PROCEDINGS OF THE
COMMISSIONER OF COMMERCIAL TAXES,
Present: V.ANIL KUMAR,
I.A.S.,
TS CCT’s
Ref.No.C(DX2)/937/2012 – Zone VI (1995 batch) Dated: 04.06.2016
Sub: SUITS –
O.A.No.3960/2012 filed by Smt.N.Aruna, DCTO, and D.Shailaja, DCTO (1995 DR ACTOs of Zone-VI) before the Hon’ble APAT – Orders passed - Revised integrated seniority
list of ACTOs for the panel year 1992-93 to 1999-2000 of Zone VI –
As per APPSC Merit
Ranking - Revised Integrated show cause notice
issued – Objections
Called for – Objections
received – Examined – Final – Orders –
Passed Reg.
Ref: 1.CCT’s Ref.No. DX2/1469/2011-Zone VI, dtd.
23-4-2012.
2. Orders of The Hon’ble APAT O.A.No.3960 of 2012, dated. 15.10.2012.
3.
G.O.Rt. No.28, Revenue (CT.I) Department, Dt.23-01-2015.
4. Representation of Smt.
N.Aruna, DCTO, Zone VI, Dt.05-11-2012
(1995 DR ACTO batch)
5.
Representation of Smt D.Shailaja, DCTO, Zone VI, dt. 05-11-2012.
(1995 DR ACTO batch)
6. TS CCT’s Ref. No.
C(DX2)/937/2012-1, dtd. 13-1-2016.
7. Representation of Sri M. Dhananjaya
Naik, CTO, Jeedimetla
Circle, dtd. 14-03-2016.
8.
Representation of Sri P. Bheemla, CTO,
dtd. 14-3-2016.
9. Representation of Sri L. Narahari, CTO, IDA Gandhi Nagar
Circle, dtd. 14-3-2016.
*****
The integrated
seniority list of ACTOs for the panel year 1975-76 to 1991-92 and for the panel
year 1992-93 to 1999-2000 of Zone-VI has
been revised/finalized vide CCTs Ref. No. DX2/1469/2011 Zone VI, dtd. 23-4-2012.
Subsequently, as per the Government orders in the reference 3rd
cited, seniority of ACTOs for the panel year 1992-93 to 1999-2000 of Zone-VI was
also revised.
The Hon’ble APAT have issued orders dt 15-10-2012 in O.A.No. 3960 of 2012 filed by Smt. N.Aruna and
D.Shailaja, DCTO’s (DR ACTOs of Zone-VI)
with directions as follows:
“In the light of the submissions
made by the learned counsel for the applicants and in the light of the
judgement in O.A. No.3044/2009 dated 26-12-2011, the O.A. is disposed of,
directing the respondents to prepare fresh seniority list as per the merit
ranking given by the A.P. Public Service Commission and also as per the
provisions of Rule 33(b), 36(i) of the A.P. State and Subordinate Service
Rules after giving opportunity to the
affected parties”.
In view of the above orders of the Hon’ble Tribunal, Smt. N.Aruna, DCTO,
and D.Shailaja, DCTO (DR ACTOs of Zone-VI) have requested the Commissioner (CT),
to revise the integrated seniority list in the cadre of ACTOs (DR) only for the
above panel years as per APPSC merit ranking.
The merit list of selected
candidates as per merit by direct recruitment ACTO’s of Zone-VI relating to
Group-II services, Notification No’s. 8/90 has been obtained from the
Secretary, APPSC,
In view of the above orders of A.P.A.T. in O.A. No. 3960/2012, it is proposed to revise in so far as DR ACTOs in the seniority list of DR ACTOs batch 1995 as per their ranking given by APPSC in Zone VI i.e., Secunderabad and Hyderabad (Rural) Divisions from the panel year 1992-93 to 1999-2000 vide reference 1st cited, to implement the merit ranking and accordingly the proposed seniority list of DR ACTOs of 1995 batch, a revised show cause notice was issued vide reference 6th cited and affected persons were requested to file their written objections, if any, within fifteen (15) days from the date of publication in the C.T. Department portal www.tgct.gov.in.
Aggrieved by the above show cause notice, the following individuals have filed objections.
1. Sri M. Dhananjaya Naik, CTO, Jeedimetla
Circle.
2. Sri P. Bheemla, CTO,
3. Sri L. Narahari, CTO,
Common objections
filed by Sri M. Dhananjaya Naik and Sri P. Bheemla and Sri L. Narahari, CTO’s:-
(a) They stated that the individuals who filed
O.A.No.3960/2012 (Smt N. Aruna and Smt D. Shailaja) in APAT have
not raised their objections either during the finalization of seniority lists
by the Nodal Deputy Commissioners (CT) or during the finalization of integrated
seniority list of ACTOs of Zone VI by the CCT at any stage. Further, they have
neither raised any objections during the finalization of Zonal seniority lists
of DCTOs of Zone VI and also during the finalization of State wide Integrated
Seniority lists of DCTOs of all Zones. They have neither Appealed to the
Appellate authorities nor filed any representations for revision of seniority
list finalized so far in the cadre of ACTO or DCTO. Thus they do not have any
moral right to question the seniority lists finalized long back which has been
time barred.
(b) The proposed revision of seniority
will have a direct impact on the seniority lists in the cadre of ACTO and DCTO
of all Zones in united A.P. as the lists were finalized long back at Zonal
level and State level. Thus the seniority lists in the cadre of ACTOs and DCTOs
have to be accordingly revised, as such all the above seniority lists have been
finalized in United A.P. As per the A.P. Reorganization Act, 2014, any orders
which will have impact on the orders finalized prior to the bifurcation of
State of
The individuals stated that as per
the rule position, the seniority lists of employees joined prior to the
issuance of GO Ms No. 436, General Administration (Ser. D) Department, Dated.
15-10-1996 and Government Circular Memo. No. 16 / Ser. A / 93-39, General
Administration (Ser. A) Dept, Dated. 21-04-1999 shall not be disturbed or
revised. The seniority of the DRs who have joined prior to 1996 shall be fixed
strictly as per the inter-se list issued by the APPSC as per roaster points
specified by the APPSC and the seniority of DR CTOs joined after 10/1996 shall
be fixed in consultation with APPSC and as per the merit list issued by the
APPSC, whereas, in my case, the APPSC was not been consulted for giving its
opinion.
(c) Further, they submitted that they have joined as DR ACTO on 30-06-1995 and
the newly amended rules shall not be applicable to them and the seniority lists
which were finalized long back based on
the old regulations in the cadre of ACTO and DCTO shall not be disturbed now.
The judgment issued in O.A. No.3960/2012
is as under.
“In
the light of the submissions made by the learned counsel for the applicants and
in the light of the judgment in O.A. No.3044/2009 dated 26-12-2011, the O.A. is
disposed of, directing the respondents to prepare fresh seniority list as per
the merit ranking given by the A.P. Public Service Commission and also as per
the provisions of Rule 33 (b), 36 (i) of the A.P. State and Subordinate Service
Rules after giving opportunity to the
affected parties”.
The judgment itself is the
explanatory to the fact that the seniority lists have to be prepared ‘as per
the merit ranking given by the A.P. Public Service Commission and also as per
the provisions of Rule 33 (b), 36 (i) of the
(d) Further, they stated that the orders
in O.A. No. 3960/2012 by the Hon’ble APAT were issued based on the judgment
issued in O.A. No. 3044 of 2009 which is related to the DR ACTOs of Zone III,
who have joined in 2005-06. Whereas, in the instant case the petitioners are
the DR ACTOs who have joined in 1995 i.e. prior to 1996 and prior to the
amendment of
The individuals have requested
to withdraw the proposed revision of seniority list.
Reply:
The objections filed by the above individuals have
been examined with reference to A.P. State & Sub ordinate Service Rules,
orders of the Hon’ble Tribunal issued in respect of the Applicants in CA
no.608/2014 in OA No.3960/2012, also orders of Tribunal issued in similar other
cases, orders of Hon’ble High Court of Andhra Pradesh and also the orders of
Hon’ble Supreme Court of India.
As
per Rule 33(b) and Rule 36(i) of AP State and Subordinate Rules, the
inter-se-seniority among the direct recruit individuals have to be fixed as per
the merit ranking assigned to them by the Andhra Pradesh Public Service
Commission. The relevant Rules are extracted below:
A.P. State & Sub ordinate Service Rules, 1996:
Rule 33:
(b) The appointing authority may, at the time of
passing an order appointing two or more pensions simultaneously to a service,
fix either for 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 :
Provided further that the order of merit or order of
preference indicated in a list of selected candidates prepared by the Public
Service Commission or other selecting authority, shall not be disturbed
inter-se with reference to the candidates position in such list or panel while
determining the seniority in accordance with this rule and notional dates of
commencement of probation to the extent necessary, shall be assigned to the persons
concerned, with reference to the order of merit or order of preference assigned
to them in the said list.
As per clause (i) of Rule 36 of
A.P.State and Subordinate Services Rules the inter-se-seniority of direct
recruits shall be determined as follows:
“(i) In respect of the candidate selected by the Andhra
Pradesh Public Service Commission or other selecting authorities by direct
recruitment, shall be with reference to their ranking assigned irrespective of
the date of commencement of their probation in that category.”
Smt.Aruna and Smt.D.Shailaja, DCTOs(now CTOs) have
filed O.A.No.3960 of 2012 before the Hon’ble Tribunal seeking to declare the
seniority list of ACTOs of Zone VI of 1995 batch of direct recruits vide CCT’ s
Ref.No. DX2/1249/2005, dated 15.11.2005 and CCT’s Ref.No.DX2/1469/2011 – Zone
VI dated 23-4-2012 issued by the Commissioner of Commercial Taxes as illegal
and arbitrary.
The applicants have contended that the seniority list
issued vide above proceedings dated 23-04-2012 of the Assistant Commercial Tax
Officers, belonging to the Batch of 1995 was prepared on the basis of the
roster points, without preparing the same on the basis of merit ranking under
Rule 33(b) and 36(i) of A.P. State and Subordinate Service Rules. They have therefore sought directions to the
respondents to prepare the seniority list on the basis of merit ranking by
exercising power under Rule 33(b), 36(1) of A.P.State and Subordinate Service
Rules.
The Hon’ble Tribunal vide its orders dated 15-10-2012
have passed the following orders:
“ In the
light of the submissions made by the learned counsel for the applicant and in
the light of the judgment in O.A.No.3044/2009, dated 26-12-2011, the O.A. is
disposed of, directing the respondents to prepare the fresh seniority list as
per the merit ranking given by A.P.P.S.C. and also as per the provisions of
Rule 33(b), 36(1) of the A.P.State and Subordinate Service Rules after giving
opportunity to the affected parties.
When the above orders were pending implementation for
want of supply of merit lists from the APPSC, the applicants have filed
Contempt Application No.608 of 2014 before the Hon’ble Tribunal.
The C.A came up for hearing before the Hon’ble Tribunal
on 22-4-2016 and after perusing the letter dated 21-04-2016 of Commissioner(CT)
seeking some more time to pass the orders in the matter, the Hon’ble Tribunal
adjourned the matter finally to
20-06-2016 for full compliance of the orders of the Hon’ble Tribunal.
The Hon’ble Tribunal in its earlier judgement
in a similar case, in the OA No.3044/2009, dated 26-12-2011, passed orders as
under:
“ In view
of the submissions made above and after going through the material placed on
record, it is appropriate to direct the respondents to prepare seniority list
as per the provisions contained in Rule 33(b) and 36 of A.P.State and
Subordinate Service Rules. In the
result, the OA is disposed of by setting aside the impugned seniority list
issued vide proceedings No.106-A/2006/A4, dated 8-12-2008 by respondent No.1
and the respondents are directed to prepare fresh seniority list as per the
ranking given by the A.P.Public Service Commissioner and also as per the
provisions contained in Rule 33(b) and 36 of A.P.State and Subordinate Service
Rules after giving opportunity to the affected parties. In viw this, M.A. stands closed.”
The Hon’ble Tribunal in its
orders dated 21-12-2010 in another similar case in OA No.1268/2008, relying on
the judgements of Hon’ble High Court of Andhra Pradesh in W.P.No.12237 and
12238/2001, and also Hon’ble Supreme Court judgement (2003) 5 SCC 304, held
that:
“The words “satisfying the rule of reservation of appointments in Rule
33(b) of the A.P.State and Subordinate Service Rules, should be understood that
the roster points have to be taken into consideration to fix the number of
vacancies available for them due to reservations and that does not mean that
roster points are to be followed for the purpose of seniority.”
The Hon’ble Tribunal issued following directions in
the above case:
“The first respondent is directed to prepare the seniority list of
direct recruits appointed pursuant to Notification No.10/99 on the basis of merit list in Table-I
furnished in this order and necessary orders to be passed after giving
opportunity to the effected parties within a period of 12 weeks from the date
of receipt of a copy of this Order.”
The Hon’ble High Court of Andhra Pradesh in W.P.No.12237
and 12238/2001, in the case of Smt. Victoria Devakumari vs Commissioner and
Director of School Education, Government of A.P.,
“The
Service Commission is the recruiting agency.
The merit list prepared by it will thus, have to be followed in Special
Rule 11(b) aforementioned. For the said
purpose, the State wide seniority list prepared by the Service Commission in
the order of merit in terms of the aforementioned rules is required to be
prepared. Reservation policy of the
State in terms of Rule 22 of the General Rules will have no bearing for
preparation of seniority list, is no longer res integra.”
Subsequently, the Hon’ble Supreme Court consisting of
Three Hon’ble Judges in a case between Bimlesh Tanwar Vs. State of Haryana
reported in (2003) 5 SCC 304 considered a similar question and following the
earlier judgments of the Hon’ble Supreme Court have held that the seniority cannot be fixed in terms of
roster points and should be on the basis of merit list only.
As per clause (i) of Rule 36
of A.P.State and Subordinate Services Rules the inter-se-seniority of direct
recruits shall be determined as follows:
“(i) In respect of the
candidate selected by the Andhra Pradesh Public Service Commission or other
selecting authorities by direct recruitment, shall be with reference to their
ranking assigned irrespective of the date of commencement of their probation in
that category.”
In view of the orders of the
Hon’ble Tribunal in the case of Applicants in the OA No.3960 of 2012, and also
the judgements of Hon’ble High Court of Andhra Pradesh and Hon’ble Supreme
Court of India and as per Rule 33(b) and 36(i) of A.P.State and Subordinate
Service Rules, there are no merits in the objections filed by Sri M.Dhananjay
Naik, Sri P. Bheemla and Sri L. Narahari.
The objections of the individuals that the applicants in the above OA
have never raised their objections regarding fixation of their seniority as per
the merit list of A.P.Public Service Commission while finalization of seniority
is not correct. The Applications have
raised their objections while finalization of their seniority in the cadre of
DCTO and requested to prepare the seniority as per merit list. Their request could not be considered for
want of receipt of Merit Lists from the AP Public Service Commission. In fact, the individuals should have
impleaded in the OA filed by the Applicants if they have any grievance against
the preparation of seniority list as per Merit List or appealed against the
orders of Hon’ble Tribunal in the above OA.
As there are no merits in the objections filed by the individuals, same are
hereby rejected.
In
view of the above, the seniority of DR ACTOs is revised as per the orders of
Hon’ble APAT in O.A. No. 3960 of 2012, dated 15-10-2012. Therefore, the proposed revision of integrated seniority of DR
ACTOs of 1995 batch of Zone VI as per APPSC merit ranking issued vide reference 6th cited is hereby
confirmed as shown in the Annexure which is subject to outcome of
SLP’s/W.P’s/O.A’s/C.A’s pending, if any, before the respective Appellate
forums.
A copy of this order is available in the
portal www.tgct.gov.in
Encl:
Annexure
Sd/- V. Anil Kumar
Commissioner of Commercial Taxes
To
All the individuals through
the DCs (CT), concerned.
Copy to the Deputy Commissioner’s (CT), Secunderaband
and
(Rural) Nodal Divisions.
Copy to the Additional Commissioner (CT), Central
Computer Wing, O/o CCT, TS,
C T
Department.
Copy to the Superintendent,
D Section, O/o Commissioner (CT),
Stock file/Spare
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