NOTIFICATIONS BY GOVERNMENT GENERAL ADMINISTRATION DEPARTMENT
(SERVICES-D) RELINQUISHMENT OF RIGHTS BY MEMBERS OF SERVICE AMENDMENT TO RULE 28 OF THE ANDHRA PRADESH STATE AND SUBORDINATE SERVICE RULES, 1996 [G.O.Ms.No.92, General Administrations (Services. D), 28 August, 2023.]
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of Constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh State and Subordinate Service Rules, 1996 issued in G.O.Ms.No.436, General Administration (Services-D) Department, dated the 15th October, 1996 as subsequently amended from time to time:
AMENDMENT
In the said rules, in Rule-28, after the proviso, the following shall be added namely:-
Explanation: (i) In respect of promotion to a member of service, who has exercised relinquishment of promotion due to any reason, Rule 28 does not disentitle him/her from being considered for promotion in a future vacancy merely because he/she had relinquished his/her right under the Rules for promotion earlier.
(ii) Relinquishment of right or privilege of promotion to a particular vacancy would not amount to permanent relinquishment of right of privilege for promotion to that particular vacancy. The Rule-28 cannot be read or interpreted to mean that his/her right to be considered for promotion to any vacancy arising in future also is permanently extinguished.
(iii) The relinquishment of an opportunity for promotion, which arose for an employee occupying certain place in seniority list in the panel year, in view of a vacancy that arose then, in view of the fact that he/she was eligible for promotion in the light of the criteria laid down in the Rules, would mean that the extent the privilege has been relinquished is confined to the privilege related to that particular vacancy/panel year which was available to him/her by virtue of the above mentioned circumstances. The Rule cannot be interpreted to mean that the relinquishment was in respect of future vacancies also. Therefore, the right of the Member of Service shall be considered in future vacancy for promotion, if otherwise eligible.
