21.07.2013 Views

CCSAP Report - Ministry of Home Affairs

CCSAP Report - Ministry of Home Affairs

CCSAP Report - Ministry of Home Affairs

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

Public Employment (Requirement to Residence) Rules, 1959, for<br />

domiciles <strong>of</strong> Telangana region will be immediately relieved from<br />

service. The posts so rendered vacant will be filled by qualified<br />

candidates possessing domicile qualifications and in cases where such<br />

candidates are not available the posts shall be left unfilled till qualified<br />

domicile candidates become available. Action on the above lines will be<br />

taken immediately.<br />

• All non-domicile employees so relieved shall be provided employment<br />

in the Andhra region without break in service and by creating<br />

supernumerary posts, if necessary.<br />

5.16 The Judiciary and the Public Employment (Requirement as<br />

to Residence) Act, 1957<br />

5.16.01 In order to give effect to the above safeguards, the Government <strong>of</strong><br />

Andhra Pradesh passed an order 9 on January 21, 1969, whereby all non-domicile<br />

persons appointed on or after November 1, 1956, to certain categories <strong>of</strong> posts<br />

reserved for the domiciles <strong>of</strong> Telangana under the Andhra Pradesh Public<br />

Employment (Requirement as to Residence) Rules, 1959, were to be relieved<br />

before February 28, 1969. All the affected persons were to be employed in the<br />

Andhra region without break in service by creating supernumerary posts, if<br />

necessary. These supernumerary posts were to be treated as a temporary<br />

addition to the strength <strong>of</strong> the <strong>of</strong>fice concerned and were to be adjusted against<br />

future vacancies in corresponding posts as they arose. This action <strong>of</strong> the state<br />

Government was based upon Section 3 <strong>of</strong> the Public Employment (Requirement<br />

as to Residence) Act, 1957 10 . The order <strong>of</strong> the state Government, dated January<br />

21, 1969, was challenged by a few persons 11 employed between December 27,<br />

1956, and July 4, 1968, in the ministerial services <strong>of</strong> the Andhra Pradesh<br />

Government and working in various <strong>of</strong>fices located in the cities <strong>of</strong> Hyderabad and<br />

Secunderabad.<br />

9 G.O.Ms.36, G.A. (SR) Dept.<br />

10 As discussed previously in this Chapter.<br />

11 A.V.S. Narasimha Rao and Others v. the State <strong>of</strong> Andhra Pradesh, AIR 1970 SC 422.<br />

259

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!