Guntur District Gazette

GUNTUR DISTRICT GAZETTE

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

Local No.122 Dt. 01-09-2008 Monday

PROCEEDINGS OF THE DEPUTY COMMISSIONER (CT),

GUNTUR DIVN, GUNTUR.

PRESENT: SRI K.SRINIVASA RAO, M.A.,B.L.Dip. Pub. Adm..,

Rc.No. 106-A/2006/A4 Dt.30-08-2008.

O R D E R:

In the reference 1st cited, the seniority list of Asst. Commercial Tax Officers in Zone-III, Guntur Nodal Division has been finalized on ad-hoc basis basing on the date of joining of direct recruits pending receipt of the ranking of the Direct Recruitment Asst.Commercial Tax Officers from the APPSC and the same was published in Guntur, Prakasam and Nellore District Gazettes.

In the reference 2nd cited, the Special Commissioner(CT), Hyderabad has communicated the merit ranking of the Direct Recruitee Asst. Commercial Tax Officers selected in the second spell and appointed, as received from the APPSC.

Accordingly the seniority list of the Direct Recruit Asst. Commercial Tax Officers for the above personal is proposed to be revised taking their merit ranking, now received from the APPSC, Hyderabad as shown in the annexure enclosed except the following candidates who have not joined this Department.

S.No. Sl.No. in the list communicate

1) 6 65/100 .. Venkata Ramana Nandipati

2) 7 66/100 .. Jayamani Bommala

3) 17 75/100 .. Hari Prasad Tiruveedhula

4) 28 86/100 .. Chinnapa Reddy Allam

The seniority of the following direct recruit A.C.T.O.s who do not pass the prescribed departmental tests with in the period of probation, their period of probation is to be determined in accordance with rule 16(h) of A.P.State and Sub-ordinate Service Rules, 1996 read with Govt.Memo.No.16252/CT-I/2/2007 dt. 02-02-2008 at the appropriate place taking their dates of passing the last examination, into consideration.

S.No. Name of the individual Date of last exam passed

1. Sri S.Visweswara Rao22-01-2006

2.Smt. M.Annapurna23-01-2006

3.Sri B.Srinivasa Rao11-09-2006

Accordingly, a show cause notice in the reference 4th cited was issued and published in District Gazettes in Zone-III calling for objections, if any, with in 15 days from the date of publication in the District Gazettes. The Show Cause Notice was published in the District Gazettes Extra Ordinary Guntur, Nellore and Prakasam Districts on 11-08-2008.

In response to the showcause notice, the following direct ACTOs have filed written objections against the above proposed seniority list in the cadre of ACTOs the objections filed have been examined carefully and critically and answered as under.

a)Objections filed by Sri P.Abraham Lincoln:

The individual objected the placing of E.Srinivasulu above his name as S.No.43 in the proposed seniority list stating that E.Srinivasulu has obtained 390.811 marks in the examination conducted by the APPSC, whereas he obtained 402.502 but placed his name at sl.no.133 in page no.3 of state wise merit list and therefore requested that his name may kindly be placed at an appropriate place in the seniority list considering, the original facts involved in the recruitment and appointing process in the case.

b)Objections filed by Smt R.Sailaja:

The individual objected for her placement below the name Sk.Shareena on the ground that she secured more marks 369.050 in the group-II examination conducted by APPSC than Smt Sk.Shareena who has secured 356.011 marks in the same examination and therefore requested that the name of Smt Sk.Shareena shall be placed below her name in the proposed seniority list.

c)Objections filed by Sri B.Rama Rao:

The individual objected to his placement below the name Sri P.S.S.V.Prasad Rao on the ground that he secured more marks 399.765 in the group-II examination conducted by APPSC whereas Sri P.S.S.V.Prasad Rao has secured 392.948 marks in the same examination and therefore requested that the name of Sri P.S.S.V.Prasad Rao shall be placed below his name in the proposed seniority list.

d)Objections filed by Smt N.Aswani:

The individual objected her placement below the names of Smt.Sk.Shareena and Smt. D.Aparna on the ground that she secured 364.400 marks in the group-II examination conducted by APPSC where as Smt Sk.Shareena and Smt.D.Aparna have secured 356.011 and 347.030 marks respectively in the same examination and therefore requested that the name of Smt Sk.Shareena and Smt D.Aparna shall be placed below her name in the proposed seniority list.

e)Objections filed by SriK.Krishnaiah:

f)Objections filed by Smt N.Aswani:

The above individuals have filed a common objection for the inter-se seniority of the Direct Recruit ACTOs stating

- that the APPSC prepared the ranking list as per the roaster points. The process of selection is intended only for application of rule of reservation but not to determine the inter-se-seniority of the selected candidates.

- that rule 33(b) of APS & S Rules 1996 clearly states that for the preparation of inter-se-seniority, order of merit shall be followed .

- that their names were shown at S.No.s 10 and 14 with roaster point Nos at 69 and 73 respectively of the ranking list prepared by the APPSC but whereas they stood at 4th and 5th rank in the merit list of 42 candidates selected in zone-III and thereby their merit was ignored in the proposed list.

- that in support, the individual relied upon the decisions of Apex Court in Ajit Singh Vs State of Punjab AIR 1999 SC 3471 and also Bimlesh Tanwar Vs State of Haryana and others AIR 2003 SC 2000 and requested for review of the proposed seniority list and to prepare according to the order of merit.

Answer to the objections:

All the objections raised by the above six Direct Recruitee ACTOs have been examined carefully. Prima-facie, it appears that there is some force in their contention. Issues of this nature has to be invariably resolved by the selection authority, namely, the APPSC, Hyderabad, and accordingly the matter would referred to the APPSC. As these six ACTOs are of 2004-05 batch, the finalization of seniority list of ACTOs for this year in the common show cause notice for the years 2000-01 to 2004-05, is deferred, until the issue in question is resolved. However, for the seniority list of ACTOs for the years 2000-01 to 2003-04, there are no objections and hence the same is finalized.

On the issue of seniority list for the year 2004-05 a supplementary seniority list will be communicated as and when the issue is resolved.

The seniority list finalized shall be subject the outcome of SLPs/WPs/OAs pending, if any, before the Hon’ble Supreme Court/High Court/APAT.

A copy of this order is available on the Internet and can be accessed at the address Sd/-K.SRINIVASA RAO

DEPUTY COMMISSIONER(CT)

GUNTUR DIVISION::GUNTUR

To

The Asst.Commercial Tax Officers (Direct Recruit)

Copy to the all Commercial Tax Officers with a request to download this notice

From Mail, serve on the Direct Recruitment Asst.Commercial Tax Officers

working in their offices and report the date of service forthwith.

Copy to the Deputy Commissioner(CT), Narasaraopet Division at Guntur and

Nellore Division at Nellore.

Copy submitted to the Addl. Commissioner (CT), Hyderabad for favour

information.

Published by Collector & District Magistrate, Guntur District

NELLORE DISTRICT GAZETTE

EXTRA ORDINARY

PUBLISHED BY AUTHORITY

Local No. 315 Dt. 01-09-2008 Monday

PROCEEDINGS OF THE DEPUTY COMMISSIONER (CT),

GUNTUR DIVN, GUNTUR.

PRESENT: SRI K.SRINIVASA RAO, M.A.,B.L.Dip. Pub. Adm..,

Rc.No. 106-A/2006/A4 Dt.30-08-2008.

O R D E R:

In the reference 1st cited, the seniority list of Asst. Commercial Tax Officers in Zone-III, Guntur Nodal Division has been finalized on ad-hoc basis basing on the date of joining of direct recruits pending receipt of the ranking of the Direct Recruitment Asst.Commercial Tax Officers from the APPSC and the same was published in Guntur, Prakasam and Nellore District Gazettes.

In the reference 2nd cited, the Special Commissioner(CT), Hyderabad has communicated the merit ranking of the Direct Recruitee Asst. Commercial Tax Officers selected in the second spell and appointed, as received from the APPSC.

Accordingly the seniority list of the Direct Recruit Asst. Commercial Tax Officers for the above personal is proposed to be revised taking their merit ranking, now received from the APPSC, Hyderabad as shown in the annexure enclosed except the following candidates who have not joined this Department.

S.No. Sl.No. in the list communicate

1) 6 65/100 .. Venkata Ramana Nandipati

2) 7 66/100 .. Jayamani Bommala

3) 17 75/100 .. Hari Prasad Tiruveedhula

4) 28 86/100 .. Chinnapa Reddy Allam

The seniority of the following direct recruit A.C.T.O.s who do not pass the prescribed departmental tests with in the period of probation, their period of probation is to be determined in accordance with rule 16(h) of A.P.State and Sub-ordinate Service Rules, 1996 read with Govt.Memo.No.16252/CT-I/2/2007 dt. 02-02-2008 at the appropriate place taking their dates of passing the last examination, into consideration.

S.No. Name of the individual Date of last exam passed

1. Sri S.Visweswara Rao22-01-2006

2.Smt. M.Annapurna23-01-2006

3.Sri B.Srinivasa Rao11-09-2006

Accordingly, a show cause notice in the reference 4th cited was issued and published in District Gazettes in Zone-III calling for objections, if any, with in 15 days from the date of publication in the District Gazettes. The Show Cause Notice was published in the District Gazettes Extra Ordinary Guntur, Nellore and Prakasam Districts on 11-08-2008.

In response to the showcause notice, the following direct ACTOs have filed written objections against the above proposed seniority list in the cadre of ACTOs the objections filed have been examined carefully and critically and answered as under.

a)Objections filed by Sri P.Abraham Lincoln:

The individual objected the placing of E.Srinivasulu above his name as S.No.43 in the proposed seniority list stating that E.Srinivasulu has obtained 390.811 marks in the examination conducted by the APPSC, whereas he obtained 402.502 but placed his name at sl.no.133 in page no.3 of state wise merit list and therefore requested that his name may kindly be placed at an appropriate place in the seniority list considering, the original facts involved in the recruitment and appointing process in the case.

b)Objections filed by Smt R.Sailaja:

The individual objected for her placement below the name Sk.Shareena on the ground that she secured more marks 369.050 in the group-II examination conducted by APPSC than Smt Sk.Shareena who has secured 356.011 marks in the same examination and therefore requested that the name of Smt Sk.Shareena shall be placed below her name in the proposed seniority list.

c)Objections filed by Sri B.Rama Rao:

The individual objected to his placement below the name Sri P.S.S.V.Prasad Rao on the ground that he secured more marks 399.765 in the group-II examination conducted by APPSC whereas Sri P.S.S.V.Prasad Rao has secured 392.948 marks in the same examination and therefore requested that the name of Sri P.S.S.V.Prasad Rao shall be placed below his name in the proposed seniority list.

d)Objections filed by Smt N.Aswani:

The individual objected her placement below the names of Smt.Sk.Shareena and Smt. D.Aparna on the ground that she secured 364.400 marks in the group-II examination conducted by APPSC where as Smt Sk.Shareena and Smt.D.Aparna have secured 356.011 and 347.030 marks respectively in the same examination and therefore requested that the name of Smt Sk.Shareena and Smt D.Aparna shall be placed below her name in the proposed seniority list.

e)Objections filed by SriK.Krishnaiah:

f)Objections filed by Smt N.Aswani:

The above individuals have filed a common objection for the inter-se seniority of the Direct Recruit ACTOs stating

- that the APPSC prepared the ranking list as per the roaster points. The process of selection is intended only for application of rule of reservation but not to determine the inter-se-seniority of the selected candidates.

- that rule 33(b) of APS & S Rules 1996 clearly states that for the preparation of inter-se-seniority, order of merit shall be followed .

- that their names were shown at S.No.s 10 and 14 with roaster point Nos at 69 and 73 respectively of the ranking list prepared by the APPSC but whereas they stood at 4th and 5th rank in the merit list of 42 candidates selected in zone-III and thereby their merit was ignored in the proposed list.

- that in support, the individual relied upon the decisions of Apex Court in Ajit Singh Vs State of Punjab AIR 1999 SC 3471 and also Bimlesh Tanwar Vs State of Haryana and others AIR 2003 SC 2000 and requested for review of the proposed seniority list and to prepare according to the order of merit.

Answer to the objections:

All the objections raised by the above six Direct Recruitee ACTOs have been examined carefully. Prima-facie, it appears that there is some force in their contention. Issues of this nature has to be invariably resolved by the selection authority, namely, the APPSC, Hyderabad, and accordingly the matter would referred to the APPSC. As these six ACTOs are of 2004-05 batch, the finalization of seniority list of ACTOs for this year in the common show cause notice for the years 2000-01 to 2004-05, is deferred, until the issue in question is resolved. However, for the seniority list of ACTOs for the years 2000-01 to 2003-04, there are no objections and hence the same is finalized.

On the issue of seniority list for the year 2004-05 a supplementary seniority list will be communicated as and when the issue is resolved.

The seniority list finalized shall be subject the outcome of SLPs/WPs/OAs pending, if any, before the Hon’ble Supreme Court/High Court/APAT.

A copy of this order is available on the Internet and can be accessed at the address Sd/-K.SRINIVASA RAO

DEPUTY COMMISSIONER(CT)

GUNTUR DIVISION::GUNTUR

To

The Asst.Commercial Tax Officers (Direct Recruit)

Copy to the all Commercial Tax Officers with a request to download this notice

From Mail, serve on the Direct Recruitment Asst.Commercial Tax Officers

working in their offices and report the date of service forthwith.

Copy to the Deputy Commissioner(CT), Narasaraopet Division at Guntur and

Nellore Division at Nellore.

Copy submitted to the Addl. Commissioner (CT), Hyderabad for favour

information.

Published by Collector & District Magistrate, Nellore District