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New Recruitment Policy and Guidelines (Outsourcing regulations )

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT

Public Services – New Recruitment Policy and Guidelines – Orders – Issued.

GENERAL ADMINISTRATION (SER.A) DEPARTMENT

G.O.Ms.No.94
Dated:28-03-2003,

Read the following:-
  1. Act 2/1994, Dt.15.1.1994.
  2. G.O.Ms.No.211, Fin. (PCIII) Dept., Dt.22.4.1994.
  3. G.O.Ms.No.152, Fin. & Plg. (FW.OP.I) Dept., Dt.14.6.1995
  4. G.O.Ms.No.275, Fin. (SMPC) Dept., Dt.14.12.1995.
  5. U.O.Note No.2268-C/23/Fin SMPC/96 Dt.6.3.1996
  6. G.O.Ms.No.436, G.A. (Ser.D) Dept., Dt.15.10.1996
  7. G.O.Ms.No.58, Fin (SMPC) Dept., Dt.28.3.2001
  8. G.O.Ms.No.526, Fin.(SMPC) Dept., Dt.28.9.2001
  9. W.P.No.2904 of 2002
  10. WP MP No.3459 of 2002 in WP No.2868 of 2002.
  11. G.O.Ms.No.24, Fin (SMPC) Dept., Dt.9.1.2002.

***

ORDER:

1.    Act 2 of 1994, first read above, laid down the norms and procedures for regulation of appointments to public services and rationalization of staffing patterns and pay structures. This Act prohibited Government Departments, Corporations, Universities and Local bodies etc., from making unauthorized appointments through the backdoor of NMRs, daily wages or appointments on consolidated pay. However, the Act 2 of 1994 did not put any ban on recruitment into public services. The Government of Andhra Pradesh issued orders in the reference second read above on the procedure to be followed in scrutinizing the requests for direct recruitment and forward all requests to the recruiting agencies through the Finance Department. The Finance Department scrutinizes all requests for fresh recruitment on a case-by-case basis, including the need and justification, the possibility of redeployment of surplus staff and the likely financial burden and places the proposal before the cabinet for obtaining final orders. Once the competent authority has taken a final decision, the Finance Department issues the necessary requisition to the concerned recruiting agency like Andhra Pradesh Public service Commission or District Selection Committee, to make the recruitment to the extent approved.

2.    Certain Writ Petitions were filed in the High Court of Andhra Pradesh and during the course of hearings in Writ Petitions ninth and tenth read above, the Hon’ble High Court of Andhra Pradesh observed that the Government of Andhra Pradesh should make public their recruitment policy. Accordingly, taking note of these observations, the Government of Andhra Pradesh, after careful examination, hereby declares its policy on recruitment to public services. Core-functional category Posts only to be made Permanent:

3.    Every department of the Government is created with the objective of providing certain public infrastructure and services to the citizens. For example, the Roads & Buildings Department is created to construct and maintain roads and bridges. The Agriculture Department is created to provide technical advice and agricultural inputs to the farming community. They also perform certain regulatory, developmental, promotional and administrative functions to fulfill their departmental objectives. The core functions of the department are performed through gazetted and non-gazetted employees that have the professional qualifications in the field of engineering or agriculture and related subjects. They are provided administrative support through non-gazetted ministerial staff such as Superintendents, Senior Assistants, Stenographers, and Junior Assistants. Other functionaries like Attenders, Watchmen and Drivers etc., are provided as Class IV support staff.

4.    The Government takes up several developmental programmes, projects and schemes that are funded for a few years and discontinued thereafter, either on completion or drying up of funding. Temporary posts are created for implementing such schemes/projects. In the reference third read above, Government had instituted Implementation Committees for all departments to examine the desirability of making temporary posts permanent or continuing them as temporary or discontinuing them altogether. Unfortunately, these Implementation Committees have not been meeting regularly nor have they developed norms for taking suitable decisions. And the result has been that a very large number of temporary posts have continued as temporary for years together.

5.    Explanation (i) under Rule 4 (b) of the A.P.State and Subordinate Service Rules, issued vide GO sixth read above, enlarged the definition of Substantive posts to include all temporary posts which have continued in existence for a period of five years or more. As a result of the increase in the number of substantive posts, the quota of posts for which direct recruitment has to be made has gone up substantially. This decision has led to the anomaly of permanent direct recruitment against temporary posts that are continued from time to time. This decision has also had an adverse financial impact on account of creation of permanent financial liabilities such as pensions and other retirement payments.

6.    Following the enactment of Act 2 of 1994, the State Government appointed a Staff Review Committee, in the reference second read above, to fix rational staffing patterns with reference to workload, and identify schemes, programs, administrative units etc., that have become obsolete or redundant but were continued merely for the sake of keeping the staff and paying them salaries. The affected Departments as well as Staff Unions have expressed their opposition to the SRC recommendations. The Government has yet to take a final view on the report.

7.    Government has reviewed the situation and decided that, in future, Government shall treat only a certain number of posts under gazetted and non-gazetted posts under the Service Rules of concerned departments, and Group.I and II posts under Andhra Pradesh State and Subordinate Service Rules, as core functional posts. In order to identify the core functions of each department, the Implementation Committees shall be immediately re-activated. These Implementation Committees shall take into account the Performance and Process Indicators, the Staff and Cost efficiency norms, the use of Information Technology and other modern management practices such as contracting professionals on fixed tenures or outsourcing administrative and logistical support services to service providers etc., to arrive at the number of core functional posts for each department. Government will separately lay down norms and guidelines on core and non-core functions, in consultation with Finance Department and the Centre for Good Governance, for the Implementation Committees to follow.

8.    Based on the identification of core functions of each department, the Implementation Committees will recommend the number of core functional posts in Gazetted, Technical, and Group.I & II categories that are required to be made permanent. Further, since in most departments, a large number of permanent posts already exist in non-core functional categories, it is hereby ordered that the existing permanent posts in all categories, including non-core categories, shall also be treated on par with core functional posts and continued on permanent basis. However, in future no new posts in the non-core functional categories shall be made permanent.

9.    Pending implementation of the decision in the preceding paragraphs to fix the cadre strength of permanent posts, the Government further orders that, in supercession of orders on sixth read above, henceforth, direct recruitment shall be restricted only in the case of vacancies arising against existing permanent posts in all the departments. The number of direct recruit vacancies in the permanent posts shall be computed only after first adjusting the existing direct recruits presently working against temporary posts. Consequential vacancies in the core-functional temporary posts in Gazetted, Technical, Group.I and II categories may be filled up only through contract appointments on fixed-tenure basis, not exceeding three years. Further direct recruitment or contractual appointments in Group.III and IV and Class IV posts shall be deferred till the adjustment of all already available direct recruits against future permanent vacancies.

Contractual Appointments for Core-functional Temporary Posts:


10.    With effect from 1st April, 2003, all departments shall maintain separate rosters for permanent and temporary posts of all Core-functional categories in order to identify direct recruitment and promotion vacancies. These rosters shall also indicate the vacancies reserved for various categories such as scheduled castes, scheduled tribes etc., While promotion quota of core functional temporary posts may be filled up through temporary promotions from the feeder categories, no direct recruitment quota of temporary posts shall be filled up through any adhoc promotions. Further, the direct recruitment vacancies for core-functional temporary posts shall be computed only after adjusting the regular direct recruits already in service. Consequent recruitment vacancies of core-functional temporary posts may be filled up through contractual appointments on a fixed tenure basis.

11.    The tenure of each contractual appointment shall not be more than the period for which the posts has been created or three years, whichever is less. If the original contractual appointment is for a period less than three years, this may be extended from time to time but shall necessarily be terminated at the end of the three years. No further extension shall be admissible under any circumstances. However, the individuals concerned may be permitted to appear on par with other candidates for any fresh contractual appointments. The procedure for, and terms and conditions, of contractual appointment are prescribed in the Annex 1 to this order.

Emoluments for contract appointments to be related to Market rates:


12.    It is common knowledge that in Andhra Pradesh, as also in the country, senior Government/public sector officers are paid far less than their counterparts in private/corporate sectors. But the position is quite the opposite at the time of initial recruitment in Group I Gazetted categories for candidates with similarly professional and technical qualifications. Similarly, in non-gazetted technical, Groups II, III & IV and Class IV jobs, the Government/public sector employees are paid more than their counterparts in the private/corporate sectors. The Government employees also enjoy the benefit of security of tenure. Further, while the administrative and logistical support staff is relatively small in private/corporate sectors, their numbers are very large in government/public sector, thereby putting a huge financial burden on the public exchequer. While the pay scales fixed by the government may have to be continued for the permanent posts, there is a need to review the policy of fixing emoluments for contractual appointments against core-functional temporary posts to bring them in line with market rates.
Contd.Page.2
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