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To

The Engineer-in-Chief (R&B),


Administration,
Government of Andhra Pradesh
Ibrahimpatnam,
Krishna district

Sir,

Sub: Interstate transfer of local cadre employees between AP and TS –


Telangana state recently promoted employee (AEE zone VII &
promoted as DEE on 31-8-2017) was proposed for mutual transfer
as against DEE of Zone I in AP as on 2-6-2014 - Violation of AP
Reorganisation Act 2014 – Reg.

Ref: 1) AP Reorganisation Act 2014


2) Guidelines for allocation of employees between AP and TS issued
by Government of India
3) G.O.Rt. No. 2147, GAD (DPC-I) Dept., dt. 16-5-2014
4) G.O.Rt. No. 2583, GAD (DPC – I) Dept., 14-7-2014
5) G.O.Rt. No. 2759, GAD (DPC – I) Dept., 01-8-2014
6) G.O.Rt. No. 566, GAD Dept., dt. 16-3-2016
7) Government of AP and Government of TS GAD (SPF&MC) dept.
Circular Memo No. 9940 / SPF&MC / 2015, dt. 7-8-2017

We the Engineers of Andhra Pradesh Roads and Buildings Department


submit that the Government of Telangana State, Roads and Buildings
Department has violated the AP Reorganisation Act 2014 by recommending
the 2007 batch AEE Sri Sridhar of Zone VII as on the appointed day 2-6-
2014 and recently promoted as DEE in Zone VII on 31-8-2017 for Mutual
transfer of local cadre employee Smt V.Manjula, DEE of Zone I as on 2-6-
2014 and continued to work as DEE till now. She is a 1992 batch AEE.

This is against Proviso to Sub-section (2) of Section 77 of AP


Reorganisation Act 2014 and Guidelines issued by the Government of India.
The conditions of service as on appointed day shall not be altered.

Government of Andhra Pradesh vide G.O Rt No. 2147 dt 16-5-2014 had


imposed

i) A general ban on all promotions in the State at all levels is imposed till
the process of allocation of employees to the successor state of
Telangana and Andhra Pradesh are completed.
ii) A ban is also imposed on all a) appointments b) transfers c) revision of
seniority and d) change in terms and conditions of employment.

Government of Andhra Pradesh vide G.O Rt No. 2759 dt 1-8-2014 had


relaxed ban on promotions relating to zonal cadres in so far as it does not
involve promotions to state cadre.

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Government of Andhra Pradesh vide G.O Rt No. 566 dt 10-3-2016 had
relaxed ban imposed in G.O.Rt. No 2147, dt 16-5-2014 to the departments
where final allocation of employees of State / Multi zonal cadres have been
completed by Government of India subject to the General ban on
transfers and other general restrictions that are in operation.

Sri O.Sridhar is an AEE working in Zone VII in Telangana State as on the


Appointed Day 2-6-2014 and continued to work as AEE in Zone VII in T.S.
even on the date of issue of circular Memo dt. 7-8-2017 and till 30-8-2017.
He was promoted as DEE in Zone VII of T.S on 31-8-2017. Roads and
Buildings department, Government of Telangana has recommended his
candidature for Mutual transfer as per the interstate transfer circular memo
dt. 7-8-2017 and the same along with the request for mutual transfer of Smt.
V.Manjula, DEE of zone I in A.P. to the Principal Secretary to Government,
T,R&B Dept on 6-9-2017 i.e, on the last day of the expiry of application for
mutual transfer.

As per rules, the mutual transfer can be considered where the candidates
are of the same cadre (among equals) as on the appointed day i.e., 2-6-2014
but not between the T.S. promoted DEE (temporary) after 2-6-2014 (& on 31-
8-2017) and DEE as on the appointed day. They are not equals. When they
are not equal as on the appointment day, their application for mutual transfer
remains void and recommendation of the R&B department, Government of
T.S. is against the spirit of AP Reorganisation Act 2014.

The conditions applicable to the State Cadre also apply to the zonal
cadres with regard to mutual transfers. How can a Telangana employee
(AEE as on the appointed day) be promoted, without any seniority list
communicated by the Residual Andhra Pradesh as per the Act after the
appointed day that too promoted for this mutual transfer purpose, on the last
day of the panel year ending 31-8-2017 be considered as equal with the DEE
working as on the appointed day i.e, 2-6-2014.

The interstate transfer circular dt 7 -8-2017 cannot be read in isolation with


the Act, guidelines issued by GOI, ban orders issued prior and after the
appointed day and orders issued relaxing ban subject to ban of General
transfers and with general restrictions that are in operation.

It is also informed that Smt V.Manjula, DEE who opted for mutual
transfer with the TS DEE promoted after appointed day i.e,on 31-8-2017
comes under spouse case since her husband is working in JNTU,
Hyderabad (a Telangana University) formed in 2008. Her case is a fit spouse
case where both husband and wife are local to Telangana State. She can be
considered under Spouse case rather than under mutual transfer case.

To curtail such wrong doing by the Government of Telangana in other


similar cases also, the GAD (SPF & MC) shall include a column “Cadre of
the candidate as on the appointed day i.e, 2-6-2014 and Cadre of the
candidate as on 7-8-2017”. Even for APPSC, TSPSC, UPSC examinations,
the cutoff date for acquiring qualifications is about a month or more prior to
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the date of examination. Here, TS government have given promotion on 31-
8-2017 and recommended his candidature for mutual transfer within 2 or 3
days. AP R&B department has recommended the same without any
verification nor seeking clarification as there is no such data in Annexure
columns to verify.

We request you to kindly do the needful and see that no such illegal
mutual transfer is recommended and address the Government T,R&B
department and GAD (SPF & MC) departments, AP Secretariat, Velagapudi,
Guntur district to rectify the TS Government’s wrong doing.

Thanking You Sir,

Yours faithfully,

Copy submitted to the Principal Secretary to Government, T,R&B


Department, Velagapudi, AP Secretariat, Guntur district, Andhra Pradesh for
justice

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Copy submitted to the Principal Secretary to Government, GAD (SPF &
MC), Velagapudi, AP Secretariat, Andhra Pradesh for justice and to issue
necessary clarifications to avoid such misinterpretation of AP Reorganisation
Act 2014
.
Copy submitted to the Principal Secretary to Government, GAD (SPF &
MC), Hyderabad, Government of Telangana for justice and to issue
necessary clarifications to avoid such misinterpretation of AP Reorganisation
Act 2014

Copy submitted to the Chief Secretary to Government of A.P, Velagapudi,


AP Secretariat, Andhra Pradesh for justice and to issue necessary
clarifications to avoid such misinterpretation of AP Reorganisation Act 2014

Copy submitted to the Hon’ble Minister, Roads and Buildings, Government


of Andhra Pradesh for justice and suitable necessary action

Copy submitted to the Hon’ble Chief Minister, Government of Andhra


Pradesh for justice and suitable necessary action