Office of The s3

OFFICE OF THE

COMMISSIONER OF COMMERCIAL TAXES,

A.P., HYDERABAD

SHOW CAUSE NOTICE

CCT’s Ref. No. D2/1884/2006 Dated: 4 -1-2007.

Sub: PUBLIC SERVICES – C.T. Department – Sri M.A. Samad, DCTO (Retired) Seniority in the cadre of DCTOs finalized – Revised the seniority list in the cadre of ACTO – Reviewed seniority in the cadre of DCTO – Final Orders issued- Review of seniority in the cadre of CTO- objections called for – Show cause notice – issued- written objections called for-reg.

Ref: 1) Orders of the Hon’ble AP High Court, dated 09.04.2001 in

W.P. No. 24335/99 & 14538/2000.

2) Orders of the Hon’ble APAT, dated 22.07.2003 in O.A.No.

6022/2001 and batch.

3) Seniority list of ACTOs published in AP, Extra-Ordinary

Gazette No. 119, dated 25.03.2004.

4) Final Seniority list of DCTOs Published in AP Extra-Ordinary

Gazette No. 331, dated 20.08.2004.

5) Revised Integrated Seniority list of ACTOs of Zone-VI,

finalized by the Spl. CCT vide CCT’s Ref.No. DX2/61/2005,

dated 05.11.2005 (for the period from 1975-76 Panel year

to 1991-92 Panel Year). Published in AP Gazette

No. 823, dated 02-12-2005.

6) Integrated Seniority list of ACTOs of Zone-VI, finalized

by the Spl. CCT vide CCT’s Ref.No. DX2/1249/2005,

dated 15.11.2005 (for the period from 1992-93 Panel year

to 1999-2000 Panel Year). Published in AP Gazette

No. 823, dated 02-12-2005.

7) Final seniority list of Sr. Asst., of Hyd. ® Divn. Finalized by

DC(CT), Hyd. ®, vide Prcdgs.No. E2/128/2005,

dated 19.03.2005.

8) CCT’s Ref. No. DZ(3)/1320/2005, dated. 30.12.2005

published in the AP Gazette No. 6, dated 03.01.2006.

9) CCT’s Ref.No.DZ(3)/1320/2005, dt.22-2-2006.

10) Representation of Sri M.A.Samad,DCTO (Retired) Dt.8-11-06

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In the reference 10th cited Sri M.A. Samad, DCTO (Retired) represented that in pursuance of the orders of the Hon’ble A.P.A.T. in O.A. No. 7474/ 98 &1399/99 Dt. 9-2-2004 his name was included in the cadre of ACTO in the panel year 1974 and in the cadre of DCTO for the year 1980-81. Hence he requested to include his name in the panel of CTO above his juniors.

The seniority list of Dy. Commercial Tax Officers of Zone-VI has been finalized from the panel year 1975-76 to 1996-97 and published in AP Gazette vide reference 4th cited, based on the final integrated seniority list of ACTOs of Zone-VI finalized and published in AP Gazette vide reference 3rd cited. These seniority lists have been finalized in the light of the orders of the Hon’ble AP, High Court and Hon’ble APAT vide references 1st & 2nd cited.

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Based on the revised final seniority list of ACTOs of Hyderavad Rural Nodal Division, the Special Commissioner (CT), Hyderabad has revised the seniority list of ACTOs of Zone-VI for the period from 1975-76 to 1991-92, by integrating the final seniority lists of ACTOs of Secunderabad Nodal Division and Hyderabad (Rural) Nodal Division vide reference 5th cited. Further, the seniority list of ACTOs of Zone-VI for the subsequent period i.e., from 1992-93 to 1999-2000 has been finalized and published in A.P. Gazete vide reference 6th cited. In view of the revision of seniority in the cadre of ACTO, the seniority finalized and published in AP, Gazette No. 331, dated 20.08.2004 required change.

In the mean time Sri K. Mahender Rao and Sri T. Ramanaiah have filed cases before the Hon’ble APAT in O.A. No. 6267/2004 and 2279/2005 respectively. They have challenged the State wide integrated seniority list of DCTOs finalized and published in AP Gazette No. 331, dated 20.08.2004, in the light of the Government Orders vide G.O.Rt.No. 1072, Rev. (CT-I), Dept., dated 22-07-2004. The Hon’ble APAT has allowed the OA’s and quashed the G.O.Rt.No. 1072, dated 22-07-2004 vide its orders dated 07.10.2005. Aggrieved by the Orders of the Hon’ble APAT, the department preferred an appeal before the Hon’ble High Court. The Hon’ble High Court in WPMP No. 32542/05 W.P. No. 25320/2005 and WPMP No. 32543/05 in W.P.No. 25321/2005 dated 16.12.2005 has issued the interim suspension of the operation of the order dt 7-10-05 in O.A. No. 2279/05.

In view of the above the seniority list in the cadre of DCTOs has been reviewed based on the revised final seniority integrated list of ACTOs of Zone-VI and after calling for objections from affected candidates, issued the final orders in the reference 9th cited and subsequently finalized the integrated seniority list of DCTOs of the state published in the A.P.Gazette No.260 dt 5-5-06.

In the above finalized seniority list of DCTO in respect of Zone-VI, the name of Sri M.A. Samad was included at sl.No. 45 in the panel year 1980-81 and subsequently figured in the integrated seniority list of DCTOs at Sl. No.158 finalised and published in the A.P.Gazette No.260 dt 5-5-06. These inclusions were made in terms of the Government orders in vide G.O.Rt.No. 1353 Rev (CT-I) Dept. Dt. 25-8-04 and 603, Rev, (CT-I) Dept., dated 29-03-2005. And these orders were issued by the Government in pursuance of the orders of the Hon’ble A.P.A.T. in O.A. No. 7474/ 98 &1399/99 Dt. 9-2-2004.

Basing on the above inclusions it has been proposed that the name of Sri M.A. Samad has to be included above his juniors in the finalized integrated seniority list of C.T.Os published in A.P. Gazette No. 22-A Dt. 12-1-2005. Thus basing on the DCTOs seniority list his name is proposed to be included above Sri S. Achari ( Sl.No. 292) and below Sri Syed Ameer (Sl.No. 291) of 1990-91 panel year in the finalized integrated seniority list of C.T.Os published in A.P. Gazette No. 22-A Dt. 12-1-2005.

However, the inclusion is subject to outcome of the judgment of the Hon’ble AP, High Court in W.P. No’s 25321/2005 and 25320/2005 pending before the Hon’ble A.P. High Court, Hyderabad and O.A. No. 702/2005 pending before the Hon’ble A.P.A.T. Hyderabad.

It may be noted that the placements made in various panel years of the employees are only for the purpose of seniority and promotions, and no monetary benefit with retrospective effect can be claimed whatsoever, as per F.R. 26 (aa).

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The persons who are affected by this proposed inclusion may file their written objections , if any within (15) days of publication of this notice in A.P. Gazette, failing which it would be construed that they have no objection to proposals inclusion and orders deemed fit will be passed without further notice and time.

A copy of the show cause notice is available on the Internet and can be accessed at the address: http://www.apcommercialtaxes.gov.in

Sd/- T.S. Appa Rao

COMMISSIONER OF COMMERCIAL TAXES

To

The Individuals Concerned,

through the Dy. Commissioners (CT),

Copy to the Commissioner Printing & Stationery, Chanchalguda, Hyderabad with a request to publish the above Show Cause Notice in AP Exgtra-Ordinary Gazette for vide publicity to the individuals. He is also requested to supply 350 copies of the same to this office immediately .

Copy to notice Board, O/o. Commissioner (CT), Hyderabad.