GOVERNMENT OF ANDHRA PRADESH ABSTRACT Social Welfare Department - Public Services - State an,j S\;!bordinate' Services - Rule of Reservation in promotions in favour of Scheduled C8stes and Sclleduled Tribes - under ArtiCle 16(4A) of the Constitution of india - Orders - Issued, ........................................................ : .
~ SOCIAL WELFARE (SW.ROR.1)DEPARTMENT G.O.Ms. No.5, Dated: 14th FElbruary, 2003 • Read the following:
1. Tile Constitution (Eighty Firth Amendment) Ac:, 2001 to Article 16(4A) .
2. G.O.Ms. NoAl, Social Welfare (CV.1) Department, dated 31-5-2000.
ORDER:
Article 16(4A) of the Constitution as amellded by the Constitution (Eighty Fifth Amendment) Act, 2001 reads as follows:
"16(4A): Notlling in this article shall prevent tile State from making any provision for reservation in matters of promotion, willl consequential seniority, to any class or classes of posts . in the services under the State in tavour of the Scheduled Castes and Scheduled Tribes which, in the opinion of tile State, are not adequately represented ill the service under the State".
2. The said Amendment to the Constitution has been made with an objective of making a provision for reservation in matter of promotion witll consequential seniority to any class or cl,lsses of posts in the services under the State in favour of Scheduled Castes and Scheduled Tribes which in the opinion of the State, are not adequately represented in the service under the State. .
3. In view of the said amendment to the Constitution of India and the demand for rule of reservation in promotion in favour of Scheduled Castes and Scheduled Tribes 'from various Service . Organisations of Scheduled Castes and Scheduled Tribes, to all categories of posts in all departments has been examined by the.
Government. .
4. The Government after careful consid"eration, have decided to implement. rule of reservation in promotion to ensure ~dequate represenlation of the Scheduled Caste and Scheduled Tribe cnlployees, Ie. 15% and 6% respectively in all categories of posts in all departments. The Government therefore direct that;
a) Reservation shall be implemented. in favour of Scheduled Castes and Scheduled Trib~s in promotion in all categories of posts in all State Government departments with immediate effect.
lJ) Reservation in promotion in favour of Scheduled Castes and Scheduled Tribes is applicable to all categories or cadres whose cadre strength is more than five.
c) The eY.isling 100 point roster already prescribed in Rille 22 of the Andllra Pradesh State and Subordinate Service Rules by the State.
Governillent shall be followed in cases of promotion in all the categories where reservation in promotion in favour of Scheduled Castes and Scheduled Tribes is followed.
d) Reservatioll in promotion in favour of Scheduled Castes and Scheduled Tribes shall be prospective and shall be made applicable to the posts to be filled up. As on the date of issue· of these orders, the Panel year for 2002-2003 has already 1stcommenced from September, 2002· and therefore tile panels already prepareLf and given effect shall not be disturbed. The Panels which me not yet prepared sllall now be prepared based_.
all rule of reservation in promolioll and Panels prepared and not given effect to, shall be reviewed on the principle of reservation in promotion in favour of Sclleduled Castes CJnd Scheduled Tribes.
e) Reselva\ioll in promotion in favour of Scheduled Castes and Scheduled Tribes shall be applicable to those candidates who are fully qualified and 2 ,.
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eligible to hold the post as per existing Rules and guidelines.
f) Reservation in promotion in favour of Scheduled Castes and Scheduled Tribes shall also apply to oUler' institutions in which reservatic'n in respect of Scheduled Castes and Scheduled Tribes is followed.
• g) DetEliled guidelines on filling up the roster points based on the rule of reservation in promotions wi!1 be issued separately.
5. Appropriate amendment to Rule 22 of the Andllra Pradesh State Elild Subordinate Service Rules,1996 will be issu.ed separately.
(ElY orWEr{ I\ND IN THE NAME OF GOVERNOR OF ANDilRA PRADESH) SATHI NAIR, Chief Secretary to Government To:
~\II Department of SecretElriat, AP Hyderabad All Heads of Departments All District Collectors The Secretary, A.P. Public Service Commission, AP Hyderabad The Registrar, Andllra Pradesh High Court, AP Hyderabad TI18 Registrar, Andhra PrEldesh Administrative Tribunal, AP Hyd .'\11 Registrars of ali Universities in the State ;\11 tvlanaging Directors of Public Sector Undertakings in A.P.
The Commr. of Prilltillg and StationerY,for publication in AP Gazette PS to Chief Secrelclry to Government, Genl. Admn. Department PS \0 Secretary to Government(Poll), Genl.Admn. Dept PS to Secretary to Go'/ernlllellt(Ser), Genl. Admn. Depi.lrtment PS to Secretary to Governmellt, Law Department PS to Principal Secretary to Governent, Social Welfare Department PS to Secretary to Governlllellt(TW), Social Welfare department PS to Principal Secretary to C.M.
PS to Speci,,1 Secretary to CM., AP HyderabEld ,oS to rvlillister [or Soci,ll Welfare, AP Hyclerabad PS to ~/Iillister for Triballf'.'elfare, AP Hydcrabi.ld Ail Sections in Soci:ll Welfi:lre Del)<:lrtrncnt ,\11 Sections ill Genl.i\c!IllIl. DopClrlmcnt liFOr.~V1.'.\rml:O BY ORDER" SECTION OFFiCER