<<–2/”>a href=”https://exam.pscnotes.com/5653-2/”>p>Girglani Committee was related with the development of Telangana. Report is divided into 15 chapters.
Chapter 1
This Chapter clears the confusion between Six Point Formula, Presidential Order on Public Employment and G.O.Ms.No.610 G.A (SPF.A) Dept., dated 30-12-1985. Often these are being used interchangeably without knowing the difference and distinction between them. The Presidential order is based on point 3 of the Six Point Formula. The extract title of the Presidential Order is " The Andhra Pradesh Public Employment ( Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 1975 ( Presidential Order) dated 18th October, 1975. This Chapter also gives the scope of the Report, Viz. the deviations from the Presidential Order, grievances, remedial measures and safeguards. Time frame of the Report is 18th October 1975 to the present day, covering the entire State. The main causes of deviations are the dynamics of the administrative system sometimes bypassing the Presidential Order, oblivion and ignorance of the Presidential Order and lack of any monitoring or guiding machinery or a nodal agency.
Chapter 2
This Chapter gives various findings on the deviations with regard to Heads of Departments and other excluded organizations of para-14 of the Presidential Order and G.S.R 529 (E). Most of the deviations in the Findings pertain to expansion of the scope of Heads of Departments and excluded organization to bring into their fold more and more posts to place them outside the Local Cadres. Even posts not used for project works and posts in the projects where work was completed, continue to be labelled as Project Posts for keeping them out of the Local Cadres and out of the Presidential Order. All workcharged establishments of the Projects not engaged in Project Work is kept out of the local cadres.
Chapter 3
This Chapter gives some Regional Offices that were shifted from Zones-V & VI to some other zones taking away all the posts from Zones-V & VI in the process of re-organisation of the Department. In one Department the Regional Offices were abolished and the posts taken to the Head Office putting them out of the purview of the Presidential Order and Local Cadres. In I & CAD Department some circles crisscross the Zones violating the Zonal cadre limits for posting and transfers. In Drugs Control Department their Regional offices violate Zonal bounds for postings, transfers, seniorities. Some Departments effect inter-zonal transfers in violation of para 5 (2) limitations where a Region has more than one Zone within it.
Chapter 4
This Chapter deals with Urban Development Authorities. The Presidential Order has made specific provisions regarding HUDA. But other Urban Development Authorities continue to remain outside the Presidential Order and outside Local Cadres. They have to be brought under Presidential Order like HUDA.
Chapter 5
This Chapter deals with Units of Appointment and Local Cadres. In some Departments there prevails some confusion regarding Units of Appointment and Local Cadres. These two should not criss- cross. There are examples of such criss-cross. Direct recruitment, seniorities etc. can be done among the units of appointment but without crossing the Local Cadre bounds. In some Departments this has not happened. Some of them have even thought that Units of Appointment are Local Cadres.
Chapter 6
This chapter deals with cross-cadre movement through transfers, deputations and posting employees "On other Duty". Transfers have been the cause of complaint particularly from Zone-IV. Government has recently banned transfers. But, this will have some social side-effects in matters of matrimony etc. The Andhra Pradesh High Court in a Judgement on Police Officers has laid down some Sound principles to be observed for transfers. Essentially the High Court advises strict circumspection. This Commission has suggested some formula to offset the loss of opportunities to the Local candidates through the influx of people coming on transfer and also to contain such influx in Zone-VI and similar areas of influx. Deputations have proved to be a rather disconcerting source of deviations from the Presidential Order. The fair share principle of para 9 (B) of the aforesaid G.O.P. 728 dated 01.11.1975 has been almost completely ignored. There are indications of deputations being used as the substitute for transfers and also some undesirable motivations. In the case of Projects, deputations are resorted to even where the posts have ceased to be utilized for Project work and have become departmental posts and also where even the Projects have been completed though not notified as such. In some cases, all the rules about deputations laid down in the Fundamental Rules and the General Service Rules have been indiscriminately flouted to churn out promotions. From one post multiple promotions have been churn out promotions. From one post multiple promotions have been churned out by sending persons on deputations, filling the same post by promotion and keeping up the chain of promotions and deputations. Deputations from excluded organization to other excluded organizations have curtailed the opportunities of the local candidates which the fair share principle would have provided them. Deputations as a source of deviations need stringent vigilance.
Chapter 7
This Chapter is devoted completely to a discussion on workcharged establishment. Right from the beginning before and after the promulgation of the Presidential Order to date, workcharged employees have been kept out of the purview of the Presidential Order for no reason at all. They are "civil posts" in all connotations of this term and the Presidential Order should have been applied to them, but this has not been done. Till 03.10.1985 Major Development Projects were kept out of the purview of the Presidential Order. But once the Presidential order was extended to these Projects there was no justification for keeping workcharged establishments outside the Presidential Order in the Projects. In the regular departments right from beginning there was no justification for such exclusion. Today, their number is 40,870. Of these 17,161 are in Irrigation, 5849 in Roads & Buildings Department, 6860 in Panchayat Raj Engineering Department and the rest in other departments. Surplus staff including a part of the workcharged establishment totalling to 21,866 has also been kept outside the Presidential Order while absorbing them in regular posts. Such exclusion is even more unjustifiable. These have to be brought under the Local Cadres.
Chapter 8
This Chapter deals with gazetting of posts and specified gazetted category. After the Presidential Order many non-gazetted posts have been gazetted thus taking them away from the purview of Presidential Order and zonal cadre and also depriving local candidates of 70% reservation. It is suggested that the Government of India's orders may be obtained that all such posts shall retain their character as zonal posts and 70% reservation for locals. This Chapter also suggests an important principle of immutability of the original local character of a post as it stood on 18.10.1975. In G.O.Ms.No.610 G.A. (SPF.A) Dept., dated 30.12.1985 (regarding Zones V & VI) and also G.O.Ms.No.564 G.A. (SPF.A) Dept., dated 05.12.1985 (regarding Zone IV) both carry an assurance for considering the inclusion of first gazetted posts in the specified gazetted category that will make them zonal posts. In fact, the third point in Six Point Formula also stipulates first or second gazetted category (as may be decided for each department), to be included in the specified gazetted category. Therefore it is obligatory to act on this stipulation. Presently, many departments first or second gazetted level stands excluded from the specified gazetted category. On the two issues in this Chapter, it is advisable to take immediate action. Immediate action is also called for to stop any further gazetting of non-gazetted posts.
Chapter 9
This Chapter deals with compassionate appointments. None of the 35 G.Os on the subject stated that in making such appointments Presidential Order should be followed or that only local candidates should be appointed to concerned local Cadres. On the other hand, some of the G.Os carry instructions to the contrary which are in clear contravention of the Presidential Order. The wrong action taken so far in this regard should be reversed and for the future proper instructions may be issued.
Chapter 10
This Chapter clarifies that City of Hyderabad which is provided for as a separate " City cadre" in respect of certain posts specified in G.S.R. 528 (E), is specifically defined in terms of Panchayats in the First Schedule to the Presidential Order. This is slightly different from the Hyderabad District to which Hyderabad District Cadre Posts belong. The Hyderabad District comes under Zone VI. City of Hyderabad is by itself the local area for District Cadre posts as well as zonal posts. A third entity, which should be distinguished from these two entities, is the Municipal Corporation of Hyderabad. Some wrong postings and promotions have been given due to this mix up. Since, many of the Panchayats in the Schedule of City of Hyderabad have become Municipalities, it is necessary to revise the Schedule delineating the Panchayats in terms of corresponding Revenue villages. Undue benefits or deprivations arising out of the mix up may be reviewed and revised.
Chapter 11
This Chapter deals with the role of Employment Exchanges and shows that they were not expected to verify or record the local status of the candidates registering with them. Some departments doing direct recruitment or temporary appointments have relied on Employment Exchanges without themselves verifying the local status of the candidates. This has led to the charge of "bogus registrations" in Employment Exchanges. The issue of bogus certificates is also dealt with in this Chapter and it is suggested that institutional level verification of certificates of selected candidates should be done. Similarly, certificates issued by MROs should also be subjected to field verification.
Chapter 12
This Chapter deals with recruitments and allotments that need on-going scrutiny. These pertain to : (1) departments and posts kept outside the purview of the Andhra Pradesh Public Service Commission and / or District Selection Committees; (2) departments with multiple wings but with integrated cadre (3) "umbrella" departments with integrated cadre (4) where a new dispensation is introduced as in case of Panchayat Secretaries. Deviations from the Presidential Order have been noticed in all such organizations, particularly in Sericulture Department. In this regard the most glaring case is that of Panchayat Raj Engineering Department who recruited directly AEEs from among Work Inspectors of their workcharged establishment from the year 1991 to 95 without applying the principle of local candidate for local cadres. These appointments have to be now set right in the manner proposed by the Commission. In Irrigation Department irregularities have come to Light. There is case of 102 engineers represented by Hyderabad Engineers Association.
Chapter 13
This Chapter pertains to some miscellaneous deviations. The backlog of the vacancies reserved for locals in R.R. District were not reserved 100% for locals but were again subjected to 80 : 20 ratio of locals : merit candidates which was incorrect. This should be set right and shortfall made good. It was complained that ITDAs thousands of teachers recruited were non-locals. But the District Collector reported that the Services of non-locals and non-tribals had been terminated. Government may check up all these facts. In Government hospitals ANMs allotted by Andhra Pradesh Public Service Commission were non-locals for want of local candidates. The Director of Health informed that more training facilities have been created for nurses in the State. College Service Commission erroneously treated Junior Lecturers as zonal posts and also applied 60% reservation, even after they had been gazetted. The `benevolent' error was continued by APPSC.
Chapter 14
This Chapter deals with mechanism to ensure implementation and monitoring of Presidential Order. It is suggested that first and foremost, two fundamental safeguards should be declared unequivocally. First, and the most important is principle of immutability local character of a post as it stood on 18.10.1975. Second, the scope of the Presidential Order as originally promulgated should not be changed. The framework of safeguards is elaborately described in this Chapter. The immediate and impact measures suggested are : (1) to halt recruitment and promotions to the posts up to specified gazetted categories level in the present offices of the HODs until the rectification suggested in Chapter 2 is carried out and also to halt further gazetting of posts, further compassionate appointments and further absorption/redeployment of surplus staff and further deputations till remedial measures suggested for these matters are carried out. (2) taking immediate prospective action under the 35 sets of "Remedial Action" in the Report. (3) taking immediate action for the deletion of item (e) of Para 14 of the Presidential Order , and G.S.R. 525 (E), so as to bring the Projects totally under the Presidential Order. (4) to set right the maladies indicated in various findings before resuming the normal process of recruitments, promotions etc. (5) taking immediate redressal action on the individual petitions as per proceedings in Vol. II of this report. (6) appointment of appropriate Implementation and Monitoring Body to initiate action on the Report.
Chapter 15
This Chapter is the conspectus. The Commission has mooted the idea of persuading some of the big Corporations to adopt the principles of the Presidential Order through their own Board resolutions as was done by APDDCF Ltd. The main point in this is with regard to retrospective action on the findings. The consensus route as followed in Karnataka could be thought about to avoid unending and long winding litigations. No one can say who lost how much and who gained how much till the departments work out these factors in respect of each finding.