qualifying examlnation in which he appeared, or as
the case may be, first appeared.
(b) In cases where no minimum educational qualifications has been
prescribed for recruitment to the post, if he has resided in that local area for
a period of not less than four years immediately preceding the date on which
the post is notified for recruitment.
Explan atio ns :- For the purpose of this paragraph,-
(i)'educational institution' means a University or any educational institution
recognized by the State Government, a university or other competent authority;

(ii) relevant qualifying examination in relation to a post means,_

(a) the examination, a pass in which is the minimum educational qualification


prescribed for the post;
(b) the seventh class examination or an examination declared by the
state
Government to be equivalent to the seventh class examination; whichever is
lower

B
(iii) in reckoning the consecutive academic years during which a candidate
has studied, any period of interruption of his study by reason of his failure
to pass any examination shall be disregarded;
(iv )the question, whether any candidate for direct recruitment to any post
has resided in any local area shall be determined with reference to the places
where the candidate actually resided and not with reference to the residence
of his parents or other guardian.
(2) A candidate for direct recruitment to any post who is not regarded as a

local candidate under sub-paragraph (1) in relation to any local area


shall,-
(a) in cases where a minimum educational qualiflcation has been
prescribed for recruitment to the post,-

(i) If he has studied in educational institutions in the state for a period of


not less than seven consecutive academic years ending with the
academic year in which he appeared or as the case may be, first
appearedfortherelevantqualifyingexaminationberegardedasalocal
candidate in relation to,-
(A)Suchlocalareawherehehasstudiedforthemaximumperiodoutofthe
said period of seven Years; or
(B) Where the periods of his study in two or more local areas are equal'
periods;
such local areas where he has studied last in such equal
(ii) If during the whole or any part of the seven consecutive academic years
endingwiththeacademicyearinwhichheappearedorasthecasemaybe
first appeared for the relevant qualifying examination, he has not studied
in

theeducationalinstitutionsinanylocalarea,buthasresidedintheState
as a local
during the whole of the said period of seven years' be regarded
candidate in relation to,-
(A) Such local area where he has resided for the maximum period out of

the said Period of seven Years; or

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(B) Where the periods of his residence in two or more local areas are equal,
such local area where he has resided last in such equal periods;

(b) In cases where no minimum educational qualification has been


prescribed for recruitment to the post, if he has resided in the State for a
period of not less
than seven years immediately preceding the date on which the post is
notified for recruitment, be regarded as a local candidate in relation to,-
(i) such local area where he has resided for the maximum period out of the
said period of seven years; or
(ii) where the periods of his residence in two or more local areas are equal
such local area where he has resided last in such equal periods.
(c) In cases where Blindness and Low vision and, Deaf and Hard of hearing
persons studied in the special schools meant for them, the native place of
the parents of such Blindness and Low vision and, Deaf and Hard of hearing
persons.
(d) Not withstanding anything contained in the Presidential Order, if any Govt servant is
posted outside the State, the children of the such Government servant studied other
than A.P., has right of choosing local area of his/her father or mother or any other
area i,e chosen by the Government servant. Exercise of option will be given a one
time to all the Government servants.
8. Reservation in the matter of Direct Recruitment:-(1) 95 o/o of the posts
to be filled by direct recruitment at any time,-
(a) in any local cadre under the State Government comprising posts
belonging to the category of Junior Assistant or a category equivalent to or
lower than that of Junior Assistant;
(b) in any cadre under a local authority comprising posts carrying a scale of
pay the minimum of which, or a fixed pay which does not exceed the
minimum of the scale of pay of a Junior Assistant ;
(c) in any local cadre all posts under the school Education subordinate
service and all other sim ilar/equivalent categories of posts of teachers under
any Department of the State Government.
(d) In any local cadre all posts of teachers under a local authority or such
other under any management, as may be notified by the State Government

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from time to time, carrying a scale of pay equal to that of the posts in the
Andhra Pradesh School Education Subordinate Services.
(2) 95o/o of the posts to be filled by direct recruitment at any time,-
(a) in any local cadre under the State Government comprising all or any of
the posts in any department in that Zone belonging to each category above
the category of Junior Assistant and up to and inclusive of the category of
superintendent and all first level Gazetted or equal cadre and categories of
posts exceeds scale of Junior Asst, but does not exceed the scale of pay of
first level Gazetted each of the other equivalent categories in each
departmenU

(3) the posts to be filled by direct recruitment at any time:


95olo of
(a) in any local cadre under the State Government comprising all or any of
the posts in any department in that Multi-Zone belonging to each category
above the category of Superintendent and also above the category of first
level Gazetted and upto and inclusive of category of Deputy Collector and
each of other equivalent categories in each Department;
(ii) in any cadre under any local authority within that Multi-Zone, carrying a
scale of pay, the minimum of which exceeds the minimum of the scale of
pay of Superintendent in Government department and also the category of
posts exceeds the scale of pay of first level Gazetted but does not exceed
the minimum scale of Pay of Deputy Collector in Government Departments.
(4) Notwithstanding anything contained in the foregoing provisions of this
parag raph, -
(a) there shall be at least one post left un reserved out of the posts filled by
direct recruitment at any time to any local cadre; and
(b) there shall be, as far as possible, at least one post allocated for the local
candidates in respect of each local area.
(3) 95 % of the posts to be filled by direct recruitment at any time ,-

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(a) in any local cadre under the state Government comprising all or any of
the posts in any department in that Multi-Zone belonging to each category
above the category of Superintendent and also above the category of first
level Gazetted and upto and inclusive of category of Deputy collector and
each of other equivalent categories in each Department;

(b) in any cadre under any local authority within that Multi-Zone, carrying a
scale of pay, the minimum of which exceeds the minimum of the scale of
pay of Superintendent in Government department and also the category of
posts exceeds the scale of pay of first level Gazetted but does not exceed
the minimum scale of Pay of Deputy Collector in Government Departments.

(4) Notwithstanding anything contained in sub-paragraphs (1) and (2),


where in respect of any of the categories referred to in the said paragraphs a

singte cadre has been organised for two or more districts or zones under
sub-paragraph (6) of paragraph 3, 95o/o of the posts to be filled by direct
recruitment at any time in such cadre shall be reserved in favour of and
allocated amongst the local candidates in relation to each of the local areas
in respect of such cadre in the ratio as prescribed by the State Government
basing on the population of such local areas.

(5) while determining under this paragraph the number of posts to be


reserved in favor of Local candidates any fraction of a post shall be counted
as one.

(6) While allocating the reserved posts amongst the candidates in relation
to different local area fractions of a post shall be adjusted by counting
successively the fractions in descending order of magnitude as one and
where the fraction to be so counted cannot be selected by reason of the

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fractions being equal the selection shall be by lot. (7) Notwithstanding
anything contained in the foregoing provisions of this paragraph,-

(a) there shall be at least one post left un reserved out of the posts filled by
direct recruitment at any time to any local cadre; and
(b) there shall be, as far as possible, at least one post allocated for the local
candidates in respect of each local area.

9. Carrv forward of reserved oosts:-

If a qualified local candidate in respect of a local area is not available to fill a


post reserved or allocated in favour of a local candidate in respect of that
local area, such post shall be carried forward for recruitment of a local
candidate in respect of that local area for period not exceeding three
years:
-
provided that pending recruitment of a local candidate -such post may be
filled in temporarily by borrowing the service of a person holding a post of
thesamecategoryinanyotherlocalcadreorunderanyotherlocalauthority
as the case maY be.

10. Power to Authorise to issue Directions : - (1) The President,


may,

byorder,requirethestateGovernmenttoissuesuchdirectionsasmaybe
necessary or expedient for the purpose of giving effect to this
Order to any

localauthorityandsuchlocalauthorityshallcomplywithsuchdirections.

(2) rhe State Government may, for the purpose of issuing any direction
under sub-paragraph (1) or for satisfying itself that any directions
issued

undersub.paragraph(1)havebeencompliedwithrequirebyorderinwriting
any local authority to furnish them such information' report
of particulars as

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may be specified in the order and such local authority shall comply with such
order.

11. Order to have over-riding effect : - The provision of this order shall
have effect notwithstanding anything contained in any Statute, Ordinance,
rule, regulation or other order made before or after the of this order in
respect of direct recruitment to posts under the State Government or any
local authority.

12. Removal of Doubts:- For the removal of doubts, it is declared


that nothing in this order shall affect the operation of provisions made by the
state Government or other competent authority before or after the
commencement of this order in respect of reservation in the matter of
appointments to posts in favour of any backward classes of citizens, the
schedule castes and Schedule Tribes in so far such provisions are not
inconsistent with this order,

13. certain appointment and promotaons to be provisionat:-Any


appointment or promotion made after the commencement of this order or
order made in pursuance of the provision to paragraph 3, as the case be and
before any local cadre has been organised under the provisions this order or
any order made in pursuance of the provision to paragraph 3, to any post
which is required to be included in such cadre shall provisional and shall,
within a period of twerve months after such organisation, be reviewed and
readjusted in accordance with the provisions of this order,

Explanation:- For the purposes of this paragraph, any local cadre shall
be
deemed to be organised with the alotment of persons to it under paragraph
4.

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14. Saving:- Nothing in this Order shall apply to :- (a) any post in the
Andhra Pradesh Secretariat of the State Government.,
(b) any post in an office of the Head of a Department.,
(c) any post in a special office or Establishment.,
(d) any post in a State-level office or institution.
(e) any Police post in the Commissionerate located in the Capital area.

SCHEDULE
(See para 2(lXO) and 8(4)

Zone I Srikakulam,
Vizianagaram
Parvathipuram Manyam
Visakhapatnam
Anakapalli
Multi-Zone-I Zone-II Alluri Sitarama Raju
East Godavari,
Kakinada
Konaseema
est Godavari,
Eluru,
Zone III NTR
Krishna.

Zone-IV untur,
lnadu,
Bapatla,
ulti-Zone-II Prakasam,
SR Nellore
Zone-V Tirupathi
Chittoor,
Annamayya,
IYSR Kadapa,
a ndyal
Zone-VI n anthapur,
Ku rnool
Sathya Sai

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