The Government of India in their order No. 27/13/2013-SR (S) dated 29 March 2014, has established an Advisory Committee for the State Government Employees, other than All India Services, as provided undern Section 80 of Andhra Pradesh Reorganisation Act 2014. The Advisory Committee has, after extensive consultations, formulated draft Guidelines for allocation of state services employees between the States of Andhra Pradesh and Telangana. These guidelines are published for general information of all concerned. Suggestions in relation to these guidelines may be sent in writing duly signed, to the Principal Secretary, General Administration (SR) Department, Government of Andhra Pradesh, H Block North first floor, Secretariat, Hyderabad, on or before 5 August 2014, in a sealed cover. The Advisory Committee may take into consideration these suggestions before framing the final guidelines for submission to the Government of India for approval.
Guidelines for allocation of State Services Employees between Andhra Pradesh and Telangana
Allocation of Posts
- All sanctioned civil services and civil posts that existed immediately prior to the appointed day, i.e., 1 June 2014, shall be allotted to the successor States. Sanctioned posts do not include posts approved to be filled-in on contract or by outsourcing. Allocable posts include vacant posts. Allocation of posts and personnel between the two States in respect of State Services (other than All India Services) will be undertaken in terms of Sections 77 to 82 of the Act, which may be read as an integral part of these guidelines.
- The posts of the un-divided State have to be allocated between the Successor States with reference to the territorial posts relatable to the geographic area of the Successor State, and the State level posts. The territorial posts located in the geographical area of a Successor State go to that Successor State; whereas the posts at the State level are to be equitably shared between the two States. The territorial posts and a fair share of the State level posts in a category together constitute the total cadre strength of a category of post in a State.
- 9. State Services posts (other than All India Services) shall be allocated in the following manner:
- i. Posts relatable to a territory which includes areas like village, town, circle, mandal, division, district, zone, or multi-zone, including posts relatable to institutions, special offices and establishments, projects, and undertakings to be classified as territorial entities, where such territories have been transferred in their entirety to a successor State, shall be deemed to be posts of that successor State on and from the appointed day i.e., the 2nd June 2014. For removal of doubts it is clarified that mere location of an entity in the Hyderabad City does not make it a territorial institution, posts in which are allocable to the State of Telangana. The following illustrative list of territorial posts stand allotted to the Successor States:
- a. All posts in the local, district, zonal and multi-zonal cadres, which fall entirely in one of the successor States, including those posts in multi zonal cadres that transcend the State boundary, which are located within the respective States.
- b. Other categories of territorial posts in departments, which have not been organised into local cadres by virtue of exemption from the Presidential Order or otherwise.
- c. Posts in departments or entities which fall solely and serve exclusively one of the States
- d. Posts in special offices and establishments serving solely one State
- e. Posts in major development projects solely falling within and serving one State
- f. Posts in state level institutions falling within and serving one State solely.
- ii. All other posts, which are not exclusively relatable to areas going only to one State, like posts in the Secretariat and offices of Heads of Departments; and State Level Offices and Institutions, Special Offices and Establishments and Major Development Projects, determined as such for the purposes of this Act, if any, serving more than one State, including posts belonging to the organized State and Subordinate Services cadre posts in these offices, may be allotted on the basis of the ratio of population of the two States. Accordingly all regular sanctioned posts in every category of posts mentioned above shall be divided in the ratio of population of the two States as per 2011 census i.e., 41.68:58.32 between the State of Telangana and the State of Andhra Pradesh respectively. However in case of departments responsible for activities that do not exclusively conform to population criterion, the apportionment of posts between the Successor States may be based on the ratio of geographic intensity of activity of the department concerned in the two States, validated by empirical evidence.
- It is clarified that the State level posts that are divisible between the two States comprise two distinct types of posts in a department, viz.:
- i. Posts at the state level of organised State-wide Services in a department for which the whole State is the unit of appointment, officers holding posts in which are liable fortransfer throughout the State; and
- ii. Posts in the State level entities in a department serving the whole State where the unit of appointment is the office of the Secretariat head, the H o D or the Head of the State level entity.
- Posts in a category belonging to an organised State-wide Service like the Andhra Pradesh Agricultural Service comprise the following: Territorial posts which are deemed to be allotted to the respective States; and Posts in State level entities that have to be distributed between the States in the proportion specified.
Principles guiding Allocation of Employees between AP and TG
The following principles and procedure shall guide the final allocation of personnel:- a) Persons who immediately before the appointed day are serving on substantive basis in connection with the affairs of the existing State of Andhra Pradesh shall be considered for allocation. Employees holding posts on purely ad-hoc basis immediately before the ‘appointed day’ shall be considered against substantive posts (or regular) held by them on the ‘appointed day’ if any.
- b) Allocation of employees would be based on final distribution of posts including vacant posts proposed by the Advisory Committee in consultation with the successor States and after approval of the Central Government.
- c) Allocable employees shall be considered for allotment between the successor States on the basis of Seniority list as available on June 01, 2014.
- d) The employees to be allocated would include persons who are absconding, long absentees, those on leave preparatory to retirement or other kinds of leave, those under suspension, persons undergoing training and employees on deputation, including foreign-service deputation. There shall not be any case of an employee not being allocated to either of the successor States.
- e) State service employees who hold allocable posts shall be allocated after seeking option from the employees indicating their preference to serve in either of the successor States after taking their option into consideration. It shall be open to the Central Government to allot the person to any successor State in the administrative interest or in the exigencies of public service.
- f) The allocation shall be done in order of seniority as available on June 01, 2014. Those who have opted, who are ‘local candidates’ relatable to the State to which they have opted, shall, in order of their seniority, be considered for allocation first. If allocable posts in that category remain, others will be considered in reverse order of seniority by allotting the junior most.
- g) Employees who are not local in relation to both States will be allocated on the basis of nativity / domicile based on due verification and certification of nativity / domicile by the Head of the concerned Department.
- h) Employees who are members of the Scheduled Castes or the Scheduled Tribes shall be considered for allocation on the basis of their option, if they are local candidates or domicile. In the event an SC or ST employee has not exercised his option he / she shall be allocated to the State of his / her domicile, as determined based on his / her service register.
- i) Class IV employees and drivers of light vehicles shall be allocated on the basis of option or local candidature, as far as possible.
- j) Spouse of an All India Service (AIS) officer who is a State government employee shall be allocated, where so desired by the spouse, to the State to which the AIS officer is allocated.
- k) Spouses in State government and related state government institutions shall as far as practicable be allotted to the same State, after considering options made by them.
- l) Cases of alleviation of extreme personal hardship of State government employees will be exceptions to the principle:
- i) Widowed, legally separated and divorced women employees may be considered for allocation to the State to which option is exercised.
- ii) Handicapped persons of more than 40% disability may be allocated on the basis of option, subject to the procedure prescribed by the State Government.
- iii) The employees who are known to be facing serious medical hardship, in cases of Cancer (self or dependent family), Open Heart / Bye-pass surgery, and Kidney Transplantation / Kidney failure and continuing on dialysis (self) shall be considered for allotment on special grounds on priority on the basis of option, subject to strict proof of verification as per the procedure prescribed by the State Government.
- m) Vacant posts allocated to a State shall not be used to allot a person unless there are more employees who are local candidates of that State.
- n) Local candidature shall be as defined under the Andhra Pradesh Public Employment Order, 1975 as may be entered in the service record or as certified by the competent authority, with strict reference to the school records. False claim of local candidature or production of false certificate with the intent to mislead shall be punishable as a criminal offence and also be subject to major disciplinary proceedings.
- o) Cadre composition with reference to direct recruits/ promotees and recruitments by transfer, and reserved categories of persons as on the appointed day (observed percentage of reservations for different groups) may, as far as practicable, be kept in view while allotting personnel to the two cadres.
- p) There are certain departments in which the number of posts in a category in the department is limited, but there are many more persons holding posts in the category on tenure in other departments or on foreign-service deputation. In such cases personnel who are in excess of the sanctioned strength may be distributed between the States duly reckoning the tenure posts or foreign-service posts of the category in the respective States without their being formally added to the cadre strength, for the purpose of allocation of personnel between the states.
- q) Where personnel in the seniority list of a category of post is appointed based on subject specialization like in the case of teaching jobs or medical specializations, allotment of posts and personnel in such cases should be subject specialization wise.
- r) Officers who have retired/died after the appointed day but before allocation will also be allotted.
- s) Employees belonging to allocable categories of one department working in another department or organization on deputation/ tenure basis will be allotted by the parent department of the officer.
- t) Local cadre personnel, who are deemed allotted to the State in which the local cadre is situate, working on tenure basis in the Secretariat, Offices of Heads of Department, State Level institutions and Special offices and Establishments and Major Development Projects, as declared under the Presidential Order, will be repatriated to the parent local cadre.
- u) Personnel ‘on other duty’ will be reverted to their parent offices or departments for allotment.
- v) Candidates who stand allotted by the APPSC or other recruiting agency before the appointed date will be asked to indicate their preference to a State. They will be liable to serve the State to which they are allocated.
- w) The Advisory Committee will also consider allocation of State Services Employees in the institutions / centres / corporations, etc., included in Schedule IX and X of the AP Reorganisation Act 2014 and other similar entities on 1 June 2014 while making allocation of employees between the two States.
- x) The actual allocation of personnel to States shall be guided by the public interest and the administrative needs of the posts in the states.
- y) Posts created subsequent to the appointed day by either State Governments will be reckoned, if so desired by that State, for the purposes of final allotment of state services employees.
- z) Notwithstanding the guidelines indicated above the Advisory Committee would be at liberty to consider any principle / factor which may become crucial in deciding the allocation of employees to the successor states subject to approval of the Central Government.
