Contents

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Saturday, January 30, 2010

One Man Commission (SPF)



SUMMARY Of Final Report of One Man Commission (SPF), Sr. J.M. Girglani, IAS ( Retd.)

(Courtesy : http://www.telangana.org/Papers/article16.asp)

PART – 1

SECTION – A

Chapter – 1
This Chapter clears the confusion between Six Point Formula, Presidential Order on Public Employment and G.O.Ms.No.610 G.A (SPF.A) Dept., dated 30-12-1985. Often these are being used interchangeably without knowing the difference and distinction between them. The Presidential order is based on point 3 of the Six Point Formula. The extract title of the Presidential Order is " The Andhra Pradesh Public Employment ( Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 ( Presidential Order) dated 18th October, 1975. This Chapter also gives the scope of the Report, Viz. the deviations from the Presidential Order, grievances, remedial measures and safeguards. Time frame of the Report is 18th October 1975 to the present day, covering the entire State. The main causes of deviations are the dynamics of the administrative system sometimes bypassing the Presidential Order, oblivion and ignorance of the Presidential Order and lack of any monitoring or guiding machinery or a nodal agency. The deviations are arranged in terms of 18 "Deviation Genres" delineated into 126 findings and 35 sets of remedial measures. The Report in the First Volume contains Part –1, main Final Report and Part-2, further and Final Report on Implementation of the aforesaid G.O.Ms.No. 610, in continuation of the Preliminary Report that had been submitted to the Government within the stipulated period of 90 days, on 6th October, 2001. Volume_II contains the Appendices, Annexures and the proceedings issued by the Commission.

Chapter – 2
This Chapter gives various findings on the deviations with regard to Heads of Departments and other excluded organizations of para-14 of the Presidential Order and G.S.R 529 (E). Most of the deviations in the Findings pertain to expansion of the scope of Heads of Departments and excluded organization to bring into their fold more and more posts to place them outside the Local Cadres. Thus, the 51 Heads of Departments listed in the Annexure to G.O.P.No. 728 of 1- 11-1975, 54 in the Budget Manual, 66 in Financial Code and 78 in Fundamental Rules – got multiplied into 288 ( Planning Department's List), 174 (Finance Department's List), 145 (GAD's List). Even the Heads of Projects are treated as HODs. In a few cases, even the staff of the Regional Offices was treated as Head of Department office staff and placed outside the Local Cadres and the Presidential Order. Same was done in the case of some Institutes. The Report has listed out 102 HOD offices who alone are legitimately entitled to exclusion from localization of cadres under item (b) of Para 14 of the Presidential Order. Major Development Projects were originally kept out of the Presidential Order. On 3rd October 1985 Presidential Order was extended to them only to the extent of non-gazetted categories of staff leaving out AEEs and DEEs. Even posts not used for project works and posts in the projects where work was completed, continue to be labelled as Project Posts for keeping them out of the Local Cadres and out of the Presidential Order. All workcharged establishments of the Projects not engaged in Project Work is kept out of the local cadres. Posts under the new Projects (as for HMWS&SB) not even notified under G.S.R. 525 (E) are treated as Project posts and AEEs and DEEs are kept outside local cadres. Similarly, the fair share principle for deputations to posts in the excluded organizations laid down in G.O.P.No.728 G.A. (SPF.A) Dept., dated 1.11.1975 has been flouted. Deputation process has been very often misused.

Chapter – 3
This Chapter gives some Regional Offices that were shifted from Zones-V & VI to some other zones taking away all the posts from Zones-V & VI in the process of re-organisation of the Department. In one Department the Regional Offices were abolished and the posts taken to the Head Office putting them out of the purview of the Presidential Order and Local Cadres. In I & CAD Department some circles crisscross the Zones violating the Zonal cadre limits for posting and transfers. In Drugs Control Department their Regional offices violate Zonal bounds for postings, transfers, seniorities. Some Departments effect inter-zonal transfers in violation of para 5 (2) limitations where a Region has more than one Zone within it.

Chapter – 4
This Chapter deals with Urban Development Authorities. The Presidential Order has made specific provisions regarding HUDA. But other Urban Development Authorities continue to remain outside the Presidential Order and outside Local Cadres. They have to be brought under Presidential Order like HUDA. QQSUDA may be brought under G.S.R. 528 (E) for direct recruitment posts. Deputation posts may be taken from the City Cadre.

Chapter – 5
This Chapter deals with Units of Appointment and Local Cadres. In some Departments there prevails some confusion regarding Units of Appointment and Local Cadres. These two should not criss- cross. There are examples of such criss-cross. Direct recruitment, seniorities etc. can be done among the units of appointment but without crossing the Local Cadre bounds. In some Departments this has not happened. Some of them have even thought that Units of Appointment are Local Cadres.

Chapter – 6
This chapter deals with cross-cadre movement through transfers, deputations and posting employees "On other Duty". Transfers have been the cause of complaint particularly from Zone-IV. Government has recently banned transfers. But, this will have some social side-effects in matters of matrimony etc. The Andhra Pradesh High Court in a Judgement on Police Officers has laid down some sound principles to be observed for transfers. Essentially the High Court advises strict circumspection. This Commission has suggested some formula to offset the loss of opportunities to the Local candidates through the influx of people coming on transfer and also to contain such influx in Zone-VI and similar areas of influx. Deputations have proved to be a rather disconcerting source of deviations from the Presidential Order. The fair share principle of para 9 (B) of the aforesaid G.O.P. 728 dated 01.11.1975 has been almost completely ignored. There are indications of deputations being used as the substitute for transfers and also some undesirable motivations. In the case of Projects, deputations are resorted to even where the posts have ceased to be utilized for Project work and have become departmental posts and also where even the Projects have been completed though not notified as such. In some cases, all the rules about deputations laid down in the Fundamental Rules and the General Service Rules have been indiscriminately flouted to churn out promotions. From one post multiple promotions have been churn out promotions. From one post multiple promotions have been churned out by sending persons on deputations, filling the same post by promotion and keeping up the chain of promotions and deputations. Deputations from excluded organization to other excluded organizations have curtailed the opportunities of the local candidates which the fair share principle would have provided them. Deputations as a source of deviations need stringent vigilance. Damage done has to be set-right. "On other Duty" has also been misused as a devise for inter-cadre movement. Even irregular promotions have been given to people on other duty outside their own local cadres. Instances were found in Irrigation Department.

Chapter – 7
This Chapter is devoted completely to a discussion on workcharged establishment. Right from the beginning before and after the promulgation of the Presidential Order to date, workcharged employees have been kept out of the purview of the Presidential Order for no reason at all. They are "civil posts" in all connotations of this term and the Presidential Order should have been applied to them, but this has not been done. Till 03.10.1985 Major Development Projects were kept out of the purview of the Presidential Order. But once the Presidential order was extended to these Projects there was no justification for keeping workcharged establishments outside the Presidential Order in the Projects. In the regular departments right from beginning there was no justification for such exclusion. Today, their number is 40,870. Of these 17,161 are in Irrigation, 5849 in Roads & Buildings Department, 6860 in Panchayat Raj Engineering Department and the rest in other departments. Surplus staff including a part of the workcharged establishment totalling to 21,866 has also been kept outside the Presidential Order while absorbing them in regular posts. Such exclusion is even more unjustifiable. These have to be brought under the Local Cadres.

Chapter – 8
This Chapter deals with gazetting of posts and specified gazetted category. After the Presidential Order many non-gazetted posts have been gazetted thus taking them away from the purview of Presidential Order and zonal cadre and also depriving local candidates of 70% reservation. It is suggested that the Government of India's orders may be obtained that all such posts shall retain their character as zonal posts and 70% reservation for locals. This Chapter also suggests an important principle of immutability of the original local character of a post as it stood on 18.10.1975. In G.O.Ms.No.610 G.A. (SPF.A) Dept., dated 30.12.1985 (regarding Zones V & VI) and also G.O.Ms.No.564 G.A. (SPF.A) Dept., dated 05.12.1985 (regarding Zone IV) both carry an assurance for considering the inclusion of first gazetted posts in the specified gazetted category that will make them zonal posts. In fact, the third point in Six Point Formula also stipulates first or second gazetted category (as may be decided for each department), to be included in the specified gazetted category. Therefore it is obligatory to act on this stipulation. Presently, many departments first or second gazetted level stands excluded from the specified gazetted category. On the two issues in this Chapter, it is advisable to take immediate action. Immediate action is also called for to stop any further gazetting of non-gazetted posts.

Chapter – 9
This Chapter deals with compassionate appointments. None of the 35 G.Os on the subject stated that in making such appointments Presidential Order should be followed or that only local candidates should be appointed to concerned local Cadres. On the other hand, some of the G.Os carry instructions to the contrary which are in clear contravention of the Presidential Order. The wrong action taken so far in this regard should be reversed and for the future proper instructions may be issued.

Chapter – 10
This Chapter clarifies that City of Hyderabad which is provided for as a separate " City cadre" in respect of certain posts specified in G.S.R. 528 (E), is specifically defined in terms of Panchayats in the First Schedule to the Presidential Order. This is slightly different from the Hyderabad District to which Hyderabad District Cadre Posts belong. The Hyderabad District comes under Zone VI. City of Hyderabad is by itself the local area for District Cadre posts as well as zonal posts. A third entity, which should be distinguished from these two entities, is the Municipal Corporation of Hyderabad. Some wrong postings and promotions have been given due to this mix up. Since, many of the Panchayats in the Schedule of City of Hyderabad have become Municipalities, it is necessary to revise the Schedule delineating the Panchayats in terms of corresponding Revenue villages. Undue benefits or deprivations arising out of the mix up may be reviewed and revised.

Chapter – 11
This Chapter deals with the role of Employment Exchanges and shows that they were not expected to verify or record the local status of the candidates registering with them. Some departments doing direct recruitment or temporary appointments have relied on Employment Exchanges without themselves verifying the local status of the candidates. This has led to the charge of "bogus registrations" in Employment Exchanges. The issue of bogus certificates is also dealt with in this Chapter and it is suggested that institutional level verification of certificates of selected candidates should be done. Similarly, certificates issued by MROs should also be subjected to field verification.

Chapter –12
This Chapter deals with recruitments and allotments that need on-going scrutiny. These pertain to : (1) departments and posts kept outside the purview of the Andhra Pradesh Public Service Commission and / or District Selection Committees; (2) departments with multiple wings but with integrated cadre (3) "umbrella" departments with integrated cadre (4) where a new dispensation is introduced as in case of Panchayat Secretaries. Deviations from the Presidential Order have been noticed in all such organizations, particularly in Sericulture Department. In this regard the most glaring case is that of Panchayat Raj Engineering Department who recruited directly AEEs from among Work Inspectors of their workcharged establishment from the year 1991 to 95 without applying the principle of local candidate for local cadres. These appointments have to be now set right in the manner proposed by the Commission. In Irrigation Department irregularities have come to light. There is case of 102 engineers represented by Hyderabad Engineers Association. It turned out to be pending appeal against initial allotment which was a justified appeal. But action has not been taken on this case. The SP, Karimnagar District had considered 20% to be a reservation for non-locals. The recent appointment of Panchayat Secretaries has been done under G.O.Ms.No. 369 PR&RD (Mandals.II) Dept., dated 12.12.2001. The G.O. has not stated that these appointments should follow the rule of local candidates for local cadres. It has completely overlooked the Presidential Order. The appointments are all in-service appointments. These need to be reviewed and rearranged in terms of localization of cadres.

Chapter –13
This Chapter pertains to some miscellaneous deviations. The backlog of the vacancies reserved for locals in R.R. District were not reserved 100% for locals but were again subjected to 80 : 20 ratio of locals : merit candidates which was incorrect. This should be set right and shortfall made good. It was complained that ITDAs thousands of teachers recruited were non-locals. But the District Collector reported that the services of non-locals and non-tribals had been terminated. Government may check up all these facts. In Government hospitals ANMs allotted by Andhra Pradesh Public Service Commission were non-locals for want of local candidates. The Director of Health informed that more training facilities have been created for nurses in the State. College Service Commission erroneously treated Junior Lecturers as zonal posts and also applied 60% reservation, even after they had been gazetted. The `benevolent' error was continued by APPSC. It may be regularized through the general order suggested regarding all newly gazetted posts in Chapter – 8. There has been contravention of the Presidential Order in the year 1985 by recruitment of non-locals to three model residential polytechnics in the Scheduled areas. The Commissioner of Sericulture has also committed such contraventions. All these contraventions have to be reversed and set right.

Chapter –14
This Chapter deals with mechanism to ensure implementation and monitoring of Presidential Order. It is suggested that first and foremost, two fundamental safeguards should be declared unequivocally. First, and the most important is principle of immutability local character of a post as it stood on 18.10.1975. Second, the scope of the Presidential Order as originally promulgated should not be changed. The framework of safeguards is elaborately described in this Chapter. The immediate and impact measures suggested are : (1) to halt recruitment and promotions to the posts up to specified gazetted categories level in the present offices of the HODs until the rectification suggested in Chapter – 2 is carried out and also to halt further gazetting of posts, further compassionate appointments and further absorption/redeployment of surplus staff and further deputations – till remedial measures suggested for these matters are carried out. (2) taking immediate prospective action under the 35 sets of "Remedial Action" in the Report. (3) taking immediate action for the deletion of item (e) of Para 14 of the Presidential Order , and G.S.R. 525 (E), so as to bring the Projects totally under the Presidential Order. (4) to set right the maladies indicated in various findings before resuming the normal process of recruitments, promotions etc. (5) taking immediate redressal action on the individual petitions as per proceedings in Vol. II of this report. (6) appointment of appropriate Implementation and Monitoring Body to initiate action on the Report. (7) providing for certain entries in Service Registers to guard against future deviations. (8) providing for certain particulars to be stipulated in all appointment orders. Long term measures (1) a House Committee (2) A Cabinet Sub Committee and (3) an autonomous Implementation and Monitoring Authority (IMA) and making G.A (SPF) Department the nodal and guiding agency. (4) A Complete training programme for all levels (5) Opening of a website (6) making copies of the Final Report available to all Secretariat Departments, HODs and Collectors as a guidelines book.

Chapter –15
This Chapter is the conspectus. The Commission has mooted the idea of persuading some of the big Corporations to adopt the principles of the Presidential Order through their own Board resolutions as was done by APDDCF Ltd. The main point in this is with regard to retrospective action on the findings. The consensus route as followed in Karnataka could be thought about to avoid unending and long winding litigations. No one can say who lost how much and who gained how much till the departments work out these factors in respect of each finding.

Section – B

Report on implementation of G.O.Ms.No.610 G.A. (SPF.A) Dept., dated 30.12.1985.
Para 5 (1)
This Part is in continuation of the Preliminary Report on the subject. Statistically even the figures of locals and non-locals collected by the department of planning show percentage of non-locals in zones V and VI ranging between 3.42% and 11.63%. Hyderabad District shows just below 20%. The question is not the number of non- locals or the percentage but how many of the non-locals are there in violation of the Presidential Order. For this, one has to go to the Main Final Report which has brought out all the deviations and leakages from the Presidential Order. The gigantic task of working out the actual number of the locals deprived through deviations under each of the 126 findings under the 18 deviation genres, in each particular local area (district or zone, as the case may be) and those who benefited in each particular district or zone, has necessarily to be carried out by the concerned departments.
Para 5 (2)
The commitment of the Government under this para to bring three Projects under the Presidential Order remains partially unfulfilled as AEEs (and concomitantly DEEs) and the workcharged employees have not been brought under the Presidential Order. Even the posts of these categories not being utilized in the Projects due to completion of works still continue to be outside the purview of the Presidential Order. The immediate action proposed is to get deleted item (e) of the Para 14 of the Presidential Order along with G.S.R. 525 (E), so that the Projects will be fully under the Presidential Order. The retrospective effect to 1983 was not given. It appears to be of no consequence even if it is given.
Para 5 (3) (a) & (b)
The appeal of 102 AEEs and DEEs brought before the Commission by Hyderabad Engineers Association is pending and the department has also found it to be tenable. Immediate orders seem to be called for.
Para 5 (4)
The demand for bringing all the first gazetted posts under the Presidential Order under specified gazetted categories (Third Schedule) is justified, as it is a commitment under Point-3 of the Six Point Formula. The gazetting of posts after 18.10.1975 should be stopped and those gazetted should be restored their original local zonal status and 70% reservation for local candidates by obtaining Government of India's orders to this effect. Immutability of the local status of a post as of 18-10-1975 has to be strictly observed.
Para 5 (5)
The Government's commitment in this para is only a reiteration of para 9 (B) of G.O.P. 728 dated 01.11.1975. The Commission has observed that this has been by and large observed in the breach. Para 5 (6)
Government has issued orders from time to time to regulate the inter-cadre transfers but they still tend to be quite large in number. The Government has now banned such transfers. The A.P. High Court has laid down very sound principles to be observed for transfers. In the main Final Report (Part – 1) in Chapter – 6 this Commission has given some practical suggestion that could mitigate the grievance on account of transfers.
Para 5 (7)
The most concrete and glaring case is that of 694 AEEs taken by Panchayat Raj Engineering Department without following the local candidate and local cadre rules. This should be set right as proposed by the Commission in Chapter – 12 of the main Final Report (Part– 1). Also the cases of Sericulture Department may be set-right.
Para 5 (8)
No cases have come to light under this para.
Para 5 (9)
It is not possible under the Presidential Order to take non- local of the same zone or multi zone in a particular local cadre. The principle of immutability of the Presidential Order will ensure proper implementation of the Presidential Order.
Para 5 (10)
There are very few persons now who were employed from other zones for want of trained personnel. These are mainly nurses. Training facilities for nurses have been augmented.
Para 5 (11)
There are no cases under this para.
Para 5 (12) (a)
This sub-para is already complied with.
Para5 (12) (b)
The Supreme Court judgement was received. This para stands complied with.
Para 5 (13)
The facts in this para were not correct and this was communicated to TNGOs Association for their comments but they too have not refuted the official version. This para needs no further action.
Para 5 (14)
In its Preliminary Report the Commission had recommended action to be taken on this para. The latest report of the Department of the Public Health Engineering given to the House Committee (of which this Commission has obtained a copy) seems to be rather misleading on the very face of it. It appears that no action has been taken as yet on the Commission's finding in this regard, in the Preliminary Report. Conclusion It may be stated that implementation of G.O.Ms.No.610 with regard to para 5 (1) would mean remedial action on the various findings in the main Final Report (part –1). To the extent that zones V and VI are affected such action would mean implementation of this para. Implementation of sub-paras 7 to 13 of Para 5 is either completed or does not arise. Sub-Paras 2 to 6 of Para 5 are not confined to zones V and VI alone. But are a part of the deviations contained in the Main Final Report, in which all the zones and all the districts are involved. Implementation of these sub-paras would be a part of the implementation of the main Final Report. Who are the losers and who are the beneficiaries ? Until each findings is taken up for remedial action no one can say which are the local areas (districts/zones) whose local candidates have been the losers/gainers. One thing is certain that Zones V and VI are not the gainers, but the losers. The deviations in Chapter-1 of the main Final Report and also in Chapter – 6 have adversely affected Zone VI.

* * * * *

PART – 2

Chapter –16
Heads of Departments (HODS)
Finding No. 23-A : A sampling of 17 Head of Department Offices shows that LDC level and upwards, District Cadre and Zonal Cadre posts approximately 50% only are held by locals. By extrapolation, Heads of Departments which do not qualify for HOD status under Presidential Order have deprived locals of their reservation at 80% / 70%.
Regional Offices :
Finding No.40-A : The provision under Para 5 (2) (b) of the Presidential Order, incorporated in AP Ministerial Service Rules as Rule 16 – A, has been mutilated out of context and mis-applied for inter-zonal transfers within a Region. It does not permit inter-cadre transfers either between districts or between Zones even within a Region. The Rule is only to facilitate transfers between the Regional Office and the subordinate offices and vice versa.
Unit of Appointment / Local Cadre
Finding No.47-A : Promotions were given to the Village Development Officers, Grade-II to the posts of Village Development Officers, Grade-I (both zonal posts) with district as a unit, not the Zone as contemplated under the Presidential Order.
Cross Cadre Movement
Finding No.48-A/ 48-B/ 48-C : Initial appointment and later regularization of Part-time Lecturers was made without observing the Presidential Order with regard to local area or reservation of local candidates.
Finding No.51-A : Inter zonal transfers of Town Planning Officers by the Director of Town and Country Planning without the permission of the Government in violation of Para 5(2) of the Presidential Order have been brought to the notice of Government.
Finding No. 51-B : In the department of Treasuries and Accounts persons were transferred from Zones to the Head of Department office when the rules have no provision for such transfers as per Para 5(2) (a) of the Presidential Order in violation of the Presidential Order.
Deputations and Fair Share Principle
Finding No.68-A/68-B : In violation of Presidential Order, posts are transferred from local cadres to HOD officers and utilized there (1) In the Information and Public Relations Department (2) In Co- operative Department where posts of Cooperative Sub-Registrars are being utilized in HOD office.
On Other Duty (OD)
Finding No. 73-A : Five posts of Lecturers in the Collegiate Cell of the SCERT (a State Level Office as per GSR 527), were treated as "Floating posts" in G.O.Ms.No. 572, Education, dated 24.05.1976 in deviation of the Presidential Order., Finding No. 73-B : Division IV of Special Design Circle of Irrigation & CAD Department, located in the City was misused for bringing people from other Zones to the City "on other duty" and kept there in violation of the Presidential Order.
Work Charged Establishment
Finding No.86-A : Work-charged employees have not only been appointed in disregard of the Presidential Order but also continued to be treated as out-side the Presidential Order. They are being transferred from anywhere to anywhere, regardless of their local status.
Gazetting of Posts and Specified Gazetted Category
Finding No.97-A : The post of Horticulture Officer, originally Assistant Agriculture Officer, became Horticulature Officer on bifurcation of Agriculture Department. Hence Horticulture Officer post should also be brought under the 60% reservation along with the posts specified in Para 8 (3) of the Presidential Order, retrospectively. Finding No.97-B : Some posts that were non-gazetted on 18-10-75 and were gazetted thereafter, continue to be treated as Zonal posts and also with reservation of 70% in direct recruitment. However, to legalize their immutable status amendments are to be made to Para 2 and Para 8 of the Presidential Order, duly obtaining orders of Government of India.
Compassionate Appointments
Finding No.102-A : Compassionate Appointment on medical invalidation, are also a direct recruitment. The Presidential Order should apply to them as to all direct recruitments.
Miscellaneous Deviations
Finding No.126-A : Misinterpretation of the _expression "local cadre" had occurred in School Education. This connotation has been set right by the Government on a reference from this Commission.
Post of Associate Lecturer in Polytechnics
Finding No.126-B/ 126-C : The post of Associate Lecturer created to replace two non-gazetted categories, should continue to enjoy the Zonal status as well as 70% reservation for locals regardless of being gazetted and regardless of later re-designation as Lecturer, as per the principle of immutability of a post under Presidential Order. The original post of `Lecturer' having been redesignated as "Senior Lecturer" in 1998 should be included in Third Schedule by the new designation retrospectively since that date. Government of India's orders are to be obtained in this regard. Finding No.126-D : Where a new Organization come under the purview of the Presidential Order for the first time, local cadres should be formed following the procedure laid down under Para 3 and Para 4(2) of the Presidential Order. Finding No.126-E/ 126-F : Many Departments have no Service Rules still—viz., Civil Supplies Department, Treasuries and Accounts Department, State Audit Department and some other Departments. Service Rules have not yet been revised on the basis of the recommendations of the One Man Commission of Sri Sundaresan, IAS (Retd.), which should be expedited through a special drive.


J.M. GIRGLANI, IAS (Retd.)
ONE MAN COMMISSION (S.P.F)
Hyderabad
Dated : 21st Sept. 2004

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