PROCEEDINGS OF THE DEPUTY COMMISSIONER (CT), WARANGAL DIVISION, WARANGAL
PRESENT : SRI J. LAXMINARAYANA, M.Sc, M.Phil.,
Rc.No.A1/176/2009 Dated: 28.01.2011
Sub:- P.S.C.T. – Dept. – Zone-V – Warangal Nodal Division – ACTO Panels prepared for the panel years 2005-06 to 2007-08 – Show Cause Notice issued – Written objections filed by certain affected individuals – Considered – Revised Show Cause Notice issued – Written objections called for – Certain individuals filed Written objections – Examined - Orders Passed - Reg.
Ref:- 1. DC(CT)Wgl.Prcds. No.A1/1162/2006 dt.31.12.2007
2. Hon’ble APAT Hyd. Order Dt.07.09.2008 in O.A.No.
65/2008 with VMA Nos. 341/2008 and 678/08
And 678/2008 and O.A.No.7212/2008
3. DC(CT)Wgl.SCN in Rc.No.A1/1162/06 dt.17.10..08
4. DC(CT)Wgl.Revised Prcds. No.A1/1162/06, dt.15.11.08
5. DC(CT)Wgl.Revised Prcds. No.A1/1162/06, dt.17.11.08
6. CCT’s Ref.No.DX4/1103/06, Dt.14.11.2007.
7. DC(CT)Wgl. Nodal Divn. Rc.No.A1/176/09
Dt.28.04.09 & 14.12.2009 & 03.03.2010.
8. CCT’s Ref.No.DX4/404/2009 dt.26.04.2010.
9. DC(CT)Wgl. SCN in Rc.No.A1/176/09 dt.12.07.10
Got published in (1) Warangal District Gazette No.
12/WGL/2010 EO dt.15.07.2010 (2) Adilabad District
Gazette No.7A Dt.19.07.2010 EO (3) Khammam Dist.
Gazette No.75/2010 EO, dt.23.07.2010 & (4) Karim-
Nagar Dist. Gazette No.13 EO dt.29.07.2010.
10.Written objections filed by Sri T.Pochaiah, ACTO
CTCP, Wankidi dt.28.07.2010 received in this Office
on 31.07.2010 on 06.08.2010 through DC(CT)Adb
Rc.No.A1/78/2010, Dt.05.08.2010. 11.Written objections filed by Sri N.Kalakar, ACTO
O/o CTO, Adilabad dt.30.07.2010 received in this
Office on 31.07.2010. Through DC(CT)ADB
Rc.No.A1/78/2010 dt.03.8.2010, Received in this
office on 10.08.2010.
12. Repn. filed by Sri G.Satyanarayana, ACTO
O/o CTO, R-pet dt.30.07.2010 received in this
Office on 30.07.2010 through CTO-Rpet Rc.No.
SAIV/Estt/2010 dt.30.07.2010.
13 Repn. filed by Sri K.P.Eliza, ACTO, O/o CTO-BB
dt.02.08.2010 received in this office on 02.08.2010
14. Repn./Written objections filed by S/Sri K.Satya-
Narayana, ACTO & MSA Saleem, ACTO. through
CTO-II Kmm Rc.No.A1/207/2008 dt.05.08.2010
Received in this Office on 06.08.2010.
15. Written objections filed by S/Sri A.Sathaiah,
G.Nageshwar Rao, V.Madaiah & V.Satyanarayana,
ACTOs through DC(CT) KNR Rc.No.A1/183/2010
Dt.04.08.2010. received in this Office on 09.08.2010.
16. Written objections filed by Sri N.Rajanna, ACTO
O/o DC(CT)Wgl. dt.16.08.2010 received in this
On 17.08.2010.
17. Written objections filed by Sri G.Satyanarayana,
ACTO O/o CTO, R-pet dt.19.08.2010 received in this
Office on 19.08.2010 through CTO-Rpet Rc.No.
SAIV/Estt/2010 dt.19.08.2010.
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18 Written objections filed by Sri R.Rathan Kumar, ACTO
O/o DC(CT)Wgl. dt.19.08.2010 received in this
On 25.08.2010.
19. Written objections filed by Sri K.Bhaskar, ACTO
O/o CTO, MNCHL. dt.11.08.2010 received in this
on 02.09.2010 and written objections filed by Sri
K.Bhaskar, ACTO, O/o CTO, MNCHL. dt.11.08.2010
received through DC(CT)ADB Rc.No.A1/78/2010,
Dt.26.08.2010 received in this office on 13.09.2010
20.DC(CT)Wgl. Rc.No.A1/176/2009 dt.13.09.2010.
21. Further written objections filedby SriG.Satyanarayana
ACTO O/o CTO, R-pet dt.22.09.2010 received in this
Office on 22.09.2010 through CTO-Rpet Rc.No.
SAIV/Estt/2010 dt.22.09.2010.
22. Further written objections filedby Sri K.Satyanarayana
ACTO through CTO-II Kmm Rc.No.A1/207/2008,
dt.20.09.2010 received in this Office on 23.09.2010.
23. Further written objections filed by Sri Md. S.A.
Saleem ACTO through CTO-II Kmm Rc. No.A1/207/
2008, dt.20.09.2010 received in this Office on
23.09.2010.
24. DC(CT), Wgl Rc.No.A1/176/2009, dt.20.10.2010.
25. CCT’s Hyd Ref.No.DX4/404/2009, dt.24.11.2010.
26. DC(CT)Wgl. RevisedSCN in Rc.No.A1/176/09
Dt.07.12.10 Got published in(1) Wgl District Gazette
No.16/WGL/2010 EO dt.22.12.2010 (2) Adilabad
District Gazette No.12A EODT.30.12.10 (3) Khammam
Dist. Gazette No.A4/112/2010 dt.23.12.2010 & (4)
Karimnagar Dist. Gazette No.2 E.O., DT.11.01.2011.
27. Written Objections filed by Sri V.Satyanarayana,
ACTO, O/o CTO-I KNR, Dt. 30.12.2010 received
through DC(CT)KNR Ref.No.A1/183/2010
dt.07.01.2011.
28.Written Objections filed by Sri Md.Khaja Sardar Ahmed,
ACTO, O/o CTCP-Wankidi, Dt. 05.01.2011
29. Representation filed by Sri A.Sathaiah,ACTO
O/o DC(CT) KNR, Dt. 11.01.2011 for grant
(15) days time received through DC(CT)KNR Ref.
No.A1/183/2010 dt.12.01.2011.
30. Representation filed by Sri V.Madaiah, ACTO
O/o DC(CT) KNR, Dt. 11.01.2011 for grant (15) days
time received through DC(CT)KNR Ref.No.A1/183/2010
dt.12.01.2011.
31. Written objections filed by Sri K.Bhaskar, ACTO
O/o CTO, MNCHL. dt.06.01.2011 received in this
on 11.01.2011.
32. Representation filed by Sri G.Nageshwar Rao,ACTO
O/o DC(CT) KNR, Dt. 12.01.2011 for grant
(15) days time received through DC(CT)KNR Ref.
No.A1/183/2010 dt.18.01.2011.
33. Written objections filed by Sri S.Rammohan,
ACTO, O/o CTO, Peddapally through
DC(CT) KNR Rc.No.A1/183/2010
Dt.18.01.2011. recd. in this Office on 25.01.2011
34. Written objections filed by S/Sri A.Sattaiah,
G.Nageshwar Rao, & V.Madaiah
through DC(CT) KNR Rc.No.A1/183/2010
Dt.24.01.2011. received in this Office on 25.01.2011
~oOo~
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ORDER :
The Deputy Commissioner (CT), Warangal Division, Warangal vide proceedings 1st cited has communicated the seniority list of ACTOs of Zone-V for the period from 2000-01 to 2004-05. In view of the Hon’ble APAT orders 2nd cited and representations filed by certain DR ACTOs, the seniority list of ACTOs of Zone-V communicated vide proceedings 1st cited has been revised twice vide proceedings 4th and 5th cited, in accordance with the directions given by the Hon’ble Tribunal and procedure laid-down under APS&SS Rules.
The Deputy Commissioner (CT), Warangal Division, Warangal vide reference 7th cited, has submitted draft proposals to the Commissioner of Commercial Taxes, A.P., Hyderabad for fixing up of the seniority of ACTOs working in Zone-V- Warangal Nodal Division - in the panel years for the period from 2005-06 to 2007-08. The Commissioner of Commercial Taxes, A.P., Hyderabad vide ref. 8th cited has communicated the draft panels for the years from 2005-06 to 2007-08 to the Dy. Commissioner (CT), Warangal Division, Warangal. Accordingly, the Deputy Commissioner (CT), Warangal Division, Warangal has issued show cause notice vide reference 9th cited on.12.07.2010 to all the concerned ACTOs calling for their written objections, if any, in the matter. The same has also been published in the A.P. Gazette and placed on the department portal.
In view of the written objections filed by the individuals shown in the references 10th to 12th cited and clarification given by the Commissioner of Commercial Taxes, AP, Hyderabad in the refernce 25th cited, a Revised Show Cause Notice has been issued vide reference 26th cited to the affected individuals with certain inclusions/relegations of the names of the individuals shown hereunder. The same has been got published in the concerned District Gazettes and sent to the concerned offices for display on the notice board as well as for service on the concerned individuals.
As per the written objections filed by Sri T. Pochaiah, ACTO CTCP, Wankidi, (reference 10th cited) the seniority of both Sri T.Pochaiah and C.Shankar have been verified with reference to the seniority assigned to them in the Feeder cadres and also date of promotion of both the individuals as ACTOs. Their seniority is as under:
Sl. No in the Inter-se-seniority list of Sr.Assts./ Sr. Stenos / Sl. No in the Inter-se-seniority list of J.As / Typists / Jr. Stenos / Name of the individual / Date of officiation of the post of Sr. Asst / Date of Regularisation in the cadre of Sr. Asst. / Dt.of Reporting to duty as ACTO1 to 215 / xx xx xx xx xx / xx xx xx xx xx / xx xx xx xx xx / xx xx xx xx xx
216 / 131 / T.Pochalu @
T. Pochaiah / 18.10.1993 / 18.10.1993 / 12.06.06
217 to 230 / xx xx xx xx xx / xx xx xx xx xx / xx xx xx xx xx / xx xx xx xx xx
231 / 149 / C.Shankar / 09.03.1994 / 15.03.1994 / 10.06.06
232 to 248 / xx xx xx xx xx / xx xx xx xx xx / xx xx xx xx xx / xx xx xx xx xx
Taking into consideration their seniority, it has been proposed to delete the name of Sri C. Shankar from Sl.No.11 (panel year 2005-06)
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and in his place the name of Sri T. Pochalu @ T. Pochaiah,(SC) ACTO has
been proposed to insert in Revised Annexure-I. Accordingly, the name of Sri C. Shankar (SC) ACTO was also proposed to place at Sl.No.21 in the Revised Annexure-II communicated vide reference 26th cited.
Since Sri R. Sadanandam, ACTO has retired from service on 28.02.2003 i.e., prior to the panal year 2006-07 it has been proposed to delete his name from Sl.No.19. In his place the name of Sri R. Sudhakar, ACTO (Retd. on 30.06.2010) (Sl.No.20) and the name of Sri G.Satyanarayana, ACTO (Sl.No.29) are proposed to push-up to Sl.No.19 & 20 of Revised Annexure-I communicated vide reference 26th cited.
Further, since Sri M. Sudhakar, ACTO who has been shown at Sl.No.32 (panel year 2007-08) in the show cause notice dt.12.07.2010 has also retired from service on 31.07.2007 i.e., prior to the commencement of panel year 2007-08, his name has been proposed to delete from the Annexure-I and in view of proposing to push-up the names of S/Sri R.Sudhakar, and G.Satyanarayana, ACTOs to Sl.No.19 & 20 (from Sl. No.20 & 29) the names of S/Sri G.Ramakishan, ACTO (Retired on 31.08.2010) and
KT Suguna Prasad, ACTO (Retired on 30.04.2009) whose names were shown
in Annexure-II of the show cause notice dt.12.07.2010 are also proposed to place at Sl.No.31 & 32 of the panal year 2007-08 (Revised Annexure-I) communicated vide reference 26th cited) as they are in service during the panel year.
Further, considering the request made by Sri N.Kalakar, ACTO vide ref.11th cited, whose name missed in the proposed Show Cause Notice dt.12.07.2010 in Annexure-II is also proposed to include at Sl.No.32 in the Revised Annexure-II communicated vide reference 26th cited.
The affected individuals whose names are shown in the Revised Annexures-I & II communicated vide reference 26th cited were requested to file their written statement of objections, if any, within (15) days from the date of publication in A.P. Gazette; failing which, it would be construed that they have no objections to the proposed revised seniority list and orders as deemed fit under Law will be passed without further Notice in the matter.
In that revised Show Cause Notice a note has been given to the effect that “The written objections filed by the remaining affected individuals on other issues of show cause notice dt.12.07.2010 and further written objections received if any on this revised show cause notice, will be considered and discussed at the time of finalizing the seniority list”
In response to the Show Cause Notice dated 12.07.2010 (Reference 9th cited) and Revised Show Cause Notice dt.07.12.2010 (reference 26th cited) the following individuals have filed their written objections through references 10th to 19th, 21st to 23rd , 27th, 28th and 31st to 34th cited.
1 Sri T.Pochaiah, ACTO, O/o.CTCP,Wankidi, Adb Division (Ref..10th cited).
2 Sri N.Kalakar, ACTO, O/o CTO-Adb (Ref.11th cited)
3. Sri G.Satyanarayna, ACTO, O/o CTO-Rpet. (Ref.12th,17th, 21st cited)
4. Sri K.P. Eliza, ACTO O/o. CTO B’Bazar. ( Ref.13th cited)
5. Sri K.Satyanarayana, ACTO O/o. CTO-II, Kmm (Ref.14th & 22nd cited)
6. Sri Md. SA. Saleem, ACTO O/o. CTO-II, Kmm. (Ref.14th & 23rd cited)
7. Sri A.Sattaiah, ACTO O/o. DC(CT) Knr. (Ref.15th & 29th cited)
8. Sri G.Nageshwar Rao, ACTO O/o. DC(CT) Knr. (Ref.15th & 32nd cited)
9. Sri V.Madaiah, ACTO O/o. DC(CT) Knr. (Ref.15th & 30th cited)
10. Sri V.Satyanaryana ACTO O/o. DC(CT) Knr. (Ref.15th and 27th cited)
11. Sri N.Rajanna, ACTO, O/o DC(CT)Wgl. (Ref.16th cited).
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12. Sri R.Rathan Kumar, ACTO, O/o DC(CT)Wgl. (Ref.18th cited).
13. Sri Md.Khaja Sardar Ahmed, ACTO O/o CTCP, Wankidi. (Ref.28th
cited)
14. Sri K.Bhaskar, ACTO O/o CTO, Mncl. (Ref.19th and 31st cited)
15. Sri S.Ram Mohan, ACTO O/o CTO, Peddapally(ref.33rd cited)
The following individuals vide their representations 29th and 30th cited requested for grant of time of (15) days from 11.01.2011.
1. Sri A.Sathaiah, ACTO O/o DC(CT)KNR
2. Sri V.Madaiah, ACTO O/o DC(CT)KNR
3. Sri G.Nageshwar Rao, ACTO O/o DC(CT)KNR
The due date for filing of written objections by the above three individuals is 27.01.2011.
As per the last Gazette publication of Karimnagr District (Ref. 26th cited) the last date for filing of written objections by the effected individuals is 27.01.2011. The above (3) individuals have filed their further written objections vide ref.34th cited on 25.01.2011.
After examining the written objections filed by the individual (Sl.No.1) Sri T.Pochaiah, ACTO (Ref.10th cited) it has been proposed to delete the name of Sri C. Shankar from Sl.No.11 (panel year 2005-06) and in his place the name of Sri T. Pochalu @ T. Pochaiah,(SC) ACTO has been proposed to insert in the Revised Annexure-I. Accordingly, the name of Sri C. Shankar (SC) ACTO was also proposed to place at Sl.No.21 in the Revised Annexure-II communicated vide reference 26th cited. Now the seniority proposed for him at Sl.No.11 in Annexure-I is now confirmed.
Further, considering the request made by the individual (Sl.No.2) Sri N.Kalakar, ACTO (Ref.11th cited) whose name missed in the proposed Show Cause Notice dt.12.07.2010 in Annexure-II his name has been now included at Sl.No.32 in the Annexure-II.
The remaining effected individuals/ACTOs at Sl.No.3rd to 15th have raised common written objections on the following three issues i.e.,
Issue No.1 For keeping aside/blank the 10th point City List vacancies right from the part period of the panel year 2000-01,
Issue No.2 For proposing placement to certain DR ACTOs after Panel Year 2006-07 whose period of probation not declared and training period not completed and
Issue No.3 For showing Break-up of Total vacancies meant for DRs as (10) and for RPs as (04) for the Total No. of vacancies (14) for the panel year 2007-08.
Reply to issue No.1 :- For the written objection raised regarding the City List vacancies it is replied that the Commissioner of Commercial Taxes while sending draft panels for the years 2005-06 to 2007-08 of ACTOs vide reference 8th cited furnished the statements showing the number of ACTOs vacancies arisen during the panel years 2005-06 to 2007-08 and breakup of total vacancies meant for DRs/CLs/(RPs(OCs/SCs/STs). Basing on the reference 8th cited in the show cause notice 9th cited such vacancies position has been furnished. The ACTOs have raised objection for keeping aside / blank the 10th point City List vacancies right from the part period of the
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panel year 2000-01 though the Hon’ble Supreme Court of India in its judgment dt.07.11.2001 in CA No.9643, 9644/1995 opined that the employees working in the posts which are not localized cannot be appointed by transfer to the posts which are organized into local cadres and that such appointments are against the provisions of Presidential Order. But the same have been kept aside/blank from the part period of 2000-01 and not adjusted now, pending further instructions from the Commissioner of Commercial Taxes, A.P., Hyderabad. While enclosing copy of G.O.Ms.No.60 Labour Employment Training and Factories (Lab.IV) Department, dt.17.07.2010 they requested to fill/adjust the City List vacancies of ACTOs and DCTOs kept aside as on this date, by the Rank Promotees, atleast in these panel years, as the Government of A.P. has recently issued the above G.O. to Labour Department to implement the orders of the Hon’ble High Court of Andhra Pradesh, Hyderabad in W.P. Nos.6068 & 6123 of 2004 issued with reference to the judgment of Hon’ble Apex Court of India on the Presidential Orders 1975 and it is equally applicable to the Commercial Taxes Department, as the issue of appointments for Heads of the Department/Secretariat to the Localised Posts is one and the same as regards ACTOs/Asst. Labour Officers. They requested to review the same right from the date of Presidential Order, 1975.