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Andhra Pradesh Judicial Ministerial Service Rules, 2003

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ANDHRA PRADESH JUDICIAL MINISTERIAL SERVICE RULES


(G.O.Ms.No.129, Law (L.A. & J-Home-Courts-D), 12th November, 2003)

In exercise of the powers conferred by the proviso to Article 309 of the constitution of India and of all
other powers here unto enabling and in supercession of the Andhra Pradesh Judicial Ministerial
Service Rules, 1964 issued in G.O.Ms.No.206, Home (Courts-A) Department, dated: 17.02.1964 and
subsequent amendments issued thereto from time to time, the Governor of Andhra Pradesh hereby
makes the following Revised Special Rules/or the Andhra Pradesh Ministerial Services:-

1. SHORT TITLE AND COMMENCEMENT:

(1) These rules may be called the Andhra Pradesh Judicial Ministerial Service Rules, 2003.

(2) They shall apply to the holders of all posts, whether temporary or permanent in the service
appointed thereto before on or after the 1st November, 1956, except to the extent otherwise
expressly provided:-
(i) By or under any law for the time being in the force or

(ii) In respect of any member of the service by a contract or agreement subsisting


between such member and the State Government.
2. DEFINITIONS:

For the purpose of these rules:-

a) “Aboriginal Tribes” means the communities defined as such in the Andhra Pradesh State
and Subordinate Service Rules for the time being in force.

b) “Andhra Area” means the territories, which immediately before the 1st November, 1956
were comprised in the State of Andhra.

c) “Appointed to the Service” means a person is said to be appointed to the service when in
accordance with these rules or in accordance with the rules applicable at the time, as the
case may be, he discharges for the first time the duties of a post borne on the cadre of
the service or commences the probation, instruction or training prescribed for the
members thereof.

Explanation: The appointment of a person holding a post borne on the cadre of another service to
hold additional charge of a post borne on the cadre of this service or to discharge the current duties
thereof does not amount to appointment to this service:

d) “Approved candidate,” means a candidate whose name appears in an authoritative list of


candidates approved for appointment to the service or an category thereof.

e) “Approved probationer in the service of a category thereof” means a member of the


service or category who has satisfactorily completed his probation and awaits
appointment as a full member of the service, or category as the case may be.
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f) “Conversion” means appointment of a member of service from one category to another


or from one post to another carrying the same scale of pay.

g) “Duty” a person is said to be “on duty” as a member of the service.

(i) When he is performing the duties of a post borne on the cadre of the service
or undergoing the probation:

(ii) When he is on joining time; or

(iii) When he is absent from duty on training or deputation by the Department


during vacation or on authorized holidays or on leave taken in accordance
with the instructions regulating such leave issued by the State Government
having been on duty immediately before and immediately after such
absence.
h) “Full Member” of the service means a member of the service who has been appointed
substantively to a permanent post borne on the cadre thereof.

i) “Member of the Service” means a person who has been appointed to the service and
who has not retired or resigned, been removed or dismissed, been substantively
transferred or reduced to another service or been discharged otherwise than for want of
vacancy. He may be a probationer, an approved probationer or a full member of the
service.
j) “Minimum general educational qualification” means the qualification prescribed in the
Schedule to the General Rules for the time in force.

k) “Probationer” means a member of the service whose services are regularized and
placed on probation.

l) “Promotion” means the appointment of a member of any category of the service to a


higher category of the service carrying higher scale of pay.

m) “Recruited direct” – A candidate is said to be “recruited direct” to the service when, in


case his first appointment thereto is made by the Unit Officer on the date of notification
inviting applications for the recruitment, and in any other case at the time of his first
appointment thereto, he is not in the service of the Government of India or the
Government of State.

Provided that for the purposes of this definition a person shall be deemed to be not
in service of the Government of India or the Government of a State:

(i) If a period of five years has not elapsed since his first appointment to a
service the Government of India or the Government of a State; or
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(ii) If he is a practicing member of the Bar, although holding an office under the
Government, or

(iii) If he holds a post, the conditions of service of the holder of which have been
declared to be a matters not suitable for regulation by rule, or

(iv) If he belongs to the Scheduled Castes or Scheduled Tribes or Backward


Classes.

n) “Recruited by transfer” a candidate is said to be recruited by transfer to the Service,

(i) if at the time of his first appointment thereto, he is either a full member or an
approved probationer in any other service the rules for which prescribed a
period of probation for member thereof; or
(ii) in case at the time of his first appointment thereof he is the holder of a post
which has been included in another service but for which no probation has
been prescribed, if he has put in that post satisfactorily service or a total
period of two years within a continuous period of three years.

o) “Regular appointment” means the appointment made by the authorities concerned in


accordance with the rules or orders in force governing the respective posts.

p) “Scheduled Caste” means the communities defined as such in the Andhra Pradesh State
and Subordinate Service rules for the time being in force.

q) “Scheduled Tribes” means the communities defined as such in the Andhra Pradesh
State and Subordinate Service Rules for the time being in force.

r) “Service” means a group of persons classified as the Andhra Pradesh Judicial Ministerial
Service and includes the non-Gazetted members of the Andhra Pradesh High Court
Service.

Note:- where the context so requires “Service” means the period during which a person holds
a post in accordance with these rules except rule 14 or rule 27 or a lien on a post or is a
member of a service as above defined.

s) “Telengana Area” means territories specified in sub-section (1) of Section 3 of the State
Reorganization Act, 1956 (Central Act 37 of 1956)

t) The “Unit Office” means the District Judge in the mofussils and in the case of Hyderabad
city, the Chief Judge, City Civil Court, the Chief Judge, City Small Causes Court and the
Metropolitan Sessions Judge having jurisdiction over the Metropolitan Sessions Courts
and Criminal Courts in the Metropolitan area of Hyderabad.
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3. Pay, Allowances, Leave, Leave Salary, Pension and other condition of service: - The Andhra
Pradesh Civil Service (Classification, Control and Appeal) Rules, 1991 the rules regulating, the pay
on the services, the Government Servants’ Conduct rules, 1964, the Fundamental Rules, the Andhra
Pradesh Leave Rules and the Pension Rules and the rules applicable to the Government servants for
the time being in force shall in so far as they may be applicable and except to the extent expressly
provided in these rules, govern members of this service in the matter of their pay, allowances, leave,
leave salary, pension and other condition of service:
Provided that:-

(i) Where any such member has selected to be governed by the provisions of the Civil
Service Regulations, those provisions shall apply to him;

(ii) Save as otherwise expressly provided in these rules, nothing contained in this rule shall
affect the operation of the provisions of Article 526 of the Civil Service Regulations relating
to the fixation of a member of a service who is in receipt of a military pension; and

(iii) Where any such member who immediately prior to 1st November, 1956 was in service for
the former Hyderabad Government, he shall continue to be governed by the
corresponding Rules applicable to him immediately prior to the said date subject to the
provisions contained in G.O.Ms.No.747, General Administration (State Reorganization-
A) dated: 6th May, 1957.

4. Cadres:- The permanent cadre of each category in each unit shall be determined by the State
Government as suggested by and with the concurrence of the High Court.

5. Constitution:- The service shall consist of the following categories of posts in the Andhra Pradesh
Judicial Ministerial Service:

Category 1: Administrative Officers:- (Formerly designated as Sheristadars of the District Courts


including posts formerly designated as Superintendents of the Civil and Criminal Courts in the City of
Hyderabad Superintendents in (telengana area).

Category 2: Superintendents: (formerly designated as Central Nazirs, Head Clerks or District Courts
and Additional District Courts and Hyderabad City Courts and Sheristadars of the Sub Courts,
Translators, Head Clerks of District Munsif Courts, U.D. Record Keepers of District Courts and Senior
Superintendents of Copyists of District Courts).

Category 3: Senior Assistants: (Formerly designated as U.D.Cs, Head Clerks of Sub Court, U.D.Bench
Clerks of District Courts and Sub-Courts and Deputy Nazirs of the Munsiff Magistrate Courts.)

Category 4: Junior Assistants: (Including posts formerly designated as L.D.Cs, Junior


Superintendents of Copyists and Assistant Superintendents of Copyists and Assistant Nazirs.)

Category 5: Personal Assistants: (Formerly designated as Steno-Typists).


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Category 6: Typists.

Category 7: Examiners (Including the posts formerly designated as Readers).

Category 8: Copyists.

Category 9: Field Assistants: (Formerly designated as Amins and Bailiffs).

Note (1):- The respondents-designation of the posts as above will be only prospective and will not
affect the gradation or seniority of persons holding posts as on the date of commencement
of these rules.
Note (2):- The posts in categories 1 to 3 above are the selection posts, promotion to which shall be
made on grounds of merit and ability seniority being considered only where merit and
ability are approximately equal.
6. Method of appointment and appointing authority:-

Subject to the other provisions in these rules, the method of appointment and appointing
authority for several categories shall be as follows:

Category and Name Method of Appointing


of the post Appointment authority
(1) (2) (3)
1. Administrative By promotion of Superintendents (category.2) District Judge
Officers
2. Superintendents By promotion of Senior Assistants (category.3) District Judge
3. Senior By promotion of Junior Assistants (category.4), District Judge
Personnel Assistants (category.5), and Typists
(Category.6), from a combined seniority list.
4. Junior Assistants (i) By direct recruitment District Judge
(ii) By promotion of Examiners (category.7),
Copyists (category.8) and field Assistants
(category.9) from a combined seniority list.

5. Personal (i) By direct recruitment District Judge


Assistants (ii) By conversion of Typists (category-6)

6. Typists (i) By direct recruitment District Judge


(ii) By promotion of field Assistants (category.9)

7. Examiners (i) By direct recruitment District Judge


(ii) By conversion of field Assistants (category.9)
(iii) By appointment by transfer of Record
Assistants in Andhra Pradesh General
Subordinate Services.

8. Copyists (i) By direct recruitment District Judge


(ii) By conversion of field Assts. (cat.9) provided
they possess qualification in Type writing
by Higher Grade.

9. Field Assistants (i) By direct recruitment District Judge


By appointment by transfer of Record Assistants in
Andhra Pradesh General Subordinate Services and
Attenders in Last Grade Service in Judicial
Department in the Ratio of 1:1.
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Provided that the members from categories 6 to 9 possessing Special Qualifications required
for holding the post in category-5, shall be considered for promotion or conversion to category-5 as
the case may be. Similarly, members from categories 7 and 9 possessing special qualifications
required for holding the posts in categories 6 and 8 shall also be considered for conversion or
promotion to the posts in categories 6 and 8 as the case may be.

Note (1): For the purpose of appointment to the posts of Senior Assistants, a combined seniority list
of Junior Assistants, Personal Assistants and Typists shall be prepared with reference to the date of
their regular appointment to the respective categories.

Note (2): The percentage of direct recruitment to substantive vacancies in the categories mentioned
below shall be indicated against each.

(i) Junior Assistants ………..50%

(ii) Personal Assistants ………..50%

(iii) Typists ………...50%

(iv) Examiners …………50%

(v) Copyists ………….50%

(vi) Field Assistants …………50%

Note (3): For appointment to remaining posts the seniority list of other persons in the feeder category
shall be prepared with reference to the existing gradation lists and the ranks inter-se.

Note (4): The appointing authorities shall exercise their power subject to the control of High Court.

7. Reservation of appointments:

a) The rule of special representation (General rule 22(A) of the Andhra Pradesh State and
Subordinate Service Rules, 1996) shall apply to appointment by direct recruitment to the
various posts in the service.
b) In the matter of direct recruitment to the posts for which women and men are equally suited,
there shall be reservation to women to an extend of 33 1/3 of the posts in each category of
O.C., B.C (Group A), B.C (Group B), B.C. (Group.C), B.C. (Group.D), S.Cs and S.Ts and
Physically Handicapped and Ex-service men quota.

8. Qualifications:

(a) No person shall be eligible for appointment to the categories specified in Column (1)
of Annexure-1 to these rules by the method specified in Column (2) unless such
person possessed the qualification specified in the corresponding entry in column (3)
thereof.
(b) Linguistic qualification: A candidate shall not be eligible for appointment if he does
not possess an adequate knowledge of the language or languages of the district in
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which he is to be appointed. The language or language of the districts is as specified


in Annexure – III to these rules.

Provided that where two or more languages are specified for a district and
sufficient number of candidates who have an adequate knowledge of all the languages
are not available, candidates who have an adequate knowledge of any one of the said
language according to the needs of the district may be selected and such candidates
shall be eligible for appointment in that district.
9. Age:

No person shall be eligible for appointment by direct recruitment if he has completed 33


years of age on the first day of July of the year in which the notification for selection is made or such
age as prescribed by the Government of Andhra Pradesh from time to time.

10. Unit of appointment:

“Except as otherwise provided herein below, the unit of appointment for the purpose of direct
recruitment, transfer, seniority, appointment as full member and discharge for want of vacancy shall
be revenue district. But in the case of Hyderabad City, the unit of appointment will be the City Civil
Courts, Hyderabad, City Small Causes Court, Hyderabad and Metropolitan Sessions Court,
Hyderabad. Further in the case of any Special Court constituted interest he City of Hyderabad, for
purpose of staff in appointing authority. In the case of any Special Court constituted for the disposal
of matters of Civil nature similarly, the Metropolitan Sessions Judge, Hyderabad shall be the
appointing authority in the unit in respect of the staff of the Special Courts constituted for adjudication
of matters of criminal nature. Likewise in respect of special courts constituted for adjudication of
matters of any nature in the districts, the Principal District Judge shall be the appointing authority.

11. Manner of appointment by Direct Recruitment:-

The manner of appointment by direct recruitment shall be as prescribed in Annexure-II to


these rules.

12.Revision of orders promotion to selection posts:

An order promoting a member of the service to a selection category made by a competent


authority, may be revised by an authority to which an appeal would lie against an orders of dismissal
passed on such member, such revision may be made by authority aforesaid either sue moto at any
time or on a petition submitted by any person aggrieved by the order, within six months from the date
of passing of such order:
Provided that the revisional authority if sufficient may extend the said period of six months
cause is shown for the delay in the submission of petition.
13. Re-allotment of approved candidates:-

All re-allotments of approved candidates from one unit to another in the service or from this
service to another or vice versa may be made by the unit officers concerned in consultation with each
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other with the concurrence of High Court and subject to the condition that persons seeking re-
allotment shall forego the unit list and take their rank last in the approved list in the administrative unit
to which they seek respondents-allotment and to receive no traveling allowance for their journeys to
the unit to which they are respondents-allotted.

14. Temporary appointments:- Omitted.

15. Probation:-

(a) Every person appointed by direct recruitment to any post in the service shall, from the date
on which he commences probation, be on probation for a total period of two years on duty
within a continuous period of three years.
(b) Every person appointed to any of the posts either by promotion or by transfer shall, from the
date on which he commences probation, be on probation for a total period of one year on
duty within a continuous period of two years.

Special provision in respect of Probation and seniority in certain cases:

(c) Notwithstanding anything contained in these rules, a person promoted or appointed by


transfer on or after the 23rd January, 1969 to a category, shall be deemed to have
commenced his probation in that category from the date on which he has been continuously
on duty in that category for a period of not less than two months from the date of promotion
or appointment by transfer.

16. (1) Probation – Suspension – Termination or extension:

At any time before the expiry of the period of probation referred to in rule 15 or where such period of
probation has been extended under rule 17 the appointing authority may, at any time before the expiry of
the prescribed period of probation or the extended period of probation, as the case may be.
(i) Suspend the probation of a probationer and discharge him for want of a vacancy, and

(ii) At its discretion by an order, either extend the period of probation of the probationer in case
the probation has not been extended under Rule 17 or terminate his probation and discharge him
from service after giving him one month’s notice or pay in lieu of such notice:
Provided that if the termination or probation and the discharge of the probationer from
service is to be made as a measure of punishment on the ground of misconduct, negligence
or any specific fault on the part of the probationer, the procedure prescribed in sub rule (2) of
Rule 19 of the Andhra Pradesh Civil Service (Classification, Control and Appeal) Rules, shall
be followed and it shall not be necessary to give him one month’s notice or pay in lieu of
such notice.

Explanation: In cases where the discharge of a probationer is made reverting him to his
lower officiating or substantive post, the pay in lieu of one month’s notice shall be limited to
the difference in pay between the officiating post and that of the lower officiating or
substantive post to which he is reverted.
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(2) (i): If such probationer has appeared within the original or extended period of probation for any
such tests and the results of the tests for which he has so appeared are not known before the expiry
of such period, he shall continue to be on probation until the publication of the results of the tests for
which he has appeared or the first of them in which he fails pass, as the case may be. In case the
probationer fails to pass any of the probation tests for which he has so appeared, the appointing
authority shall forthwith, by order discharge him unless the period of probation is extended under rule
17 (ii) where a probationer has, before he commenced his probation, already passed any of the
special tests prescribed, he shall not be required to pass such special test again.

(3) (i) Approved Probationer: If, at the end of the period of probation or of the period of probation as
extended under rule 17, the appointing authority considers the probationer to be suitable for full
membership, it shall issue an order declaring the probationer to have satisfactorily completed his
period of probation. On the issue of such order, the probationer, the probationer shall be deemed to
have satisfactorily completed his probation on the date of the expiry of the prescribed or extended
period of probation; if the appointing authority decided.

(ii) Termination of Probation: - If the appointing authority decided that the probationer has failed to
give satisfaction in regard to his suitability for full membership he shall unless the period of probation
is extended under rule 17, by order discharge him from service, after giving him one month’s notice
or pay in lieu of such notice:

Provided that if the discharge of probationer is as a measure of punishment on the ground of


misconduct, negligence or any specific fault on the part of the probationer, the procedure prescribed
under rule 20 of the Andhra Pradesh Civil Service (Classification, Control and Appeal) Rules, 1991
shall be followed and it shall not be necessary to give him one month’s notice or pay in lieu of such
notice.

Explanation I:- The decision of the appointing authority that the probationer has failed to give
satisfaction in regard to his suitability for full membership may be based also on his work and conduct
till the date of the decision, inclusive of the period subsequent to the prescribed or extended period of
probation.

Explanation II: In case where the discharge of the probationer is made by reverting him toi his lower
officiating or substantive post, the pay in lieu of one month’s notice shall be limited to the difference in
pay between officiating post and that of the lower officiating or substantive post to which he is
reverted.

(ii) Decision on declaration of probation: The decision whether a probationer is suitable for such
membership or his probation be ext ended shall be taken soon after the expiry of the prescribed
period of probation i.e., within a period of six months after such expiry and communicated to him. The
appointing authority shall communicate the lapse on the part of the probationer well in advance of the
expiry of the prescribed period of probation so that he may rectify such lapse.
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17. Extension of probation:- In the case of any probationer falling under sub-rule (2) or clause (II) of
sub-rule (3) of rule 16, the appointing authority may extend his probation to enable him to acquire the
special qualifications or pass the prescribed tests or, as the case may be, to enable the appointing
authority to decide whether the probationer is suitable for full membership or not. Such extended
period of probation or the period of probation as extended under clause (ii) of sub-rule (1) of the rule
16 shall terminate at the lastest when the probationer has, after the date of expiry of the period of
probation prescribed for the class or category in which he is on probation, completed one year of duty
in such category.

In case where the probation is extended increments of the probationer shall be postponed until he
completes his probation satisfactorily by the period for which his probation is extended. Such
postponement of increment shall not be treated as a penalty but only as a condition of extension of
probation and shall not have the effect of postponing future increments after he has passed the
prescribed tests of examinations or after he completes his probation satisfactorily.

18. Appeal against termination or probation:-

(1) A probationer who is discharged under clause (ii) or sub-rule (1) or under sub-rule 93) of rule
16 shall be entitled to appeal to the High Court within the period of limitation within which an
appeal would lie against an order or dismissal passed against a full member of the division or
category as the case may be to which the probationer belongs.
(2) Revision of order to termination of probation:- The High Court may, either of its own
motion or otherwise revise any order discharging a probationer under any of the provisions
referred to in sub-rule (1) within one year of the date of such order.
(3) Condition of service on restoration of discharge probationers:- (i) When an order
discharging a probationer is set aside on appeal under sub-rule (1) or on reversion under
sub-rule (2) and the probationer is restored to the service, the period on and from the date of
discharge to the date of such restoration may be treated as duty except for purposes of
probation. The period of probation undergone by such probationer at the time of his
discharge shall, however, count towards the period of probation prescribed by the rules
applicable to him.
19. Discharge of probationers and approved probationers for want of vacancies:
(ii) Such probationer may, during the period on and from the date of his discharge to the date of
his restoration, be paid such pay and allowances, not exceeding the pay and allowances to
which he would have been entitled if he had not been discharged, as the High Court may, with
the previous sanction of the State Government, determine.

19. Discharge of probationers and approved probationers for want of vacancies: (1) Probationers
and approved shall be discharged for want of vacancies in the following order:-

(i) First the probationers in order of juniority and


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(ii) Second, the approved probationers in order of juniority. The order of discharge may be
departed from in cases where such order would involve excessive expenditure on
traveling allowance or exceptional administrative inconvenience.

Explanation:- A member of the service who is transferred at his own request from one unit to
another shall, for the purpose of this sub rule, be treated as junior to all probationers appointed in
the new unit prior to his joining that unit, notwithstanding the fact he is already an approved
probationer or will complete probation earlier than the other probationers in that unit.

(2) Reappointment of probationers and approved probationers: Approved probationers and


probationers who have been discharged for want of vacancies shall be reappointed as vacancies
arise, in the inverse order laid down in clause (i) or (ii) or sub-rule (1).

Provided that the said order may be departed from in cases where such order would involve
excessive expenditure on travelling allowance or exceptional administrative inconvenience.

20. Appointment of full member: - (1) Subject to the provision of Rule 34 an approved
probationer shall be appointed to be full member in the category for which he was selected at the
earliest possible opportunity in any substantive vacancy which may exist or arise in the
permanent cadre of such category and if such vacancy existed from a date previous to the issue
of the order of appointment, he may be so appointed with retrospective effect from such date or
as the case may be, from such subsequent date from which he was continuously on duty as
member of the service in such category or in a higher category:

Provided that, where more than one approved probationer is available for such appointment as
full member, the senior-most approved probationer on the date of the vacancy shall be
appointed:-
Provided further that where by reason of administrative convenience a member of the service
completes his probation earlier than another member of the service who is senior to him, the
member who so completes his probation earlier shall not be confirmed before the member who is
senior to him. The senior member shall be confirmed according to his seniority in the service
after he completes satisfactorily the period of his probation.

(ii) A member of the service who is transferred on his own request from one unit to another shall
not, by reason of having completed his probation earlier than the other probationers in the
new unit, be confirmed before them.
(2) No person shall, at the same time, be a full member of this and another service, state or
sub-ordinate.
A probationer, approved probationer or full member of this service who is appointed to be full
members of another service shall cease to be a member of this service.
21. Seniority:-

(1) The seniority of a person in a category shall, unless he has been reduced to a lower
rank as a punishment, be determined by the date of his first appointment to such
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category. If any portion of the service of such person does not count towards
probation under rule 14(4) or rule (27) (4), his seniority shall be determined by the
date of commencement of his service, which count towards probation.

(2) The appointing authority may, at the time of passing an order appointing two or
moiré persons simultaneously to a category or fix either foir the purpose of satisfying
the rule of reservation of appointments or for any other reason, the order of
preference among them, and where such order has been fixed seniority shall be
determined in accordance with it.

(3) The transfer of a person from one category to another category carrying the same
pay or scale of pay after commencement of these Rules shall not be treated as first
appointment to the latter for purposes of seniority, and the seniority of a person so
transferred shall be determined with reference to the date of his first appointment to
the division of category from which he was transferred. Where any difficulty or doubt
arises in applying this sub-rule, the appointing authority shall determine seniority and
such decision shall be final.

(4) Where a member of any category is reduced, for a specified period, to a lower
category,

(a) in cases where the reduction does not operate to postpone future increment, the
seniority of such member on repromotion shall, unless the terms of the order of
punishment provide otherwise, be fixed in the higher category at what it would have
been but for his reduction.
(b) In cases where the reduction operates to postpone future increment, the seniority of
such member on repromotion shall, unless the terms of the order of punishment
provide otherwise, be fixed by giving credit for the period of service rendered by him
in the higher category.
(c) In case where an order of punishment passed prior to the 10th June 1963, does not
specifically provide otherwise, such member shall, on completion of such period, be
promoted automatically and his seniority shall be determined in accordance with the
provisions of clause (a) or clause (b), as the case may be.

22. Scope of application or rules: For the purpose of first appointment, discharge for want of
vacancies, reappointment, seniority and appointment of full members, every post or group of posts in
a category for which qualification in a particular subject is prescribed shall be deemed to be a
separate category.

23. Training:- (a) Every person selected for appointment by direct recruitment as Junior Assistant
shall undergo training for a period of not less than three months or for such period as the High Court
may prescribe from time to time.
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(b) Every person appointed to the service by direct recruitment shall, before the commencement of
training, execute an agreement bond that he shall serve the Department for a period of three years
after the completion of training referred to in sub-rule (a).

(c) He shall be liable to refund to the Government the pay and allowances or any other remuneration
received by him in addition to the amount spent by the Government in his training:-

(i) If he fails to serve the Department for a period of three years after the completion of his
training, for any reasons; or

(ii) If he discontinues the training or is discharged from training course for misconduct or any
other reasons; or

(iii) If he secures any other employment elsewhere than under the State Government.

(d) The period of training shall count for purposes of probation, increments, leave and pension.

(e) A direct recruit shall be eligible during the period of training for the initial pay of the post with usual
allowances admissible at the place of training.

24. Security:-

(a) Where the State Government have, by general or special order, direct that the holder of any
specified posts or category of posts shall deposit security for the due and faithful
performance of his duties.
(b) Every person appointed to the following posts shall for the due and faithful performance of
duties attached thereto, deposit security in the sum specified below:

(i) Post in Category 2 ………. RS.1,500/-


(ii) Category 3 ………. Rs.1,000/-
(iii) Category 9 ………. Rs. 500/-

(c) If within a month from the date of his appointment or promotion person concerned fails to
deposit security required, his probation shall be deemed to have been terminated and the
appointing authority shall forthwith, by order, discharge him from service or revert him to the
post from which he was promoted as the case may be unless he has already been otherwise
discharged or reverted.

Provided that the termination of probation under sub-rule shall not disentitle a person to
promotion to any post in the service which does not require security and for which he would
have been eligible for promotion otherwise that by reasons of his promotion or appointment
to those posts.

25. Probationers – desiring courses of study not connected with probation:-

(1) A probationer who desires to undergo any course study, which though not essentially
connected with his probation is likely to enhance his usefulness as a member of the service,
may, on his application and subject exigencies of service, be permitted by the appointing
14

authority to undergo the desired course of study. He shall also be granted the entire amount
of leave, if any, admissible under the rule applicable to him, if but for such leave he would
have continued to be on duty.
(2) Such a probationer shall, on the completion of the course of study, be entitled to
respondents-appointment according to the rank and seniority held by him in his unit in the
category before undergoing the said course of study. He shall also be entitled to count his
continuous service immediately before his undergoing the said course of study for increment
in the time scale of pay applicable to him but for his absence from the service (whether on
leave or otherwise) for undergoing the said course study, he would have continued to be on
duty.
(3) The absence of an employee as above shall be regularized in accordance with the
provisions of Fundamental Rules.

26. Special provisions relating to Copyists and Process Establishment:

Nothing in these rules shall affect the operation of the copyists and process establishment
rules in the Civil Rules of Practice and Circular Orders, Volume-I.

27. Temporary Promotions:

(1) (i) Where it is necessary in the public interest owing to an emergency which has arisen to fill
immediately a vacancy in a post borne on the cadre of a higher category of the service by
promotion from a lower category and there would be undue delay in making such promotion
in accordance with these rules the appointing authority may promote a person otherwise
than in accordance with these rules, temporarily, until a person is promoted in accordance
with these rules. Such promotion shall not, except with the specific permission of the High
Court, exceed a period of six months. The High Court may grant such permission only for
stated reasons and in very exceptional cases without prejudice to the normal claims of any
other employees.

(ii) No person who does not posses the qualifications prescribed for the post shall ordinarily
be promoted under clause (i). Every person who does not posses such qualifications and
who has been or is promoted under clause (i) shall be replaced as soon as possible by
promoting a person possessing such qualifications.

(2) Where it is necessary to fill a short vacancy in a higher category in any division of the service
by promotion from a lower category and the appointment of the person who is entitled to
such promotion under these rules would involve excessive expenditure on traveling
allowance or exceptional administrative inconvenience, the appointing authority may promote
any other person who possesses the qualifications, if any, prescribed for the higher category.

(3) A person temporarily promoted under clause (i) of sub-rule (1) shall, whether or not
possesses the qualification prescribed for to the post to which he is promoted, be replaced
15

as soon as possible by the member of the service who is entitled to promotion under these
rules.

(4) A person promoted under sub-rule (I) shall not be regarded as a probationer in the higher
category or be entitled by reason only of such promotion to any preferential claim to future
promotion to such higher category. If such person is subsequently promoted to the higher
category in accordance with these rules, he shall commence his probation, if any, in such
category from the date of such subsequent promotion or from such earlier date as the
appointing authority may determine.

(5) The appointing authority shall have the right to revert to a lower category any person
promoted under sub-rule (i) of sub-rule (2) at any time without assigning any reason and
without notice.

28. Transfers and postings:-

(1) The transfers and postings of person shall, ordinarily be made by the appointing authorities
within the unit.

(2) Transfer of members of the service who are full members or approved probationers from the
jurisdiction of one appointing authority to that of another shall be made by the High Court of
Judicature, Andhra Pradesh.

Provided that the seniority of a member who is transferred on administrative grounds shall be
fixed with reference to the date of his appointment in the unit from which he is transferred,
seniority of a member transferred on his own request from one Unit to another shall have his
seniority fixed in the later Unit with reference to the date of his first appointment in that Unit.

(3) Transfers of Administrative Officers from one Unit to another shall be made by the High
Court of Judicature, Andhra Pradesh.

(4) It shall be competent for the High Court to combine two or more districts into one unit of
appointment for purposes of transfer and posting of personnel working in the district or units.
In cases of transfer of any such personnel, the provisions of Rule 38 of Andhra Pradesh
State and Subordinate Rules shall, unless specifically ordered otherwise, apply.
In cases of such combination of Units of appointment, each appointing authority may submit
proposals for transfer to the High Court, which shall pass final orders in that regard with the
concurrence of both the unit heads, the High Court shall transfer candidate from one unit to
other unit.
29. Consequences of resignation:- A member of the service shall, if he resigns his appointment,
forfeit not only the service rendered by him in the particular post held by him at the time of resignation
but all his previous service under the Government of Andhra Pradesh or any other State Government
in India.
16

The reappointment of such person to the service shall be treated in the same way as a first
appointment to the service by direct recruitment and all rules governing such appointment shall
apply; and on such reappointment shall not be entitled to count any portion of his previous service for
any benefit of concession admissible under any rule or order;

Provided that nothing contained in this rule shall effect the operation of clause (b) of Article
418 of the Civil Service Regulations.
30. Military duty to count for pension:- Notwithstanding anything in these rules and
notwithstanding anything contained in the pension rules made or deemed to be made by the State
Government, a member of the service who was deputed for military duty shall be entitled to count the
periods spent on military duty for purpose of pension if he would have counted for that purpose his
service in the civil department but for his deputation for military duty.

Explanation:- This rule, shall, in its application to a member who has been or may be called to or
employed in service paid for from Defence Services Estimates, be subject to the condition specified
in the letter of the Government of India, War Department (Army Branch) to the Adjutant – General in
India, No.11008/AGAINST – 14(a), dated the 11th June, 1944, recorded in G.O.Ms.No.465, Finance,
dated 6th September, 1944.

31. Reduction of full member:- If a full member of any category in the service is subsequently
reduced to a lower category, he shall be deemed to be a full member of the latter and the permanent
cadre thereof shall, if there is no vacancy in which he could be absorbed, be deemed to be increased
by one so long as such member continues therein;

Provided that against every such addition, an officiating or temporary vacancy, if any, in such
lower category shall be kept unfilled and such addition shall be absorbed in the first permanent
vacancy that subsequently arises in such lower category.

32. Appointment in place of members dismissed, removed or reduced:-

Where a person has been dismissed, removed or reduced from any category in the service,
no vacancy caused thereby or arising subsequently in such category in the service shall be
subsequently filled to the prejudice of such person except temporarily until the appeal, if any,
preferred by him against such dismissal, removal or reduction is decided and except in conformity
with such decision, or until the time allowed for preferring an appeal has expired, as the case may be.

33. Relinquishment of Rights by members: Any person may in writing, relinquish any right or
privilege to which he may be entitled under these rules, if, in the opinion of the appointing authority,
such relinquishment is not opposed in public interest and nothing in these rules shall be deemed to
require the recognition of any right or privilege to the extent to which it has been so relinquished.

34. Members absent from duty: These absence of a member of the service from duty, whether, on
leave, on foreign service or on deputation or for any other reason and whether his lien in a post borne
on the cadre of the service is suspended or not, shall not if he is otherwise fit, render his ineligible in
his turn.
17

(a) For re-appointment to a substantive or officiating vacancy in the category or post in


which he may be a probationer or any approved probationer.

(b) For promotion from a lower to higher category in the service; or

(c) For appointment to any substantive or officiating vacancy in another service for
which he may be an approved candidate, as the case may be, in the same manner
as if he had not been absent. He shall be entitled to all the privileges in respect of
appointment, seniority, probation and confirmation, which he would have enjoyed,
but for his absence, subject to his completing satisfactorily the period of probation on
his return.

Provided that a member of the service who is appointed to another service and is a
probationer or an approved probationer in that latter service, shall not be appointed
under clause (c) to any other service for which he may be an approved candidate
unless he relinquishes his membership in the latter service, in which he is a
probationer or an approved probationer.

35. Re-appointment of members of the service discharged on account of affliction


with tuberculosis:-

1) Every member of the service discharged on account of affliction with tuberculosis, shall
be eligible for reappointment to the post held by him prior to his discharge as aforesaid,
or to a post of the same rank and status in the service, if he is declared non-infective and
medically fit for Government service by a tuberculosis specialist or a medical authority
authorised in this behalf by the Government. Such person shall be eligible for
reappointment in the service whenever there are suitable vacancies.

2) For the purpose of determining whether any such member possesses the age,
qualification, the period of his service in the post held by him prior to his discharge shall
be deducted from the actual age and if the age so computed does not exceed the
prescribed age limit by more than three years, he shall be deemed to be within the
prescribed age limit.

3) On reappointment of any such member, the actual service rendered by him prior to his
discharge from service shall count for purposes of pension seniority and pay to the
extent to which it would have been counted for the said purposes had he not been
discharged. The break in service between the date of discharge and the date of re-
appointment shall not, however, count for any purpose, but his service shall, otherwise,
be regarded as continuous. On reappointment of such a member to the same post or to
a post of the same rank and status, the service which has not been counted for
increments before up to a maximum of one year and any leave to his credit under the
18

leave rules by which such member was governed at the time of his discharge shall also
be allowed to be carried over to his account.

4) The provision of this rule shall have effect notwithstanding anything in these rules.

36(A) Relaxation of Rules by the Governor:-

Notwithstanding any thing in these rules the Governor of Andhra Pradesh may relax the
application of the rules in relation to any member of the service or any person to be appointed to the
service.

Provided that where any such rule is applicable to the case of any person, the case shall not
be dealt with in a manner less favourable to him than that provided by the rules.
36(B) Relaxation of rules by the High Court:- Without prejudice to the power of the Governor under
Rule 36-A, the High Court shall also have the powers to relax any of the rules and deal with the case
of a member of the service holding a post carrying a scale of pay less than that of a Junior Assistant
or any person to be appointed to such post in so far as such case relates to the service conditions
governed by these rules in such manner as may appear to it to be just and equitable.

Provided that where any such rule is applicable to the case of any member, the case of any
member the case shall not be dealt with in any manner less favourable than that provided by that
Rule.

37. Applicability of General Rules:-

In respect of matters, which are not covered by these rules, the provisions of the Andhra
Pradesh State and Subordinate Service Rules shall apply to the members of service.

38. Transitory Provisions:

In case of person who are in service on the date of issue of these rules and who are eligible
for promotion or transfer to a higher post and for whom a test is now prescribed as a pre-requisite for
such promotion or appointment by transfer but for whom such test was earlier required to be passed
after promotion or transfer within the period of probation, may be promoted or transferred, even
through they had not passed the tests, but shall be required to pass the test within the prescribed
period of probation for such higher post. This concession shall be in force for a period of two years
from the date of issue of these rules.

39. Repeal and Saving:-

The Special Rules issued in G.O.Ms.No.206, Home (Courts-A) Department, dated 7th
February 1964 as amended from time to time are hereby repealed.

Provided that nothing in these rules shall effect the appointments made in accordance with
the repealed rules prior to the coming into force of these rules.
19

ANNEXURE
(See Rule 8)
Sl. Category and name Method of Qualifications
No. of the post appointment
1. Administrative Officer By promotion Must be a graduate
from category 2
2. Superintendent By promotion Must have passed Translation Test i.e.,
(i) Translation from English to the Regional
Language and (ii) Translation from
Regional Language to English.

3. Senior Assistant By promotion i) Must have passed Civil Judicial Test


Parts I & II and Criminal Judicial Test.
ii) Must have passed Accounts Test for
Subordinate Officers, Part-I.

Note 1: A person who possesses a Degree in Law


of any University in India established or
incorporated by or under a Central Act, Provincial
Act or a State Act or an institution recognized by
the University Grants Commission the syllabus of
which includes procedure shall not be require to
pass Civil Judicial Test Parts I & II and Criminal
Judicial Test.

2. For promotion to posts in categories 1 to 3


preference shall be give to the member who hold
a degree in law of any University in India
established or incorporated by or under a Central
Act, Provincial Act or a State Act or an institution
recognized by the University Grants Commission,
besides being otherwise qualified and suitable for
appointment.

4. Junior Assistant (i) By direct Must have passed intermediate examination


recruitment conducted by A.P. State Board of Intermediate
(ii) or by Examination or any equivalent examination.
promotion
5. Personal Assistant (i) By direct i) Must have passed Intermediate Examination
recruitment conducted by A.P. State Board of
(ii) By conversion Intermediate Examination or any equivalent
examination.
ii) Must have passed A.P. Government
Technical Examination in English Typewriting
by Higher Grade.
iii) Must have passed A.P. Government
Technical Examination in English Shorthand
by Higher Grade. Provided that if candidates
who have passed the examination by the
Higher Grade are not available those who
have passed the examination by the lower
grade.

In addition to the above qualifications, if the


candidates who passed Andhra Pradesh
Government Technical Examination in Shorthand
and Typewriting by lower grade in Telugu shall be
given preference for appointment by direct
recruitment.
20

6. Typist By direct i) Must have passed intermediate Examination


recruitment or by conducted by Andhra Pradesh State Board of
promotion or by Intermediate Examination or any equivalent
conversion. examination.
ii) Must have passed Andhra Pradesh
Government Technical Examination In English
Typewriting by Higher Grade.

In addition to the above qualifications, if the


candidates who passed the Typewriting in Telugu
by Lower Grade on Government Standard key
Board shall be given preference for appointment
by direct recruitment.

7. Examiner By direct Must have passed Intermediate Examination


recruitment or by conducted by the Andhra Pradesh State Board of
promotion or by Intermediate Examination or any equivalent
conversion examination.

8. Copyist By direct i) Must have passed Intermediate Examination


recruitment or by conducted by Andhra Pradesh State Board of
conversion. Intermediate Examination or any equivalent
Examination.
ii) Must have passed Andhra Pradesh
Government Technical Examination in English
Typewriting by higher grade.

Provided that if candidates who have


passed the examination by the Higher Grade are
not available those who have passed the
examination by the lower Grade.

In addition to the above qualifications, if the


candidates who passed Andhra Pradesh
Government Technical Examination in Typewriting
by Lower Grade in Telugu on Standard Key Board
shall be given preference for appointment by direct
recruitment.

9. Field Assistants By direct Must have passed intermediate examination


recruitment or by conducted by Andhra Pradesh State Board of
transfer Intermediate Examination or any equivalent
examination.

Note: 1:- A person who has appeared for the test on the date of occurrence of the vacancy in the
higher post and passed the same subsequent thereto shall be treated as qualified on the
date following the date of completion of the test or tests, if as on that date there is a
vacancy in higher category remaining unfilled for want of a test qualified candidate.

Note: 2:- A person appointed to a post in accordance with the rules applicable to him at the time of
his appointment shall not be required to acquire higher qualifications prescribed for that
post subsequent to his appointment.
21

ANNEXURE-II

(See Rule 10)

Manner of appointment by direct recruitment:- for Junior Assistants, Typists and Steno-Typists

(A)

i) Every Unit officer shall;

1) Not later than the 1st of July of every year estimate the number of vacancies which
are expected to arise during the following year within his jurisdiction of copyists,
examiners, field assistants which are to be filled by direct recruitment.

2) As soon as possible after the said date, announce the qualifications required of the
candidates and the number of vacancies to be filled in each category and invite
applications fixing the 1st August of that year as the last date for receipt of
applications.

3) Considered all applications received in time and conduct written examination/


interview such candidates as are considered most suitable for appointment; and

4) Not later than the 1st December of the year draw up a list of approved candidates of
such number as may be considered necessary and suitable, the names, being
arrange in order of preference.

ii) The list of approved candidates for appointment to the service of copyists, examiners, field
assistants, record assistants and last grade servants shall be prepared separately in
accordance with the rule of reservation of appointment (General Rule 22).

iii) When a candidate is required for appointment to the service in a class or category referred in
clause (i), the Unit Officer shall allot the senior candidate on appropriate list in force subject to
his being qualified under these rules.

(B) Notwithstanding anything herein before, the names of such of the candidates included in any of
the lists as have been appointed to the service before the publication of fresh list, shall, in the order in
which they are arranged in that list be included in, and he placed at the top of the appropriate part of
the fresh list, or if no fresh list is prepared, the current list containing only the names of the unallotted
candidates in the order in which they are arranged there in shall be published as a fresh list.
22

ANNEXURE-III

District Language

Anantapur Telugu and Kannada


Chittoor Telugu and Tamil
Cuddapah Telugu
East Godavari Telugu
West Godavari Telugu
Guntur Telugu
Krishna Telugu
Kurnool Telugu
Nellore Telugu
Srikakulam Telugu and oriya
Visakhapatnam Telugu
Hyderabad Telugu and Urdu
Adilabad Telugu, Urdu and Marathi
Karimnagar Telugu and Urdu
Khammam Telugu and Urdu
Mahaboobnagar Telugu and Urdu
Medak Telugu and Urdu
Nalgonda Telugu and Urdu
Nizamabad Telugu and Urdu
Warangal Telugu and Urdu

K.G.SHANKAR,
Secretary to Government

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